REPUBLIC ACT NO. 9371
AN ACT PROVIDING FOR THE APPORTIONMENT OF THE LONE LEGISLATIVE DISTRICT OF THE CITY OF CAGAYAN DE ORO

Section 1. Legislative Districts. - The lone legislative district of the City of Cagayan de Oro is hereby apportioned to commence in the next national elections after the effectivity of this Act. Henceforth, barangays Bonbon, Bayabay, Kauswagan, Carmen, Patag, Bulua, Iponan, Baikingon, San Simon, Pagatpat, Canitoan, Balulang, Lumbia, Pagalungan, Tagpangi, Taglimao, Tuburan, Pigsag-an, Tumpagon, Bayanga, Mambuaya, Dansulihon, Tignapoloan and Bisigan shall comprise the first district while barangays Macabalan, Puntod, Consolacion, Camaman-an, Nazareth, Macansandig, Indahag, Lapasan, Gusa, Cugman, FS Catanico, Tablon, Agusan, Puerto, Bugo and Balubal and all urban barangays from Barangay 1 to Barangay 40 shall comprise the second district.

Section 2. Rules and Regulations. - The Commission on Elections shall issue the necessary rules and regulations to implement this Act.

Section 3. Repealing Clause. - All other laws, rules and regulations inconsistent with this Act are hereby repealed, amended or modified.

Section 4. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two newspaper of general circulation.

Approved: 22 February 2007

REPUBLIC ACT NO. 9368
AN ACT GRANTING THE MINDANAO JOCKEY AND COUNTRY CLUB, INC., A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A RACETRACK FOR HORSE RACING IN DAVAO CITY

Section 1. Nature and Scope of Franchise. – Any provision of law to the contrary notwithstanding, there is hereby granted to the Mindanao Jockey and Country Club, Inc., a corporation duly organized and registered under the laws of the Philippines, hereinafter referred to as the grantee, a franchise to construct, operate and maintain one racetrack in Davao City, establish such branches thereof for booking purposes anywhere in the Philippines, and hold or conduct horse races with bettings on the results of races, either directly or by means of any mechanical, electrical and/or computerized totalizator, and to do and carry out all such acts, deeds and things as may be necessary to give effect to the foregoing: Provided, That the establishment of off-track betting stations anywhere in the country shall be subject to the approval/consent of the local government units where the off-track betting station shall be established, and in case of a municipality or component city, approval or consent of the provincial government shall likewise be obtained.

Section 2. Authority of the Philippine Racing Commission and the Games and Amusement Board (GAB). - The races to be conducted by the grantee shall be under the supervision and regulation of the Philippine Racing Commission, which shall enforce the laws, rules and regulations governing horse racing, including the framing and scheduling of races, the construction and safety of racetracks, the allocation of prizes for winning horses and the security of racing. All racing officials and personnel of the grantee shall be duly licensed by the Philippine Racing Commission pursuant to Presidential Decree No. 420, as amended: Provided, That the personnel directly involved in betting shall be licensed by the GAB, and the GAB shall continue to supervise and regulate the betting in horse races as provided in Sections 6, 11, 15, 18 and 24 of Republic Act No. 309 or the Act to Regulate Horse Racing in the Philippines, as amended.

Section 3. Term of Franchise. - This franchise shall be for a term of twenty-five (25) years from the date of effectivity of this Act unless sooner revoked or cancelled. The grantee shall secure from the Department of Environment and Natural Resources, the Department of Land Reform and such other government agencies concerned the necessary environmental compliance certificate and other permits for the construction of its racetrack within three years from the effectivity of this Act. The grantee shall commence operation within three years from the start of such construction.

Section 4. Computerized and/or Mechanical Devices. – The grantee shall provide and operate, and is hereby authorized to do and carry out all such acts, deeds and things as may be necessary for the effective conduct of the business under this franchise, and to achieve an orderly, clean and honest horse racing in the conduct thereof, the grantee shall in particular, provide and operate any mechanical, electrical and/or computerized devices, equipment and facilities, including, but not limited to:

1. Photo patrol and/or other electronic devices or camera:
2. Automatic starter;
3. Photo finish devices;
4. Facilities or devices for tattoo branding of horses for proper identification;
5. Facilities, laboratories and instruments for testing drugs;
6. Weighing machines and devices for measurement of horses;
7. Electric and/or computerized totalizator;
8. Machines directly connected to a computer in a display board for the sale of tickets including those sold in off-track betting stations;
9. Modern sound system and loud speaker facilities;
10. Modern telecommunications, and broadcasting equipment and facilities, whether at the grantee’s tracks or offtrack betting stations, for receiving and transmitting, whether live or otherwise, messages, signals and pictures by any means now known or which in the future may be developed for the reception and transmission of messages, signals and pictures relating to the betting system, the actual conduct of horse races, the announcements of winning numbers and dividends paid or to be paid thereon, and any other form of information relating to the conduct and promotion of horse races within or outside the Philippines;
11. Continuous and back-up power supply, and such other instruments, devices, equipment, facilities and systems;
12. Facilities that will bring safety, security, comfort and convenience to the public; and
13. Such other facilities, devices and instruments that will ensure clean, honest and orderly racing, betting on horse races. In case of failure to provide and install any of the abovementioned equipment or facilities within the three-year period, the Philippine Racing Commission shall forthwith suspend and prohibit the holding of races by the grantee until such time as the said equipment or facilities are provided and installed.

The GAB shall assign its auditors and/or inspectors to supervise and regulate the placing of bets, the proper computation of dividends and the distribution of wager funds.

Section 5. Offering, Taking or Arranging Bets for Races. - The grantee or its duly authorized agent may offer, take or arrange bets for races conducted in or outside the Philippines, in person or by any electronic or other means of processing transactions, anywhere in the Philippines, whether within or outside the place, enclosure, or track where horses are held, in on-track or off-track betting stations, a day in advance of and/or during scheduled races held or conducted within or outside the Philippines. No other entity or person other than the grantee or its duly authorized agents or licensees shall offer, take or arrange any bets on any horse participating in any race conducted by the same, or maintain or use a totalizator or any other device, method or system to bet on any horse within its premises or outside the same enclosure or track in the course of horse races conducted and/or operated by the same grantee.

Section 6. Penalties. - Any person or persons found to have violated the provisions of the aforementioned section shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than One hundred thousand pesos (P100,000.00) or by imprisonment of a minimum of six months and a maximum of one year, or both, at the discretion of the court. If the offender is a corporation, partnership or association the criminal liability shall devolve upon its president, managing partner or manager responsible for such violation.

Section 7. Terms of Betting Tickets. - The grantee shall publish and display prominently and in appropriate places the terms and conditions regarding the sale of betting tickets.

Section 8. Distribution of Total Wager Funds or Gross Receipts. - The total wager funds or gross receipts from the sale of betting tickets shall be apportioned as follows:

1. Eighty-two percent (82%) shall be distributed in the form of dividends among the holders of the winning ticket, whether from pari-mutuel, daily double, forecast, llave, quinello, trifecta, or any other manner of betting;
2. Eight and one-half percent (8 ½%) shall be retained by the grantee as its commission/fee for conducting the horse races;
3. Eight and one-half percent (8 1/2%) shall be set aside for the payment of stakes or prizes of win, place and show horses and the authorized bonus of jockeys; and
4. One percent (1%) shall be set aside for the use of the Philippine Racing Commission: Provided, That in the case of gross receipts derived from the total sale for pari-mutuel races the one percent (1%) government share shall be set aside for the use of the GAB.

