AN ACT PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING, AND USE OF CHEMICAL WEAPONS, PROVIDING FOR THEIR DESTRUCTION, IMPOSING PENALTIES FOR VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR

[ REPUBLIC ACT NO. 12174, April 15, 2025 ]

AN ACT PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING, AND USE OF CHEMICAL WEAPONS, PROVIDING FOR THEIR DESTRUCTION, IMPOSING PENALTIES FOR VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Chemical Weapons Prohibition Act".

Section 2. Declaration of Policy. - The State, consistent with national interest, adopts and pursues a policy of freedom from chemical weapons in its territory and protection of human life and the global environment from the effects of chemical weapons, in conformity with its obligations under the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on their Destruction, known as the "Chemical Weapons Convention" (the Convention), to which the Philippines is a State Party.

Towards this end, the State shall not, under any circumstance, develop, produce, manufacture, acquire, posses, stockpile, retain, or use chemical weapons, or engage in any other activities prohibited under the Convention, and shall prohibit all persons from engaging in such activities.

Section 3. Definition of Terms. - As used in this Act:

Toxic chemicals which have been identified for the application of verification measures by the OPCW are listed in the scheduled chemicals in the Convention's Annex on Chemicals. Unless a contrary intention appears, an expression or term that is used both in this Act and the Convention but is not defined in this Act, shall have the same meaning provided in the Convention. Verification Annex means the Convention's Annex on Implementation and Verification.

Section 4. National Authority. - The Anti-Terrorism Council (ATC) is hereby designated as the Philippine national authority on the Chemical Weapons Convention.

The ATC shall serve as the national focal point for effective liaison with the OPCW and other State Parties to fulfill the country's commitments under the Convention, including the preparation and submission of annual declarations on scheduled chemicals and facilities.

The Anti-Terrorism Council-Program Management Center (ATC-PMC) shall act the secretariat.

Section 5. Functions. - The ATC, acting as national authority, shall:

The ATC may require the assistance and support of all departments, bureaus, offices, agencies, or instrumentalities of the government, including government-owned or -controlled corporations to effectively perform its duties and functions under this Act.

The ATC shall periodically update the list of scheduled chemicals in Schedules 1, 2 and 3 of the Convention's Annex on Chemicals upon the request or advice of the OPCW. Such updates shall be in the form of formal resolutions of the ATC to be published in the Official Gazette or in a newspaper of general circulation before they become effective.

CHAPTER II
PROHIBITIONS

Section 6. Prohibitions. - The following are prohibited under this Act:

Nothing in this Act shall be construed to prohibit the AFP from using non-lethal or lethal weapons other those prohibited in this Act, in the conduct of combat operations for the suppression of insurgency and other serious threats to national security where the use of such non-lethal or lethal weapons is deemed most appropriate.

CHAPTER III
PENALTIES

Section 7. Penalties. -

The partner, president, director, manager, trustee, administrator, or officer of a partnership, corporation, association, or any other juridical entity who consents to, knowingly tolerates or, due to negligence, fails to prevent the commission of a violation of this Act shall be held criminally liable.

In addition to the payment of fine by the partnership, corporation, association, or juridical entity, its registration and license to operate with the Securities and Exchange Commission (SEC) or the DTI, as the case may be, shall be cancelled and revoked permanently, as ordered by the Court, without prejudice to imposition of sanctions pending trial.

Foreigners found guilty of committing any offense punishable herein shall, in addition to the penalties prescribed under this Act, be deported immediately without further proceedings after the service of sentence and permanently barred from entering the country.

A government official or employee found guilty of committing any of the offenses punishable under this Act shall suffer absolute perpetual disqualification from any public office, and the maximum penalty provided in this Act.

Persons who conspire to commit any of the prohibited acts under Section 6 hereof shall be punished by the same penalty prescribed herein.

Persons who are found guilty of committing any offense punishable herein shall not be subject to probation under Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", as amended by Republic Act No. 10707.

Section 8. Forfeiture. - After inventory, satisfactory documentation, and confirmatory testing, chemical weapons found anywhere in the territory or in any other place under the jurisdiction of the Philippines, as well as the fruits and proceeds of the offense, shall be forfeited in favor of the national government through the ATC, and shall be destroyed or disposed at specifically designated and appropriately designed and equipped facilities.

Any chemical weapon discovered in the territory of the Philippines shall be reported to the OPCW by the ATC in accordance with the provisions of Part IV(A) of the Convention;s Verification Annex: Provided, That the facility, warehouse, or place where the chemical weapons are being stored and produced and such other instruments thereon shall be subject to forfeiture after conviction.

The ATC shall initiate and oversee the process of forfeiture.

Section 9. Custody, Containment and Disposal of Confiscate and Seized Chemical Weapons. - The immediate disposal; of seized chemical weapons shall be given utmost priority. The BFP shall exert all efforts in containing the effects of chemical weapons in accordance with its powers and functions under Section 3(b) of Republic Act No. 11589, otherwise known as the "Bureau of Fire Protection Modernization Act". The AFP shall take charge and have custody of all chemical weapons confiscated, seized, and/or surrendered in the following manner:

Section 10. Destruction. - The transportation, storage, destruction and disposal of chemical weapons shall be conducted by the AFP under stringent security measures. The procedure for the destruction and disposal of chemical weapons shall be established in coordination with the Department of Environment and Natural Resources (DENR), Department of Science and technology (DOST), and Department of Health (DOH), and its conduct shall be witnessed by the ATC and OPCW representatives to ensure safe and secure disposal compliant with environmental, health, and safety standards, and consistent with our commitments under the Convention. A report on the destruction and disposal shall be submitted to the ATC.

