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Guidelines

Issued on 16 July 2001

Former President Gloria Macapagal-Arroyo issued the Philippine National Policy Statement on Modern Biotechnology, which articulates the government policy on promoting the safe and responsible use of modern biotechnology and its products as one of the means to achieve food security, equal access to health services, a sustainable and safe environment, and industry development.

“We shall promote the safe and responsible use of modern biotechnology and its products as one of several means to achieve and sustain food security, equitable access to health services, sustainable and safe environment, and industry development.

“We shall ensure that all technologies that we promote, including modern biotechnology, will provide farmers and fisherfolks the opportunity to increase their over-all productivity and income; enhance the welfare of consumers; promote efficiency, competitiveness, and improved quality standards of local industries – all within the paramount objective of attaining safely and sustainable development, including its human, social and environmental aspects.

“The Departments of Agriculture, Science and Technology, Health, Environment and Natural Resources, Trade and Industry, and other concerned agencies are hereby directed to address the current issues associated with the local and global dimensions and trends of modern biotechnology, including its potential health, environmental and social impacts. Towards this end, they shall conduct public consultations with representatives from civil society, government and business; formulate departmental directives and regulations on the access to and use of the products of modern biotechnology, coordinate activities and programs on research, development and application; and allocate appropriate resources for the upgrading of capacities and capabilities to effectively regulate the technology and its products, including but not limited to product testing and labeling.”

MALACAÑANG
MANILA

PROCLAMATION NO. 526

CONSTITUTING THE VARIOUS BIOTECHNOLOGY INSTITUTES WITHIN THE UNIVERSITY OF THE PHILIPPINES SYSTEM AS THE NETWORK OF NATIONAL INSTITUTES OF BIOTECHNOLOGY, AND DESIGNATING SAID NETWORK AS A NATIONAL CENTER OF EXCELLENCE IN MOLECULAR BIOLOGY AND BIOTECHNOLOGY

WHEREAS, Section 10, Article XIV of the Constitution provides: “Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life;”

WHEREAS, Executive Order No. 889 (23 March 1983) established a system of national centers of excellence in the basic sciences within the University of the Philippines (U.P.) System;

WHEREAS, the efforts to apply science and technology in the service of our people require complementary initiatives in the generation of technology, technology transfer and diffusion, and technology utilization and commercialization;

WHEREAS, all these efforts presuppose the availability of highly trained manpower to lead and direct scientific and technological activities in private industry, government and the academe;

WHEREAS, there is a necessity to strengthen and broaden the national capability to train scientific leaders and conduct research in the basic sciences; and

WHEREAS, there is a need for a network of viable, dynamic, and responsive national centers to focus the enthusiasm and efforts of personnel involved in the molecular biosciences, and to emphasize the agricultural, medical, industrial and environmental applications of biotechnology.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. There is hereby constituted a Network of National Institutes of Biotechnology (NNIB) in U.P. initially composed of the following:

a. National Institute of Biotechnology and Applied Microbiology in U.P. Los Baños, now renamed National Institute of Molecular Biology and Biotechnology in U.P. Los Baños;

b. National Institute of Molecular Biology and Biotechnology in U.P. Diliman;

c.National Institute of Molecular Biology and Biotechnology in U.P. Manila; and

d. National Institute of Biotechnology in U.P. Visayas.

The NNIB is hereby designated as a national center of excellence in molecular biology and biotechnology.

Section 2. Pursuant to Section 1 of Executive Order No. 889 (23 March 1983), the Board of Regents is hereby authorized to integrate in the NNIB such other additional Institutes it may deem proper to create from out of the existing staff, physical facilities and programs of U.P.

Section 3. The objectives, powers and functions of the NNIB and the individual Institutes shall be as determined by the U.P. Board of Regents.

Section 4. The NNIB shall have an Advisory Board with the Secretary of the Department of Science and Technology as Chair, the President of the University of the Philippines as Co-Chair and five members to be appointed by the Board of Regents of U.P.