Section 9. Breakage. - The receipts from betting corresponding to the fractions of less than Ten centavos (P0.10) eliminated from the dividends paid to the winning tickets commonly known as breakage, shall be set aside as follows:

1. Fifty percent (50%) for the benefit of the Philippine Racing Commission, subject to the condition that the funds shall be used exclusively for the payment of additional prizes for the races sponsored by the Philippine Racing Commission and for the necessary capital outlays and other expenditures relative to horse breeding activities of the National Stud Farm;
2. Twenty-five percent (25%) to the provincial or city/municipal hospitals where the racetrack is located; and
3. Twenty-five percent (25%) for the rehabilitation of drug addicts, as provided in Republic Act No. 6425.

Section 10. Schedule of Races. - The provisions of any existing law, executive or administrative order to the contrary notwithstanding, the grantee is hereby authorized to hold races on at least two days during the week as may be determined by the Philippine Racing Commission and all Saturdays, Sundays and official holidays of the year, excluding Thursdays and Fridays of the Holy Week, and those official holidays where the law expressly provides that no races are to be held. The grantee may also conduct races on the eve of any public holiday to start not earlier than five o’clock in the afternoon, but not to exceed five days in a year. The grantee shall allocate racing days pursuant to the provisions of Republic Act No. 309, as amended.

Section 11. Tax Provision. - The grantee shall be liable to pay income tax under the National Internal Revenue Code and all other tax laws applicable under the Tax Reform Act of 1997, as amended.

Section 12. Nontransferability of Franchise. - The grantee shall not lease, transfer, grant the usufruct of, sell nor assign or otherwise dispose of the rights and privileges acquired hereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other corporation or entity organized for the same purpose without the approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act. Any transfer of franchise in violation of this section shall render the franchise ipso facto revoked.

Section 13. Warranty in Favor of National and Local Governments. - The grantee shall hold the national, provincial and municipal governments of the Philippines free from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or persons, caused by the construction or operation of the racetracks of the grantee.

Section 14. Acceptance and Compliance. - Acceptance of this franchise shall be given in writing within sixty (60) days after the effectivity of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Nonacceptance shall render the franchise void.

Section 15. Reportorial Requirement. - The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of the franchise and on its operations within sixty (60) days from the end of every year.

Section 16. Equality Clause. - Any advantage, favor, privilege, exemption or immunity granted under existing franchises or may hereafter be granted shall ipso facto become part of this franchise and shall be accorded immediately and unconditionally to the herein grantee: Provided, however, That any advantage, favor, privilege, exemption or immunity granted under this franchise shall also ipso facto become part of existing and future franchises: Provided, further, That the foregoing shall neither apply to nor affect the provisions concerning territory covered by the franchise and the life span of the franchise.

Section 17. Separability Clause. - If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid.

Section 18. Repealability and Nonexclusivity Clause. – This franchise shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest so requires and shall not be interpreted as an exclusive grant of the privileges herein provided for.

Section 19. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in at least two newspapers of general circulation in the Philippines.

Lapsed into Law on Jan 14, 2007 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

REPUBLIC ACT NO. 9367
AN ACT TO DIRECT THE USE OF BIOFUELS, ESTABLISHING FOR THIS PURPOSE THE BIOFUEL PROGRAM, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be known as the “Biofuels Act of 2006.”

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to reduce dependence on imported fuels with due regard to the protection of public health, the environment, and natural ecosystems consistent with the country’s sustainable economic growth that would expand opportunities for livelihood by mandating the use of biofuels as a measure to:

1. develop and utilize indigenous renewable and sustainably-sourced clean energy sources to reduce dependence on imported oil;
2. mitigate toxic and greenhouse gas (GHG) emissions;
3. increase rural employment and income; and
4. ensure the availability of alternative and renewable clean energy without any detriment to the natural ecosystem, biodiversity and food reserves of the country.

Section 3. Definition of Terms. - As used in this Act, the following terms shall be taken to mean as follows:

1. AFTA - shall refer to the ASEAN Free Trade Agreement initiated by the Association of Southeast Asian Nations;
2. Alternative Fuel Vehicles/Engines - shall refer to vehicles/engines that use alternative fuels such as biodiesel, bioethanol, natural gas, electricity, hydrogen and automotive LPG, instead of gasoline and diesel;
3. Bioethanol - shall refer to ethanol (C2H5OH) produced from feedstock and other biomass;
4. Biodiesel - shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkyl esters derived from vegetable oils or animal fats and other biomass-derived oils that shall be technically proven and approved by the DOE for use in diesel engines, with quality specifications in accordance with the Philippine National Standards (PNS);
5. Bioethnol Fuel - shall refer to hydrous or anhydrous bioethanol suitably denatured for use as motor fuel, with quality specifications in accordance with the PNS;
6. Biofuel - shall refer to bioethanol and biodiesel and other fuels made from biomass and primarily used for motive, thermal and power generation, with quality specifications in accordance with the PNS;
7. Biomass - shall refer to any organic matter, particularly cellulosic or ligno-cellulosic matter, which is available on a renewable or recurring basis, including trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes, and the biodegradable component of solid waste;
8. DA - shall refer to the Department of Agriculture created under Executive Order No. 116, as amended;
9. Diesel - shall refer to refined petroleum distillate, which may contain small amounts of hydrocarbon or nonhydrocarbon additives to improve ignition quality or other characteristics, suitable for compression ignition engine and other suitable types of engines with quality specifications in accordance with the PNS;
10. DENR - shall refer to the Department of Environment and Natural Resources created under Executive Order No. 192, as amended;
11. DOE - shall refer to the Department of Energy created under Republic Act No. 7638, as amended;
12. DOLE - shall refer to the Department of Labor and Employment created under Executive Order No. 126, as amended;
13. DOF - shall refer to the Department of Finance created under Administrative Order Nos. 127 and 127.A;
14. DOST - shall refer to the Department of Science and Technology created under Republic Act No. 2067;
15. DOTC - shall refer to the Department of Transportation and Communications created under Executive Order No. 125-A, as amended;
16. DTI - shall refer to the Department of Trade and Industry created under Executive Order No. 133;
17. Feedstock - shall refer to organic sources such as molasses, sugarcane, cassava, coconut, jatropha, sweet sorghum or other biomass used in the production of biofuels;
18. Gasoline - shall refer to volatile mixture of liquid hydrocarbon, generally containing small amounts of additives, suitable for use as a fuel in spark-ignition internal combustion engines with quality specifications in accordance with the PNS;
19. Motor fuel - shall refer to all volatile and inflammable liquids and gas produced, blended or compounded for the purpose of, or which are suitable or practicable for, operating motor vehicles;
20. MTBE - shall refer to Methyl Tertiary Butyl Ether;
21. NBB or Board - shall refer to the National Biofuel Board created under Section 8 of this Act;
22. Oil Company - shall refer to any entity that distributes and sells petroleum fuel products;
23. Oxygenate - shall refer to substances, which, when added to gasoline, increase the amount of oxygen in that gasoline blend;
24. PNS - shall refer to the Philippine National Standards; consistent with Section 26 of R.A. No. 8749, otherwise known as the “Philippine Clean Air Act of 1999;
25. Renewable Energy Sources - shall refer to energy sources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis; and
26. WTO - shall refer to the World Trade Organization.