The cost of destruction and disposal of any chemical weapon shall be borne by the erring person.

In the destruction of chemical weapons, the highest priority shall be given to ensuring the safety of the people and the protection of the environment through methods that comply with national and international safety and emissions regulations: Provided, That the ATC, DOH, DOST, and other concerned agencies shall issue guidelines in determining the proper destruction sites: Provided, further, That prior notification shall be given to the local government unit where the destruction site is situated.

Open-pit burning, land burial, or dumping of chemical weapons in any body of water as a mean of disposing the same are hereby prohibited.

Section 11. Extraterritorial Application. - The provisions of this Act shall apply to all persons within or outside the Philippines and persons on board vessels and aircraft registered in, belonging to, or in possession of the Philippines, if any of the prohibited acts is committed -

CHAPTER IV
DECLARATION AND INSPECTION

Section 12. Declarations. -

The records and reports under paragraph (b) (1) to (4) herein must satisfy the requirements of the ATC to ensure that the Convention and the provisions of this Act and any regulation made under this Act are being complied with.

Section 13. Inspection. - The ATC shall issue a certificate to every member of the OPCW inspection team, containing the bearer's name, status, authority to conduct inspections, applicable privileges, and any other information and conditions applicable to the person's inspection activities. Every international inspector shall present the certificate to the person-in-charge.

Inspections, with the purpose of verifying the accuracy of the declarations submitted, shall be conducted with the consent of the person-in-charge of the facility or under a warrant issued by the courts, and shall be done at any reasonable time and consistent with the provisions of the Convention. An inspection shall also be conducted when an investigation has been initiated.

No inspection of a facility or any location pursuant to the Convention shall take place without the authorization of the ATC.

Any foreign OPCW-designated inspector shall be accompanied by an authorized representative from the ATC or any designated government official. To facilitate the conduct of inspection, the authorized representative from the ATC or any designated government official shall direct any proper person to provide the inspectors with access to the facility being inspected, examine records related thereto, document the inspection, take samples for analysis, interview persons in the facility, and any other activity pursuant to the provisions of the Convention's Verification Annex.

National and local government authorities conducting inspections pursuant to their regulatory functions under existing laws are exempt from the requirements provided under this section.

Section 14. Protection of Confidential Information. - Any confidential information given or obtained pursuant to this Act shall be disclosed only for the purpose of complying with obligations under the Convention, enforcing this Act, or dealing with a public safety emergency. Non-Disclosure Agreements shall be entered into by parties to ensure protection of said confidential information.

CHAPTER V
MISCELLANEOUS PROVISIONS

Section 15. International Cooperation and Assistance. -

Section 16. Confirmatory Laboratory, Containment, Disposal, and Related Facilities. - The ATC shall support initiatives from and foster collaborations among government agencies, the private sector, and other stakeholders towards the establishments or designation of confirmatory laboratories, containment, decontamination, destruction, and disposal facilities, with the end in view of allowing in-country analysis and scientific assessment if samples and other materials, rapid incident response, and ensuring full implementation of the objectives of this Act and the Convention.

Initiatives shall refer to capacity-building efforts in accordance with international standards, including securing and maintaining proper accreditation, passing the required series of proficiency testing, setting up the necessary competencies, and providing funding support for laboratory equipment and related facilities and maintenance, antidote stock, researches, personnel retention, and other development activities.

Section 17. Streamlining Policies and Regulations Governing Chemicals. - The ATC, in coordination with appropriate government agencies, shall facilitate the establishment of a coordination mechanism with other regulatory agencies governing chemicals in accordance with Republic Act No. 9485, as amended, or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018".

CHAPTER VI
FINAL PROVISIONS

Section 18. Supplemental Application of the Revised Penal Code and Other Laws. - The provisions of the Revised Penal Code, Republic Act No. 11479, or "The Anti-Terrorism Act of 202". Republic Act No. 10697, and other related laws shall have suppletory application to the provision of this Act.

Section 19. Jurisdiction. - The Regional Trial Court shall have exclusive jurisdiction over all violations of this Act, as well as applications for ancillary writs and processes such as search warrants, seizure, and forfeiture: Provided, That the Regional Trial Court that first acquires jurisdiction shall exercise the same to the exclusion of all other courts unless the Supreme Court authorizes the transfer of venue.

Section 20. Report to Congress. - Not later than one (1) year after the effectivity of this Act, the ATC shall submit an annual report to Congress giving a detailed account of its accomplishment and progress, including on the cancellation of all licenses, an updated list of scheduled chemicals, and a copy of its annual declarations to the OPCW on relevant toxic chemicals and their precursors.

Section 21. Appropriations. - The funds necessary for the implementation of this Act shall be charged against the current appropriations of concerned agencies of the ATC, subject to pertinent budgeting, accounting, and auditing laws, rules, and regulations. Thereafter, the funding requirements for succeeding years shall be included in the annual General Appropriations Act, subject to the usual budget preparation process.

Section 22. Implementing Rules and Regulations. - Within one hundred eighty (180) days from the effectivity of this Act, the ATC shall, upon consultation with relevant stakeholders, issue the rules and regulations to ensure the efficient and effective implementation of the provisions of this Act.

Section 23. Separability Clause. - If any provision or part of this Act is declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.

Section 24. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended, or modified accordingly.

Section 25. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act was passed by the Senate of the Philippines as Senate Bill No. 2871 on December 9, 2024 and adopted by the House of Representatives as an amendment to House Bill No. 9571 on January 14, 2025.

Approved: APR 15 2025

(SGD.) FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines