Question & AnswerQ&A (Republic Act No. 4109)
The main purpose of Republic Act No. 4109 is to convert the Division of Standards under the Bureau of Commerce into a Bureau of Standards, and to provide for the standardization and/or inspection of products and imports in the Philippines.
The Director of Standards and the two Assistant Directors (one for technical matters and the other for administrative matters) are appointed by the President of the Philippines with the consent of the Commission on Appointments.
The Bureau has charge of the establishment of standards and inspection of all agricultural, forest, mineral, fish, industrial, and all other products of the Philippines for which no standards have yet been fixed by law, executive order, or rules and regulations.
The Director has the power to establish standards, inspect and certify products, fix and collect fees for inspection and testing services, take testimony or evidence for investigations, and initiate official investigations regarding violations of the act or its implementing rules.
Such a person shall be punished by imprisonment of not less than two months nor more than six months, a fine of not less than five hundred nor more than one thousand pesos, and deportation if an alien. If false information is given under oath, the maximum penalty for false testimony applies.
Such persons, whether public officials or private individuals/entities, shall be punished by imprisonment of six months to two years, fines between one thousand and five thousand pesos, deportation if alien, dismissal from office if a public officer, and other sanctions including cancellation of naturalization or revocation of business licenses as applicable.
The Act provides for a special fund called the "Philippine Standardization and Inspection Funds," which consists of 25% of all receipts and collections from enforcement and service fees, to be used for salaries, expenses, and enhancing the Bureau's services.
Yes, personnel whose duties are technical in nature are exempt from the operation of the Wage and Position Classification Office, meaning they have protections respecting their classification and compensation.
If any part of the Act is adjudged invalid by a competent court, such judgment shall not affect the remainder of the Act. The invalidity shall be confined to the part directly involved in the controversy.