Section 4. Phasing Out of the Use of Harmful Gasoline Additives and/or Oxygenates. - Within six months from the effectivity of this Act, the DOE, according to duly accepted international standards, shall gradually phase out the use of harmful gasoline additives such as, but not limited to, MTBE.

Section 5. Mandatory Use of Biofuels. - Pursuant to the above policy, it is hereby mandated that all liquid fuels for motors and engines sold in the Philippines shall contain locally-sourced biofuels components as follows:

Section 6. Incentive Scheme. - To encourage investments in the production, distribution and use of locally-produced biofuels at and above the minimum mandated blends, and without prejudice to enjoying applicable incentives and benefits under existing laws, rules and regulations, the following additional incentives are hereby provided under this Act.

1. Specific tax

   The specific tax on local or imported biofuels component, per liter of volume shall be zero (0). The gasoline and diesel fuel component shall remain subject to the prevailing specific tax rates.

2. Value Added Tax

   The sale of raw material used in the production of biofuels such as, but .not limited to, coconut, jatropha, sugarcane, cassava, corn, and sweet sorghum shall be exempt from the value added tax.

3. Water Effluents

   All water effluents, such as but not limited to distillery slops from the production of biofuels used as liquid fertilizer and for other agricultural purposes are considered “reuse”, and are therefore, exempt from wastewater charges under the system provided under Section 13 of RA No. 9275, also known as the Philippine Clean Water Act: Provided, however, That such application shall be in accordance with the guidelines issued pursuant to R.A. No. 9275, subject to the monitoring and evaluation by DENR and approved by DA.

4. Financial Assistance

   Government financial institutions, such as the Development Bank of the Philippines, Land Bank of the, Philippines, Quedancor and other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financing to Filipino citizens or entities, at least sixty percent (60%) of the capital stock of which belongs to citizens of the Philippines that shall engage in activities involving production, storage, handling and transport of biofuel and biofuel feedstock, including the blending of biofuels with petroleum, as certified by the DOE.

Section 7. Powers and Functions of the DOE - In addition to its existing powers and functions, the DOE is hereby mandated to take appropriate and necessary actions to implement the provisions of this Act. In pursuance thereof, it shall within three months from the effectivity of this Act:

1. Formulate the implementing rules and regulations under Section 15 of this Act;
2. Prepare the Philippine Biofuel Program consistent with the Philippine Energy Plan and taking into consideration the DOES existing biofuels program;
3. Establish technical fuel quality standards for biofuels and biofuel-blended gasoline and diesel which comply with the PNS;
4. Establish guidelines for the transport, storage and handling of biofuels;
5. Impose fines and penalties against persons or entities found to have committed any of the prohibited acts under Section 12 (b) to (e) of this Act:
6. Stop the sale of biofuels and biofuel-blended gasoline and diesel that are not in conformity with the specifications provided for under Section 5 of this Act, the PNS and corresponding issuances of the Department; and
7. Conduct an information campaign to promote the use of biofuels.

Section 8. Creation of the National Bidfuel Board (NBB). -The National Biofuel Board is hereby created. It shall be composed of the Secretary of the DOE as Chairman and the Secretaries of the DTI, DOST, DA, DOF, DOLE, and the Administrators of the PCA, and the SRA, as members.

The DOE Secretary, in his capacity as Chairperson, shall, within one month from the effectivity of this Act, convene the NBB.

The Board shall be assisted by a Technical Secretariat attached to the Office of the Secretary of the DOE. It shall be headed by a Director to be appointed by the Board. The number of staff of the Technical Secretariat and the corresponding positions shall be determined by the Board, subject to approval by the Department of Budget and Management (DBM) and existing civil service rules and regulations.

Section 9. Powers and Functions of the NBB. - The NBB shall have the following powers and functions:

1. Monitor the implementation of, and evaluate for further expansion, the National Biofuel Program (NBP) prepared by the DOE pursuant to Section 7 (b) of this Act;
2. Monitor the supply and utilization of biofuels and biofuel-blends and recommend appropriate measures in cases of shortage of feedstock supply for approval of the Secretary of DOE. For this purpose:
1. The NBB is empowered to require all entities engaged in the production, blending and distribution of biofuels to submit reports of their actual and projected sales and inventory of biofuels, in a format to be prescribed for this purpose; and
2. The NBB shall determine availability of locally-sourced biofuels and recommend to DOE the appropriate level or percentage of locally-sourced biofuels to the total annual volume of gasoline and diesel sold and distributed in the country.
3. Review and recommend to DOE the adjustment in the minimum mandated biofuel blends subject to the availability of locally-sourced biofuel: Provided, That the minimum blend may be decreased only within the first four years from the effectivity of this Act. Thereafter, the minimum blends of five percent (5%) and two percent (2%) for bioethanol and biodiesel, respectively, shall not ,be decreased;
4. Recommend to DOE a program that will ensure the availability of alternative fuel technology for vehicles, engines and parts in consonance with the mandated minimum biofuel-blends, and to maximize the utilization of biofuels, including other biofuels;
5. Recommend to DOE the use of biofuel-blends in air transport taking into account safety and technical viability; and
6. Recommend specific actions to be executed by the DOE and other appropriate government agencies concerning the implementation of the NBP, including its economic, technical, environment and social impact.

Section 10. Security of Domestic Sugar Supply – Any provision of this Act to the contrary notwithstanding, the SRA, pursuant to its mandate, shall, at all times, ensure that the supply of sugar is sufficient to meet the domestic demand and that the price of sugar is stable.

To this end, the SRA shall recommend and the proper agencies shall undertake the importation of sugar whenever necessary and shall make appropriate adjustments to the minimum access volume parameters for sugar in the Tariff and Customs Code.

Section 11. Role of Government Agencies. - To ensure the effective implementation of the NBP, concerned agencies shall perform the following functions:

1. The DOF shall monitor the production and importation of biofuels through the Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC);
2. The DOST and the DA shall coordinate in identifying and developing viable feedstock for the production of biofuels;
3. The DOST, through the Philippine Council for Industry and Energy Research and Development (PCIERD), shall develop and implement a research and development program supporting a sustainable improvement in biofuel production and utilization technology. It shall also publish and promote related technologies developed locally and abroad;
4. The DA through its relevant agencies shall:
1. Within three months from the effectivity of this Act, develop a national program for the production of crops for use as feedstock supply. For this purpose, the Administrators of the SRA and the PCA, and other DA-attached agencies shall, within their authority, develop and implement policies supporting the Philippine Biofuel Program and submit the same to the Secretary of the DA for consideration;
2. Ensure increased productivity and sustainable supply of biofuel feedstocks. It shall institute a program that would guarantee that a sufficient and reliable supply of feedstocks is allocated for biofuel production; and
3. Publish information on available and suitable areas for cultivation and production of such crops.
5. The DOLE shall:
1. Promote gainful livelihood opportunities and facilitate productive employment through effective employment services and regulation;
2. Ensure the access of workers to productive resources and social protection coverage; and
3. Recommend plans, policies and programs that will enhance the social impact of the NBP.
6. The Tariff Commission, in coordination with the appropriate government agencies, shall create and classify a tariff line for biofuels and biofuel-blends in consideration of WTO and AFTA agreements; and
7. The local government units GUS) shall assist the DOE in monitoring the distribution, sale and use of biofuels and biofuel-blends.

