[ IRR of REPUBLIC ACT NO. 9242-AMENDED, July 14, 2023 ]
2023 AMENDED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9242 (PHILIPPINE TROPICAL FABRICS LAW)
To effectively carry out the provisions of Republic Act No. 9242, or the Philippine Tropical Fabrics Law (PTF Law), the Civil Service Commission (CSC), in coordination with the Department of Agriculture (DA), the Department of Science and Technology (DOST), the Department of Trade and Industry (DTI), and in consultation with the concerned stakeholders from the private sector, pursuant to the powers vested in it under the said Law, hereby issues, adopts, and promulgates the following rules and regulations, and issues related circulars and other subsidiary issuances as it deems necessary for the effective implementation of the provisions of the PTF Law.
RULE I
PRELIMINARY PROVISIONS
Section 1. Title. These rules and regulations shall be referred to as the "Amended Implementing Rules and Regulations of Republic Act No. 9242", or the "Rules".
Section 2. Declaration of Policy. The provisions of these Rules are in line with the policy of the State to instill patriotism and nationalism among the people, especially public officials and employees, who shall at all times be loyal to the Republic and the Filipino people, promote the preferential use of locally manufactured goods that utilize local resources, adopt measures that help make them competitive and thus generate wider employment and greater benefits to the country.
Section 3. Coverage. The use of Philippine Tropical Fabrics (PTF) for uniforms of public officials and employees shall apply to all government officials and employees occupying regular positions, appointive or elective, in all branches, subdivisions, insturmentalities, and agencies of the govenrment, including government-owned or -controlled corporations (GOCCs) with original charters, local government units (LGUs), state universities and colleges (SUCs), local universities and colleges (LUCs), and Local Water Districts (LWDs).
The use of PTF for purposes other than official uniforms which require the use of fabrics in government offices and functions shall likewise apply to all national government agencies, branches, subdivisions, and instrumentalities, including GOCCs with original charters including LGUs, SUCs, LUCs, and LWDs.
These Rules shall not apply to consultants, apprentices, and workers hired through job orders, contracts of service, and GOCCs without original charters. However, their use of PTF as official uniform is highly encouraged.
Section 4. Exemption. Exemption from the use of PTF may be allowed only if the specifications required of the particular uniform cannot be met by the PTF properties.
The Department of Science and Technology-Philippine Textile Research Institute (DOST-PTRI) shall evaluate and give recommendation on requests for exemption due to reasons related to meeting the PTF properties. The issuance of appropriate notices of the exemption - regardless of the reason (i.e., whether specifications- or supply-related) - shall be under the purview of the CSC.
RULE II
DEFINITION OF TERMS
Wherever used in these Rules, the following terms shall have their respective meanings hereinafter set forth:
(a) Attestation - a document issued by a textile producer to fabric suppliers and/or garment manufacturers which attests that a certain quantity of PTF is from a certified batch of textiles produced.
(b) Certification - a document issued by the DOST-PTRI on compliance with R.A. No. 9242 test standards of a batch of textiles produced by a textile producer.
(c) Clothing Embellishment or Adornment - an accessory or ornament added or attached to the fabric or uniform through the use of outside mediums such as threads, embroidery, ribbon, sequins, beads, yarns, cords, buttons, lace, applique, and the like; and articles of clothing like a scarf, necktie, shawl, bag, shoes, belt, buckle, brooch/pin, and hair accessories.
(d) Fabric Supplier - R.A. No. 9242-qualified1 local enterprise that commercially distributes textiles from local textile producers.
(e) Garment Manufacturer - R.A. No. 9242-qualified local enterprise engages in the sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise converting textile or fabric materials into a garment or article of clothing designed or intended to be worn.
(f) Local Sources - DTI-certified direct manufacturers or traders of PTF within the Philippine territory.
(g) Natural Textile Fiber (NTF) - a discrete piece of material of animal or plant/vegetable origin produced and processed in the Philippines. NTFs include those from abaca (Musa textilis Nee), banana (Musa sp.), pineapple (Ananas comosus), silk (Bombyx mori), as well as others, such as Bamboo (Bambusa blumeana or Bambusa textilis), among others. These fibers constitute the natural fiber component of PTF, as designated by a technical committee that convenes annually and is led by DOST-PTRI.
(h) Permit to Transport Fibers - a document issued by the Department of Agriculture-Philippine Fiber Industry Development Authority (DA-PhilFIDA) to licensed fiber trading/processing establishments stating the place of origin of the NTFs, and such other relevant details.