Section 5. Each of the Institutes shall be headed by a Director to be appointed by the U.P. Board of Regents upon the recommendation of the respective Chancellors and the President of U.P. The term of the Director shall be determined by the Board of Regents.

Section 6. The Department of Budget and Management shall consider additional budgetary support for the programs and operations of the NNIB.

Section 7. The Department of Science and Technology is hereby directed to provide project-funding support to the NNIB’s priority research and training programs.

Section 8. The Department of Science and Technology and the National Economic and Development Authority are hereby directed to mobilize donations and external funding for the NNIB.

Section 9. The NNIB and the Bureau of Patents, Trademarks and Technology Transfer shall mutually extend research and technical assistance to each other as regards the patenting of biotechnology.

Section 10. The rights and privileges under Sections 5 and 6 of Executive Order No. 889 (23 March 1983) shall apply to the NNIB.

DONE in the City of Manila, this 30th day of January in the year of Our Lord, Nineteen Hundred and Ninety-Five.

(Sgd.) FIDEL V. RAMOS

By the President:
(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 247

MANDATING THE SECRETARY OF TRANSPORTATION AND COMMUNICATIONS TO COORDINATE NATIONAL TRANSIT TRANSPORT

WHEREAS, the ASEAN Framework Agreement on the Facilitation of Goods in Transit (“Framework Agreement”) was signed on 16 December 1998 in Hanoi, Vietnam;

WHEREAS, ASEAN member countries have agreed to harmonize and simplify their domestic rules, regulations and administrative procedures relating to transit transport in accordance with the Framework Agreement;

WHEREAS, Article 29.1 of the Framework Agreement provides that a National Transit Transport Coordinating Committee (NTTCC) shall be established in each ASEAN member country for the effective and efficient coordination, monitoring and implementation of the said Framework Agreement.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order :

SECTION 1. The Secretary of Transportation and Communications shall coordinate national transit transport with the following objectives:

a. To provide a consultative forum, on a national-level, for a concerted effort to simplify and harmonize formalities, procedures and documentation used in transit transport in international trade;

b. To propose responsive transit transport and trade-related policies, rules, regulations and practices;

c. To increase public awareness and acceptance of the practices, methods and benefits of transit transport operations in both the public and private sectors.

SEC. 2. In pursuit of said objectives the following shall assist the Secretary:

Assistant Secretary, Office of ASEAN Affairs
Department of Foreign Affairs

Undersecretary for Planning
Department of Public Works and Highways

Commissioner, Bureau of Customs

Administrator, Maritime Industry Authority

General Manager, Philippine Ports Authority

General Manager, Cebu Ports Authority

Executive Director, Civil Aeronautics Board

General Manager, Manila International Airport Authority

General Manager, Mactan-Cebu International Airport Authority

SEC. 3. The Secretary shall prepare recommendations and provide policy advice and support in the area of transit transport relating to international trade for consideration of the appropriate agencies in the Executive Branch.

SEC. 4. The Secretary shall prepare and issue the implementing rules and regulations of this Executive Order within sixty (60) calendar days from the date hereof.

SEC. 5. All Presidential directives, issuances, order, rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed and modified accordingly.

SEC. 6. If any provision of this Executive Order and its Implementing Rules and Regulations in held invalid, the other provisions not affected thereby shall remain valid and continue to be in force and effect.

SEC. 7. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 28th day of October, in the year of Our Lord, Two Thousand and Three.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:
(Sgd.) ALBERTO G. ROMULO
Executive Secretary

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO 514

ESTABLISHING THE NATIONAL BIOSAFETY FRAMEWORK, PRESCRIBING GUIDELINES FOR ITS IMPLEMENTATION, STRENGTHENING THE NATIONAL COMMITTEE ON BIOSAFETY OF THE PHILIPPINES, AND FOR OTHER PURPOSES

WHEREAS, there is rapid expansion of the use of modern biotechnology not only for scientific research but also for products for commercial releases and purposes;

WHEREAS, there is concern over modern biotechnology’s potential impacts on the environment, particularly on biological diversity, on human health, and on social and cultural well-being;