Section 12. Prohibited Acts. - The following acts shall be prohibited

1. Diversion of biofuels, whether locally produced or imported, to purposes other than those envisioned in this Act;
2. Sale of biofuel-blended gasoline or diesel that fails to comply with the minimum biofuel-blend by volume in violation of the requirement under Section 5 of this Act;
3. Distribution, sale and use of automotive fuel containing harmful additives such as, but not limited to, MTBE at such concentration exceeding the limits to be determined by the NBB;
4. Noncompliance with the established guidelines of the PNS and DOE adopted for the implementation of this Act; and
5. False labeling of gasoline, diesel, biofuels and biofuelblended gasoline and diesel.

Section 13. Penal Provisions. - Any person, who willfully aids or abets in the commission of a crime prohibited herein or who causes the commission of any such act by another shall be liable in the same manner as the principal.

In the case of association, partnership or corporations, the penalty shall be imposed on the partner, president, chief operating officer, chief executive officer, directors or officers, responsible for the violation.

The commission of an act enumerated in Section 12, upon conviction thereof, shall suffer the penalty of one year to five years imprisonment and a fine ranging from a minimum of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00).

In addition, the DOE shall confiscate any amount of such products that fail to comply with the requirements of Sections 4 and 5 of this Act, and implementing issuances of the DOE. The DOE shall determine the appropriate process and the manner of disposal and utilization of the confiscated products. The DOE is also empowered to stop and suspend the operation of businesses for refusal to comply with any order or instruction of the DOE Secretary in the exercise of his functions under this Act.

Further, the DOE is empowered to impose administrative fines and penalties for any violation of the provisions of this Act, implementing rules and regulations and other issuances relative to this Act.

Section 14. Appropriations. - Such sums as may be necessary for the initial implementation of this Act shall be taken from the current appropriations of the DOE. Thereafter, the fund necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act.

Section 15. Implementing Rules and Regulations (IRR). - The DOE, in consultation with the NBB, the stakeholders and other agencies concerned, shall within three months from the effectivity of this Act, promulgate the IRR of this Act: Provided, That prior to its effectivity, the draft of the IRR shall be posted at the DOE website for at least one month, and shall be published in at least two newspapers of general circulation.

Section 16. Congressional Oversight Committee. - Upon the effectivity of this Act, a Congressional Committee, hereinafter referred to as the Biofuels Oversight Committee, is hereby constituted. The Biofuels Oversight Committee shall be composed of fourteen (14) members, with the Chairmen of the Committees on Energy of both Houses of Congress as co-chairmen. The Chairmen of the Committees on Agriculture and Trade and Industry shall be ex officio members. An additional four members from each House, to be designated by the Senate President and the Speaker of the House of Representatives, respectively. The minority shall be entitled to pro-rata representation but shall have at least one representative in the Biofuels Oversight Committee.

Section 17. Benefits of Biofuel Workers. - This Act shall not in any way result in the forfeiture or diminution of the existing benefits enjoyed by the sugar workers as prescribed under R.A. No. 6982, or the Sugar Amelioration Act of 1991, in case sugarcane shall be used as feedstock.

The NBB shall establish a mechanism similar to that provided under the Sugar Amelioration Act of 1991 for the benefit of other biofuel workers.

Section 18. Special Clause. - This Act shall not be interpreted as prejudicial to clean development mechanism (CDM) projects that cause carbon dioxide (CO2) and greenhouse gases (GHG) emission reductions by means of biofuels use.

Section 19. Repealing Clause. - The provisions of Section 148 (d) of R.A. No. 8424, otherwise known as Tax Reform Act of 1997, and all other laws, presidential decrees or issuances, executive orders, presidential proclamations, rules and regulations or parts thereof inconsistent with the provisions of this Act, are hereby repealed, modified or amended accordingly.

Section 20. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity ,of the other provisions hereof.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two newspapers of general circulation.

Approved: January 12, 2007

REPUBLIC ACT NO. 9366
AN ACT GRANTING PHILIPPINE CITIZENSHIP TO REV. FR. ULRICH SCHLECHT, SVD

Section 1. Rev. Fr. Ulrich H. Schlecht is hereby granted Philippines citizenship with all the rights, priveleges and prereogative appurtenant thereto.

Section 2. Upon the taking and registration of the oath of allegiance to the Republic of the Philippines before the Bureau of Immigration and the issuance to him of the Certificate of Naturalization, Rev. Fr. Ulrich H. Schlecht shall enter upon the full enjoyment of Philippine citizenship.

Section 3. This Act shall take effect upon its approval.

Approved: January 9, 2007.

REPUBLIC ACT No. 9225
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES

Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:

1. Those intending to exercise their right of surffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws;
2. Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath;
4. Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and
5. That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who:
1. are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
2. are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspaper of general circulation.

Approved: August 29, 2003

REPUBLIC ACT No. 9224
AN ACT RATIONALIZING THE EXCISE TAX ON AUTOMOBILES, AMENDING FOR THE PURPOSE THE NATIONAL INTERNAL REVENUE CODE OF 1997, AND FOR OTHER PURPOSES.

Section 1. Section 149 of the National Internal Revenue Code of 1997 is hereby amended to read as follows:

“Section 149. Automobiles. – There shall be levied, assessed and collected an ad valorem tax on automobiles based on the manufacturer’s or importer’s selling price, net of excise and value-added taxes, in accordance with the following schedule:

Net manufacturer’s price/Importer’s selling price	Rate
Up to P600 Thousand	2%
Over P600 Thousand to P1.1 Million	P12,000 + 20% of value in excess of P600 Thousand
Over P1.1 Million to P2.1 Million	P112,000 + 40% of value in excess of P1.1 Million
Over P2.1 Million	P512,000 + 60% of value excess of P2.1 Million

Provided, That the brackets reflecting the manufacturer’s price or importer’s selling price, net of excise and value-added taxes, will be indexed by the Secretary of Finance once every two (2) years if the change in the exchange rate of the Philippine peso against the United States (U.S) dollar is more than ten percent (10%) from the date of effectivity of this Act, in the case of initial adjustment and from the last revision date in the case of subsequent adjustments.

The manufacturer’s price or importer’s selling price, net of excise and value-added taxes, shall indexed by the full rate of the peso depreciation or appreciation, as the case may be.

Provided, further, That in case the change in the exchange rate of the Philippine peso against the U.S dollar is at least twenty percent (20%) at anytime within the two-year period reffered to above, the Secretary of Finance shall index the brackets reflecting the manufacturer’s price or importer’s selling price, net of excise and value-added taxes, by the full rate of the peso depreciation or appreciation, as the case may be.

As used in this Section –

1. Automobile shall mean any four (4) or more wheeled motor vehicle regardless of seating capacity, which is propelled by gasoline, diesel, electricity or any other motive power: Provided, That for purposes of this Act, buses, trucks, cargo vans, jeeps/jeepneys/jeepney substitutes, single cab, chassis, and special-purpose vehicles shall not be considered as automobiles
2. Truck/cargo van shall mean a motor vehicle of any configuration that is exclusively designed for the carriage of goods and with any number of wheels and axles. Provided, That pick-ups shall not be considered as trucks.
3. Jeep/jeepneys/jeepney substitutes shall mean as "Philippine jeep or jeepney" which are of the jitney type locally designed and manufactured generally from surplus parts and components. It shall also include jeepney substitutes that are manufactured from brand-news single cab chassis or cowl chassis and locally customized rear body that has continuous sideway row seats with open rear door and without retractable glass windows.
4. Bus shall mean a motor vehicle of any configuration with gross vehicle weight of 4.0 tons or more with any number of wheels and axles, which is generally accepted and specially designed for mass or public transportation.
5. Single cab chassis shall mean a motor vehicle with complete engine power train and chassis equipped with a cab that has a maximum of two (2) doors and only (1) row of seats.
6. Special purpose vehicle shall mean a motor vehicle designed for specific application such as cement mixer, fire truck, boom truck, ambulance and/or medical unit, and off-road vehicles for heavy industries and not for the recreational activities.

Provided. That in the case of imported automobiles not for sale, the tax imposed herein shall be based on the total landed value, including transaction value, customs duty and all other charges.

Automobiles used exclusively within the freeport zones shall be exempt from excise tax.

Section 2. Rules and Regulations - The Secretary of Finance, upon the recommendation of the Commissioner of Internal Revenue shall promulgated the necessary rules and regulation for the effective implementation of the provision of the provisions of this Act within thirty (30) days from the date of approval.

Section 3. Separablitiy Clause - If any provision of this Act is held unconstitutional or invalid, all other provisions not affected thereby shall remain valid.

Section 4. Repealing Clause - All laws, decrees, executive order, letters of instruction, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly:

Section 5. Effectivity Clause - This Act shall take effect fifteen (15) days after the publication of the approved implementing ruled and regulations.

Approved: August 29, 2003

REPUBLIC ACT No. 9211
AN ACT REGULATING THE PACKAGING, USE, SALE DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES

Section 1. Short Title - This Act shall be known as the “Tobacco Regulation Act of 2003.”

Section 2. Policy - it is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the Interests of the workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale, and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interest of tobacco farmers, growers, workers and stakeholders are not adversely compromised.

Section 3. Purpose - It is the main thrust of this Act to:

1. Promote a healthful environment;
2. Inform the public of the health risks associated with cigarette smoking and tobacco use;
3. Regulate and subsequently ban all tobacco advertisements and sponsorships;
4. Regulate the labeling of tobacco products;
5. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors;
6. Assists and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and
7. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provision of this Act.

Section 4. Definition of Terms - As used in this Act:

1. “Advertisement” - refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but no limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as tobacco advertisement.
2. “Advertising” - refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumers products, services or credit.

   For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer’s names;

3. “Advertiser” - refers to a person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and operated for the purpose of counseling or creating and producing and/or implementing advertising program in various forms of media;
4. “Cigarette” - refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use;
5. “Distributor” - refers to any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer or common carrier of such product;

“Mass Media” - refers to any medium of communication designed to reach a mass of people. For this purposes, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited to, radio, television, cable television, and cinema; electronic media such as but not limited to the internet;

6. “Minor” - refers to any person below eighteen (18) years old;
7. “Manufacturer” - refers to any person entity, including a re-packer, who makes, fabricates, assembles, processes, or labels a finished product;
8. “Package” - refers to pack, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers;
9. “Persons” - refers to an individual, partnership, corporation or any other business or legal entity;
10. “Point-of-sale” - refers to any location at which an individual can purchase or otherwise obtain tobacco products;
11. “Promotions” - refers to an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing the brand names, tradenames, logos, etc. In movies, television and other forms of entertainment. For the purpose of thus Act, promotion shall be understood as tobacco promotion;
12. “Public Conveyance” - refers to mode of transportation servicing the general population such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;
13. “Public Places” - refer to enclose or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and building such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like’
14. “Retailer” - refers to any person who or entity that sells tobacco products to individuals for personal consumption;
15. “Smoking” - refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhale or smoked;
16. “Sponsorship” - refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship;
17. “Tobacco” - refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;
18. “Tobacco Products” - refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall apply to other tobacco products;
19. “Tobacco Grower” - refers to any person who plants tobacco before the enactment of this Act and classified as such by the national Tobacco Administration (NTA); and
20. “Warning” - refers to the notice printed on the tobacco product or its container and/or displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use;

HEALTHFUL ENVIRONMENT

Section 5. Smoking in Public Places - Smoking shall be absolutely prohibited in the following public places:

1. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old;
2. Elevator and stairwells;
3. Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
4. Within the buildings and premises of public and private hospitals. Medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
5. Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas; and
6. Food preparation areas.

Section 6. Designated Smoking And Non-Smoking Areas - In all enclosed places that are open to the general public, private workplaces, and other places not covered under the preceding section, where smoking may expose a person to the other than the smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such places shall establish smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the Information and guidance of all concerned. In addition, the sign or not posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NO SMOKING AREA” or “NO SMOKING”.

ACCES RESTRICTIONS

Section 7. Vending Machines, Self-Service Facilities - unless the vending machine has a mechanism for age verification, the sale or distribution of tobacco products to minors by means of a vending machine or any self-service facility or similar contraption or device is prohibited, except at point-of-sale establishments.

Section 8. Retailer Compliance With Respect To Self-Service Facilities. - Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items that are located in the establishment of the retailer and that do not comply with the requirements of this Act are removed or are brought into compliance with the requirements of this Act.

Section 9. Minimum Age Sales - Under this Act, It shall be unlawful:

1. For any retailer or tobacco products to sell or distribute tobacco products to any minor;
2. For any person to purchase cigarettes or tobacco products from a minor;
3. For a minor to sell or buy cigarettes or any tobacco products; and
4. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or distributing that he/she did not know or was aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.

Section 10. Sale of Tobacco Products Within School Perimeters - The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by minors.

Section 11. Sinage - Point-of-Sale establishments offering, distributing or selling tobacco products to consumers, shall post the following statement in a clear and conspicuous manner: “SALE/DISTRIBUTION TO OUR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or ” IT IS LAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE”.

Section 12. Proof Of Age Verification - In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid from of photographic identification containing the date of birth of the bearer, that no individual purchasing a tobacco is below eighteen (18) years of age.

ADVERTISING AND PROMOTIONS

Section 13. Warning On Cigarette Packages - Under this Act:

1. All packages in which tobacco products are provided to consumers withdrawn from the manufacturing facility of all manufacturers or imported into the Philippines intended for sale to the market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis o separately and simultaneously, the following health warnings:
• “GOVERNMENT WARNING; Cigarette are Addictive”;
• “GOVERNMENT WARNING; Tobacco Can harm your Children”; or
• “GOVERNMENT WARNING; Smoking Kills.”
2. Upon effectivity of this Act until 30June 2006, the health warning shall be located on one side panel of every tobacco product package and occupy not less than fifty percent (50%) of such side panel including any border of frame.
3. Beginning 1 July 2006, the health warning shall be on the bottom portion of one (1) front panel of every tobacco product package and occupy not less than thirty percent (30%) of such panel including any border or frame. The text of the warning shall appear in clearly legible type in black text on a white background with a black border and in contrasts by typography; layout or color to the other printer materials on the package. The health warning shall occupy a total area of less than fifty percent (50%) of the total warning frame.
4. The warning shall be rotated periodically, or separately and simultaneously printed, so that within any twenty-four (24) month period, the four (4) variations of the warnings shall appear with proportionate frequency.
5. The warning shall not be hidden or obscured by other printed information or images, or printed in a location where tax or fiscal stamps are likely to be applied to the package or placed in a location where it will be damaged when the package is opened. If the warning to be printed on the package is likely to be obscured or obliterated by a wrapper on the package, the warning must be printed on both the wrapper and the package.
6. In addition to the health warning al packages of tobacco products that are provided to consumers shall contain, on one side panel the following statement in a clear, legible and conspicuous manner; “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.” The statement shall occupied an area of not less than ten percent (10%) of such side panel and shall appear in contrast by color, typography or layout with all the other printed material on the side panel.
7. No other printed warnings, except the health warning and the message required in this Section, paragraph F shall be placed on cigarette packages.