WHEREAS, it is the policy of the State to promote the safe and responsible use of modern biotechnology and its products as one of the several means to achieve and sustain food security, equitable access to health services, sustainable and safe environment and industry development;

WHEREAS, the Cartagena Protocol on Biosafety to the United Nations Convention on Biological Diversity which the Philippines signed on 24 May 2000 entered into force on 11 September 2003;

WHEREAS, the National Committee on Biosafety of the Philippines (NCBP), Department of Science and Technology, Department of Agriculture, Department of Health, and Department of Environment and Natural Resources have played, since 1987, a pioneering and important role in developing and establishing the current biosafety system;

WHEREAS, there is a need to enhance the existing biosafety framework to better respond to the challenges presented by further advances in modern biotechnology and to comply with the administrative requirements of the Cartagena Protocol on Biosafety;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Adoption and Operationalization of the National Biosafety Framework. The National Biosafety Framework (NBF) for the Philippines, attached hereto as Annex A, is hereby adopted.

SECTION 2. Scope and Objectives. The NBF shall have the following scope and objectives:

2.1 Scope. The NBF shall apply to the development, adoption and implementation of all biosafety policies, measures and guidelines and in making biosafety decisions concerning the research, development, handling and use, transboundary movement, release into the environment and management of regulated articles.

2.2 Objectives. The NBF shall have the following objectives:

2.2.1. Strengthen the existing science-based determination of biosafety to ensure the safe and responsible use of modern biotechnology so that the Philippines and its citizens can benefit from its application while avoiding or minimizing the risks associated with it;

2.2.2. Enhance the decision-making system on the application of products of modern biotechnology to make it more efficient, predictable, effective, balanced, culturally appropriate, ethical, transparent and participatory; and

2.2.3. Serve as guidelines for implementing international obligations on biosafety.

Section 3. Administrative Framework and Decision-Making Processes. In making biosafety decisions, the administrative system and decision-making processes established in the NBF shall be complied with.

Section 4. Strengthening the National Committee on Biosafety of the Philippines (NCBP). The NCBP is hereby strengthened. Its mandate, functions, composition and organization are set forth in the NBF.

Section 5. General Mandate on Departments, Offices and Agencies. The mandates, jurisdictions and other powers of all departments and agencies in relation to biosafety and biotechnology shall be guided by the NBF and coordinated with the NCBP and each other in exercising such powers.

Section 6. Funding. The DOST, DENR, DA, and DOH shall allocate funds from their present budgets to implement the NBF, including support to the operations of the NCBP and its Secretariat. Starting 2006 and thereafter, the funding requirements shall be included in the General Appropriations Bill submitted by each of said departments to Congress.

These concerned departments shall enter into agreement on the sharing of financial and technical resources to support the NCBP and its Secretariat.

Section 7. Transition. The NCBP and its present members shall continue to exercise their present functions under Executive Order No. 430, s. 1990 until such time that it has completely reorganized under the NBF. The reorganization shall commence immediately after the DOST, DENR, DA, and DOH have entered into an agreement on the sharing of financial and technical resources to support the NCBP and its Secretariat on a sustainable basis, and shall be completed within one year from effective date of such agreement.

All members of the NCBP to be appointed by the President, as required by the NBF, shall assume their positions upon completion of the reorganization.

Section 8. Repealing and Amending Clause. All orders, rules and regulations or parts thereto which are inconsistent with any of the provisions of this Order are hereby repealed or amended accordingly. For the avoidance of doubt, the following issuances, unless amended by the respective issuing departments or agencies, shall continue to be in force and effect: Department of Agriculture Administrative Order No. 008, s. 2002; the NCBP Guidelines on the Contained Use of Genetically Modified Organisms, except for provisions on potentially harmful exotic species which are hereby repealed; and all Bureau of Food and Drugs issuances on products of modern biotechnology.

Section 9. Effectivily. This Order shall take effect fifteen days after publication in two newspapers of general circulation.