Section 14. Warning On Advertising - Under this Act:

1. All tobacco advertising in mass media shall contain either in English or Filipino, the following health warning; “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health.”
2. For print and outdoor advertisement, the warning frame shall be centered across the bottom of the advertisement and occupy a total area of not less than fifteen percent (15%) of such advertisement including any border or fame. The text of the health warnings shall be clearly visible and legible, printed in a prominent color as approximate and shall appear in contrast by color, typography or layout with all other printed material in the advertisement. The warning shall not be hidden or obscured by other printed information or images in the advertisement.
3. For television and cinema advertisements, the warning shall be clearly shown and voiced over in the last five (5) seconds of the advertisement, regardless of the duration of the advertisement, even when such advertisement is silent. The health warning shall occupy a total area of not less than fifty percent (50%) of the television screen and shall be clearly visible, legible, and audible, in black text on white background or white text on black background. No other images except in writing shall be included in the warning frame.
4. For radio advertisement, the warnings stated after the advertisement shall be clearly and audibly voiced over in the last five (5) seconds of the advertisement, regardless of its duration.

Section 15. Restrictions On Advertising - The following restrictions shall apply to all tobacco advertising:

1. Advertisement shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.
2. Advertisement shall not feature a celebrity or contain an endorsement, implied or express by a celebrity.
3. Advertisement shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.
4. Advertisement shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public.

Section 16. Restrictions on Print Media Advertising - The following restrictions shall apply to all print media tobacco advertisements:

1. Advertisements shall not be placed in any printed publication unless there is a reasonable basis to believe that at least seventy-five percent (75%) of the readers of such publication are eighteen (18) years of age and above, and the number of youth who read it constitutes less than ten percent (10%) of all youth in the Philippines.
2. Advertisements shall not be placed on the packaging or outside covers (front and back) of a magazine, newspaper, journal or other publication printed for general circulation.

Section 17. Restrictions on Outdoor Advertising - The following restrictions shall apply to all print media tobacco advertisements:

1. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or stations which are within the one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by persons below eighteen (18) years of age.
2. Outdoor advertisements shall not, either individually or when placed indeliverate combination with other outdoor tobacco advertising, exceed seventy (70) square meters in total size.
3. Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance or in stations, terminals or platforms thereof, except point-of-sale establishments.

Section 18. Restrictions on Advertising In Cinemas - Tobacco advertisements are prohibited in connection with the showing of any film where persons below eighteen (18) years old are permitted admission

Section 19. Restrictions on Television - Advertisements shall not be broadcast on television, cable television, and radio between seven o’ clock in the morning and seven o’ clock at night.

Section 20. Restriction on Advertising In Audio, Video And Computer Cassettes/discs And Similar Medium - No electronic advertisements shall be incorporated within any video or audio cassette, videogame machine, optical disc or any similar medium, unless access to the item is restricted to persons eighteen (18) years of age or older. For the purpose of this Section, video game includes any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or monitor that interacts with the user of the device.

Section 21. Restrictions on Advertising On The Internet And Similar Medium - Advertisement are prohibited on the internet and other similar medium unless that Internet site is restricted to persons eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the persons has established that he or she is at least eighteen (18) years old. This limitation applies to commercial communications and shall not prevent the use of company Internet websites to provide information regarding a company, its products and smoking and health related information. This Section shall prohibit business-to-business transactions conducted on the Internet, and other similar medium between tobacco manufactures, retailers and distributors.

Section 22. Ban On Advertisements - Beginning 1 January 2007, all tobacco advertising on television, cable television and radio shall be prohibited.

Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials be posted, except inside the premises of point-of-sale retail establishments.

Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited except tobacco advertisements placed inside the premises of point-of sale establishments.

Section 23. Restrictions on Tobacco Promotions - The following restrictions shall apply on all tobacco promotions.

1. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age.
2. Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco advertising. In addition to the required health warning, the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers.
3. All stalls, booths and other display concerning tobacco promotions must be limited to point-of-sale of adult only facilities.
4. Telephone Communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings specified in this Act.
5. No placement shall be made by manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program or motion picture produced for viewing by the general public or in a video, or optical disc or on video game machine.
6. The name, logo or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, of other smoking related items. If such name, logo or other indicia of the cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings specified in this Act.
7. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly, with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only.
8. No name, logo or other indicia of a cigarette brand or element of a brand-related marketing activity, may appear on items that are marketed to or likely to be used by minors such as but not limited to sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to prevent third parties from using the company’s brand names. Logos or other proprietary material on products that are directed toward minors.
9. No tobacco advertisements may be placed on shopping bags.

Section 24. Naming Rights. - Subject to the provision of this Act:

1. No manufacturer may enter into any agreement pursuant to which payment is made or other consideration is provided by such manufacturer to any sports league, or any team involved in any such league, in exchange for use of tobacco products brand.
2. No manufacturer may enter into any agreement for the naming rights of any stadium or arena using a tobacco product brand name or otherwise cause a stadium or arena to be name with such a brand name.

Section 25. Restrictions on Sponsorships. Beginning 1 July 2006:

1. No sponsorship shall be provided for:
1. an event or activity which bears a tobacco product brand name, unless there is reasonable basis to believe that all persons who compete, or otherwise taken an active part, in the sponsored events or activities, are person eighteen (18) years of age or older;
2. a team or individual bearing a tobacco product name, unless all persons under eighteen (18) years of age or older;
3. a sponsored event or activity reasonably believed to be particular appear to persons under eighteen (18) years old.
2. Tobacco brand sponsorship shall be prohibited except where there is a reasonable basis to believe that:
1. attendance at the sponsored event or activity will comprise no less than seventy-five percent (75%) persons at least eighteen years of age or older;
2. the sponsored event or activity will not be of particular appeal to persons under eighteen (18) years old;
3. the sponsored event or activity will not receive exposure, other than as a news item, on television or radio or the Internet, unless such exposure complies with the provisions of this Act governing tobacco marketing through those media; and
4. the principal activity associated with the sponsorship does not require above-average physical fitness for someone of the age group of those taking part.
3. All persons authorized to bear tobacco product advertisement, logos and brand names at sponsored events shall be at least eighteen (18) years old.
4. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.

Section 26. Ban on Sponsorships. - Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural art or event, as well as individual and team athletes, artists, or performers where such sponsorship shall required or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product; Provided further, That no manufacturer may register a tobacco brand name as a company name after the passage of this Act.

Section 27. Restriction on Sampling. - The distribution of samples of tobacco products to persons below eighteen (18) years old is prohibited.

Section 28. Legal Action. - Any legal action in connection with the tobacco industry shall be governed by the provisions of the Philippine Civil Code and other applicable laws.

IMPLEMENTING AGENCY AND APPLICATION

Section 29. Implementing Agency. - An Inter-Agency Committee- Tobacco (IAC-Tobacco), which shall have the exclusive power and function to administer and implement the provisions of this Act, is hereby created. The IAC-Tobacco shall be chaired by the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco shall have the following members:

1. Secretary of the Department of Agriculture (DA);
2. Secretary of the Department of Justice (DOJ);
3. Secretary of the Department of Environment and Natural Resources (DENR);
4. Secretary of the Department of Science and Technology (DOST);
5. Secretary of the Department of Education (DepEd);
6. Administrator of the National Tobacco Administration (NTA);
7. A representative from the Tobacco Industry to be nominated by the legitimate and recognized associations of the industry; and
8. A representative from a nongovernment organization (NGO) involved in public health promotion nominated by DOH in consultation with the concerned NGO’s;

The Department Secretaries may designate their Undersecretaries as their authorized representatives to the IAC.

Section 30. Application to Tobacco Products - This provision of this Act shall apply to all tobacco products placed into commerce in the Philippines. Except as provided below, no provision of this Act shall apply to tobacco products intended or offered by the manufacturer for export and not for (retail) sale in the Philippines.

Tobacco products intended or offered for export shall be subject only to the requirement that the shipping container shall be prominently marked on the outside “Export Only”: Provided, that tobacco products which are marked for export, but are sold/traded or distributed in the Philippine market, shall be subject to immediate confiscation and destruction.

Section 31. Compliance Monitoring - Not later than one (1) year after the date of the effectivity of this Act, and annually thereafter, the IAC-Tobacco shall submit to the President of the Philippines and to both Houses of Congress a Compliance Monitoring Report on the compliance of the manufacturers on all applicable laws and ordinances with respect to the manufacture and distribution of tobacco products.

The report shall contain pertinent information on the methods, goals and implementation program of said manufacturers with respect to the requirements of this Act.

Section 32. Penalties - The following penalties shall apply:

1. Violation of Sections 5 and 6. - On the first offense, a fine of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00) shall be imposed.

   On the second offense, a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00) shall be imposed.

   On the third offense, in addition to a fine of not less than Five Thousand Pesos (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled or revoked.

2. Violation of Sections 7,8,9, 10 and 11 - On the first offense, any person or any business entity or establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor shall be fined the amount of not less than Five Thousand Pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days, upon the discretion of the business licenses or permits in the case of a business entity or establishment.

   If the violation is by establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be liable for the offense.

   If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as amended, shall apply.

3. Violation of Section 13 to 27 - On the first offense, a fine of not more than One Hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the court shall be imposed.

   On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not more than two (2) years, or both, at the discretion of the court shall be imposed.

   On the third offense, in addition to a fine of not more than Four Hundred thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years, or both at the discretion of the court, the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.

In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be liable.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.

PROGRAMS AND PROJECTS

Section 33. Programs and Projects - For a period not exceeding five (5) years, the National Government and the concerned departments and agencies shall provide the following programs and projects:

1. Tobacco Grower’s Assistance Program - This program shall be utilized to support financially the tobacco farmers who may be displaced due to the implementation of this Act has voluntarily ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and substantial evidence that:
1. He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;
2. He or she belongs to the tobacco producing provinces;
3. He or she has certificate of eligibility to apply issued by the local government Unit and the NTA; and
4. He or she has ceased to plant tobacco for the next preceding season after the enactment of this Act.
2. Tobacco Growers Cooperative.- This program shall promote cooperative programs to assist tobacco farmers in developing alternative farming systems, plant alternative crops and other livelihood projects. The requirements of subsection (a) shall likewise apply.
3. National Smoking Cessation Program - A National Smoking Cessation Program shall be undertaken with the approval of the IAC-Tobacco. The implementing rules and guidelines to reinforce this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months after the effectivity of this Act.
4. Research and Development Program - The IAC-Tobacco shall establish a research and develop a program to be spearheaded by the NTA in cooperation with the DOST, which will undertake studies concerning technologies and methods to reduce the risk of dependence and injury from tobacco product usage and exposure, alternative uses of tobacco and similar research programs.
5. National Tobacco-Free Public Education Program.- State Universities and Colleges and technical and Vocational Schools shall provide scholarships programs to defendants of tobacco growers for which the administrator of the NTA shall provide implementing rules and guidelines. The guidelines shall be submitted to the IAC- Tobacco within three (3) months after the effectivity of this Act.
6. Displaced Cigarette Factory Workers’ Assistance Program.- The Secretary of Labor and Employment with the concurrence of the IAC-Tobacco shall establish a program to assist displaced terminated/ separated or retrenched cigarette factory workers as result of the enactment of the Act. The Secretary of Labor in coordination with the NTA and DTI shall provide the rules as guidelines to effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the effectivity of this Act.
7. Health Programs.- The IAC-Tobacco, in consultation with DOH, shall be responsible for awarding grants to all medical institutions for the purpose of planning, carrying out, and evaluating activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and President of the Philippines the annual report of expenditures related to this program.
8. Withdrawal Clinics.- The DOH shall establish smoking withdrawal clinics to provide counseling regarding the hazardous health effects of tobacco/ cigarette smoking and to rehabilitate smokers form the hazardous effects of such products.

If a smoker-minor voluntarily submits himself for treatment, counseling or rehabilitation in smoking withdrawal clinic located in any medical institution in the Philippines, or through the parents/ guardian, the expenses incurred shall be reimbursable outpatient service of the Philippine Health Insurance Corporation.

INFORMATION PROGRAM

Section 34. Informative Drive. - Consistent with the provisions of this Act, the DOH shall, in cooperation with the DepEd and with the assistance of the Philippine Information Agency (PIA), undertake a continuous information program on the harmful effects of smoking.

The DOH shall enlist the active participation of the public and private sectors in the national effort to discourage the unhealthy habit of smoking.

Section 35. Instructions on the Hazardous Effect of Smoking as Part of School Curricula. - Instruction on the adverse effects of cigarette tobacco smoking, including their health, environmental and economic implications, shall be integrated into the existing curricula of all public and private elementary and high schools.

The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry out the abovestated policy hereof, and, with, the assistance of the Secretary of Health, and with the approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy effects of smoking to students and the general public.

MISCELLANEOUS PROVISIONS

Section 36. Congressional Oversight Committee on Tobacco. - a Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to monitor and review the implementation of this Act for a period not exceeding three (3) years. The COC-tobacco shall be composed of the Chairpersons of the Senate Committee on Health , Trade and Commerce, Agriculture and Public Information and the House of Representative Committees on Trade and Industry, Health, Public Information and Agriculture and a Member of the House of representatives representing the tobacco producing provinces, to be nominated by all the Members of the House of Representatives from tobacco producing districts.

The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the standing committees comprising the Congressional Oversight Committee and its funding requirements shall be charged against the appropriations of both the House of Representatives and the Senate of the Philippines.

Section 37. Implementing Rules. - The IAC-Tobacco shall promulgate such rules and regulations necessary for effective implementation of this Act within six (6) months from the date of publication of this Act. The said rules and regulations shall submitted to the COC- Tobacco for its review. The COC-Tobacco shall approve the implementing rules and regulations within thirty (30) working days of receipt thereof: Provided, That in the event the implementing rules and regulations are not promulgated within the specified period, the specific provisions of this Act shall immediately be executory.

Section 38. Appropriations. - The amount necessary to implement the provisions of this Act shall be charged against the current year’s appropriations of the concerned national government agencies. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the budgets of the concerned national government agencies under the annual General Appropriations Act.

Section 39. Repealing Clause. - DOH Administrative Orders No. 10 s. 1993 and No. 24 s. 1993 are hereby repealed. Article 94 of Republic Act No. 7394, as amended, otherwise known as the Consumer Act of the Philippines, is hereby amended.