Done, in the City of Manila, this 17th day ofMarch, in the year of Our Lord, Two Thousand and Six.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary

MALACAÑANG

MANILA

EXECUTIVE ORDER NO. 430

CONSTITUTING THE NATIONAL COMMITTEE ON BIOSAFETY OF THE PHILIPPINES (NCBP) AND FOR OTHER PURPOSES

WHEREAS, the impact of the new technologies on health, agriculture, chemical and pharmaceutical, and environment and natural resources has been a continuing worldwide concern of many countries;

WHEREAS, biotechnology has high potential to improve the quality of human life may have concomitant risks and hazards to health safety, the environment and society;

WHEREAS, the hazards associated with the processes and the products of researches in biotechnology may be minimized, if not totally eliminated, by the different containment levels and procedures observed in the laboratories and greenhouses;

WHEREAS, most of the risks are associated with the field testing and eventual deliberate release of genetically manipulated/engineered organisms into the environment;

WHEREAS, there is a need to constitute a body that shall undertake the study and evaluation of existing laws, policies and guidelines on biotechnology and its related matters, and recommend such measures for its effective utilization and prevention of possible pernicious effects in the environment;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. There is hereby constituted the National Committee on Biosafety of the Philippines, hereinafter referred to as the NCBP, which shall be attached to the Department of Science and Technology (DOST).

The NCBP shall be composed of the following:

Chairman -DOST Undersecretary for R & D
Members - 1 biological scientist
  1 environmental scientist
  1 physical scientist
  1 social scientist
  2 respected members of the community
  1 representative each from DA, DENR, and DOH to be designated by the respective Heads of Offices.

SEC. 2. The members of the NCBP shall have the following terms of office:

(a) The term of office of the Chairman shall be coterminous with his appointment as Undersecretary for R & D; and,

(b) All members, excluding the Chairman, shall serve for a term of three (3) years, renewable for another term or more under exceptional circumstances; Provided, That, the members representing DA, DENR and DOH shall hold the positions for the duration of the term of their appointments in such agencies.

SEC. 3. The members of the NCBP shall have the following qualifications:

(a) Filipino citizens of unquestionable integrity who reside permanently in the Philippines;

(b) The four scientist-members shall possess a minimum of seven (7) years of collegiate and post-collegiate training (degree and/or non-degree) in their respective field.

SEC. 4. The NCBP shall have the following functions:

(a) Identify and evaluate potentials hazards involved in initiating genetic engineering experiments or the introduction of new species and genetically engineered organisms and recommend measures to minimize risks;

(b) Formulate and review national policies and guidelines on biosafety, such as the safe conduct of work on genetic engineering, pests and their genetic materials for the protection of public health, environment and personnel and supervise the implementation thereof;

(c) Formulate and review national policies and guidelines in risk assessment of work biotechnology, and supervise the implementation thereof;

(d) Develop working arrangements with the government quarantine services and institutions in the evaluation, monitoring, and review of projects vis-a-vis adherence to national policies and guidelines on biosafety;

(e) Assist in the development of technical expertise, facilities and other resources for quarantine services and risk assessments;

(f) Recommend the development and promotion of research programs to establish risk assessment protocols and assessment of long-term environmental effects of biological research covered by these guidelines;

(g) Publish the results of internal deliberation and agency reviews of the committee;

(h) Hold public deliberations on proposed national policies, guidelines and other biosafety issues;

(i) Provide assistance in the formulation, amendment of pertinent laws, rules and regulations; and

(j) Call upon the assistance of any government agency, department, office, bureau including government-owned and/or controlled corporations.

The Department of Science and Technology shall be the Secretariat of the NCBP, with the member agencies providing additional staff support as the need arises.

SEC. 5. The Department of Science and Technology shall allocate from its present budget such amount as may be necessary for the initial operations of the NCBP and its Secretariat. Thereafter, the funding requirements shall be included in the general appropriations bill submitted to the Congress.

SEC. 6. This Executive Order shall take effect immediately.

Done in the City of Manila, this 15th day of October, in the year of Our Lord, nineteen hundred and ninety.

(Sgd.) CORAZON C. AQUINO

By the President:
(Sgd.) CATALINO MACARAIG, JR.
Executive Secretary