All other laws, decrees, ordinances, administrative orders, rules and regulations, or any part thereof, which are consistent with this Act are likewise repealed or amended accordingly.

Section 40. Separability Clause. - Should any provisions of this Act be subsequently declared unconstitutional, the other provisions not so declared shall remain in full force and effect.

Section 41. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette and at least two (2) newspapers of national circulation.

Approved: June 23, 2003

REPUBLIC ACT No. 9176
AN ACT EXTENDING THE PERIOD UNTIL DECEMBER 31, 2020 FOR THE FILING OF APPLICATIONS FOR ADMINISTRATIVE LEGALIZATION (FREE PATENT) AND JUDICIAL CONFIRMATION OF IMPERFECT AND INCOMPLETE TITLES TO ALIENABLE AND DISPOSABLE LANDS OF THE PUBLIC DOMAIN, AMENDING FOR THIS PURPOSE COMMONWEALTH ACT NUMBERED 141, AS AMENDED, OTHERWISE KNOWN AS THE PUBLIC LAND ACT

Section 1. Section 45, Chapter VII of Commonwealth Act No. 141, as amended, is hereby further amended to read as follows:

“Section 45. The President of the Philippines, upon recommendation of the Secretary of Environment and Natural Resources, shall from time to time fix by proclamation the period within which applications for free patents may be filed in the Community Environment and Natural Resources Office or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President, all the lands comprised within such district, chartered city, province, municipality or region subject thereto under the provisions of this chapter may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond 31 December 2020: Provided, that the period shall apply only when the area applied for does not exceed twelve (12) hectares. The period fixed for any district, chartered city, province or municipality shall take effect thirty (30) days after the publication of the proclamation in one (1) newspaper of general circulation in the city, province or municipality concerned. A certified copy of said proclamation shall be furnished by the Secretary of Environment and Natural Resources within thirty (30) days counted from the date of the presidential proclamation to the Community Environment and natural Resources office and to the provincial board and municipal board or city council and barangay council affected, and copies thereof shall be posted on the bulletin board of the Community Environment and Natural Resources Office and at such conspicuous places in the provincial capitol. It shall moreover be announced and aired over the government station in the concerned local area.”

Section 2. Section 47, Chapter VIII of the same ACT, as amended, is hereby further amended to read as follows:

“Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several periods of time designated by the President in accordance with Section Forty-Five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior to the period fixed by the President.

Section 3. All pending applications filed before the effectivity of this amendatory Act shall be treated as having been filed in accordance with the provisions of this Act.

Section 4. Repealing Clause - All laws, decrees, executive orders, executive issuance or letters of instruction, rules and regulations, or any part thereof, inconsistent with or contrary to the provisions of this Act, are hereby deemed repealed, amended or modified accordingly.

Section 5. Separably Clause - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts or provisions thereof not affected thereby shall continue to be in full force and effect.

Section 6. Effectivity Clause - This Act shall take effect fifteen (15) days after its publication in two(2) national newspaper of general circulation.

REPUBLIC ACT No. 9187
AN ACT DECLARING JUNE 30 OF THE YEAR AS PHILIPPINE SPANISH FRIENDSHIP DAY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Declaration of Policy – it is the policy of the State to strengthen the relationship between the Philippines and countries with which it has shared history, values and traditions.

June 30 is a day when President Emilio Aguinaldo commended the besieged Spanish soldiers in the Church of Baler for their loyalty and gallantry. To mark this momentus occasion, there is a need to declare said day a national holiday to remember the act of benevolence which has paved the way in bridging better relations between Philippines and Spain.

Section 2. Philippine-Spanish Day – The Thirtieth of June of each year is hereby declared as Philippine-Spanish Friendship Day to commemorate the cultural and historical ties, friendship and cooperation between the Philippines and Spain. It is hereby declared as a national special working holiday and a special non-working holiday in Aurora Province.

Section 3. Implementation – The National Historical Institute (NHI) shall be responsible for the implementation of this Act. For this purpose, it shall formulate and issue the implementing ruled and regulations necessary for the proper implementation of this Act.

Section 4. Inter-Agency Committee – An Inter-agency Committee (Committee) tasked to organize activities in commemoration of Fil-Hispano Day is hereby created, composed of the Secretary of Foreign Affairs as Chairman, the Executive Director of the National Historical Institute and the Mayor of Baler, Aurora as Co- Vice Chairmen, and an Undersecretary of the Department of Education, Undersecretary of the Department of Tourism and one (1) representative each from the National Commission for Culture and the Arts and the University of the Philippines History Department, as members. The Philippine Ambassador to Spain and the Spanish Ambassador to the Philippines shall also be ex officio members of the committee.

Section 5. Appropriations - An annual budget for the celebration of the Fil-Hispano Day in the amount of Fifteen million pesos (Php 15, 000,000.00) shall be included in the General Appropriations Act of the year following its enactment into law, thirty percent (30%) of which shall be devoted exclusively for research and development. Thereafter, the expenses for its continued implementation shall be included in the subsequent General Appropriations Act.

Section 6. Separably Clause – If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions not affected thereby shall remain valid and effective.

Section 7. Repealing Clause – All laws, presidential decrees, executive orders, rules and regulations, or any part thereof, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 8. Effectivity - This law shall take effect within fifteen (15) days from publication in the Official Gazette or two (2) newspaper of general circulation.

REPUBLIC ACT NO. 9164
AN ACT PROVIDING FOR SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES

Section 1. Date of Election. – There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October and every three (3) years thereafter.

Section 2. Term of Office. –The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years.

No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, That the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.

Section 3. Registration. – For purposes of the July 15, 2002 synchronized barangay and sangguniang kabataan elections provided under this Act, a special registration of voters for the sangguniang kabataan shall be fixed by the Commission on Elections (COMELEC). Subsequent registration of barangay and sangguniang kabataan voters shall be governed by Republic Act No. 8189.

Section 4. Assumption of Office. – The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002. The term of office of the barangay and sangguniang kabataan officials elected in subsequent elections shall commence at noon of November 30 next following their election.

Section 5. Hold Over. – All incumbent barangay officials and sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified. The provisions of the Omnibus Election Code relative to the failure of elections and special elections are hereby reiterated in this Act.

Section 6. Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:

"Section 424. Katipunan ng Kabataan. – The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary."

Section 7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:

"Section 428. Qualifications. – An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude."

Section 8. Appropriation. – The amount of one billion one hundred million pesos (P1,100,000,000.00) needed for the purpose shall be charged from the appropriation of the COMELEC authorized under Republic Act No. 9162, otherwise known as the FY 2002 General Appropriations Act.

In addition, the savings of the COMELEC not exceeding three hundred million pesos (P300,000,000.00) shall be used to augment said appropriations as authorized under COMELEC Special Provision No. 2 of the Republic Act No. 9162.

The funds mentioned above may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532 (c) of Republic Act No. 7160.

Section 9. Applicability of Other Election Laws. – The Omnibus Election Code and other existing election laws, as far as practicable, shall apply to barangay and sangguniang kabataan elections.

Section 10. Implementing Rules and Regulations. The COMELEC shall promulgate such rules and regulations necessary to implement this Act.

Section 11. Separability Clause. – If any provision of this Act is declared unconstitutional or invalid, such sections or parts not affected thereby shall remain in full force and effect.

Section 12. Repealing Clause. – All decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 13. Effectivity Clause. – This Act shall take effect seven (7) days after its complete publication in two (2) newspapers of general circulation.

Approved: March 19, 2002