(i) Philippine Tropical Fabrics (PTF) - fabrics containing NTFs produced, spun, woven, or knitted, and finished in the Philippines and which have been tested and certified by the DOST-PTRI as compliant with the provisions of R.A. No. 9242.
(j) Textile Producer - R.A. No. 9242-qualified local manufacturer engaged in the production of textiles, using locally-sourced NTFs, through spinning, weaving, knitting, dyeing, printing, and/or finishing.
RULE III
USAGE OF PHILIPPINE TROPICAL FABRICS
The use of PTF is hereby prescribed for official uniforms of govenrment officials and employees, either for the entire set of uniforms or a part thereof, but not as mere clothing embellishment or adornment. Moreover, the use of PTF is prescribed for other purposes that require the use of fabrics in government offices and functions.
RULE IV
STANDARDS AND CERTIFICATION FOR PTF
Section 1. All fabrics to be used for uniforms and other purposes shall have a natural fiber component of at least five percent (5%) by weight for NTFs and silk.
Section 2. The DOST-PTRI shall develop and issue guidelines (Annex "A") in securing a Certification (Annex "B") which will include compliance with the standards set forth under R.A. No. 9242 on the origin, processing, composition, and other properties of the NTFs, and other necessary forms. The said guidelines shall form an integral part of these Rules.
Section 3. The DOST-PTRI shall conduct tests on the composition and other properties of the fabric to determine whether or not it meets the minimum standards required for PTF in uniforms and other purposes and shall issue the appropriate certification and evaluation of test results.
Section 4. Applicants seeking PTF Certification shall submit their fabrics to the DOST-PTRI for pre-qualification assessment and mandatory testing according to the guidelines set forth by the Institute. Fabric suppliers or garment manufacturers wanting to bid for the uniform and other purposes of govenrment are government are required to submit the PTF Certification attaching the Evaluation of Test Results issued by the DOST-PTRI.
Section 5. The DA-PhilFIDA shall issue a Permit to Transport Fibers (Annex "C") in accordance with it rules.
RULE V
PROCUREMENT PROCEDURE
Section 1. All procuring entities shall adopt the procurement rules and procedures under the existing procurement law and its implementing rules and regulations.
Section 2. The PTF for the uniform of government officials and employees and other purposes shall be procured from local sources.
If the textile producer cannot sufficiently provide the required PTF at a given time, it shall issue a certification stating such fat. The certification shall be submitted to the CSC for the issuance of an appropriate notice of exemption.
Section 3. In addition to the bidding requirements, the suppliers shall submit the required certification from DOST-PTRI to the Bids and Awards Committee or its equivalent unit responsible for the procurement of the uniform and for other purposes of each agency/department.
(a) Certification from DOST-PTRI stating that the fabric is compliant with the provisions of R.A. No. 9242 (Annex "B").
(b) Attestation issued by the textile producer stating that their fabric is part of the stock that has been certified by DOST-PTRI as PTF compliant, to include the identification as marked in the selvage of the fabric.
(c) Permit to Transport Fibers from DA-PhilFIDA stating the origin of the fiber, such as abaca, banana, pineapple, silk, and other fibers.
RULE VI
IMPLEMENTATION, MONITORING, AND EVALUATION
Section 1. Creation and Composition of Technical Committee. A Technical Committee is hereby created to ensure the implement of the law and its Rules which shall be composed of representatives of the following agencies:
(a) DOST-PTRI;
(b) DTI;
(c) CSC; and
(d) DA-PhilFIDA.
Section 2. Responsibilities of the Technical Committee. The Technical Committee shall have the following responsibilities:
(a) Oversee the effective implementation of the law;
(b) Formulate a roadmap to serve as the master plan for the overall implementation of the law;
(c) Identify the strategies to ensure systematic, coordinated, and effective implementation of these Rules and achievement of the objectives of the law;
(d) Evaluate programs to assess implementation and recommend interventions to improve the existing mechanisms, processes, and activities; and,
(e) Resolve issues brought before the Technical Committee for its decision on matters covering concerned on implementation.
Section 3. The members of the Technical Committee shall have the following responsibilities:
(a) DOST-PTRI
(1) Serve as Head of the Technical Committee;
(2) Conduct fabric testing; ensure all aspects of fabric compliance as prescribed under the law; and issue the appropriate test report, evaluation of test results, and certification of R.A. No. 9242 compliance to qualified applicants;
(3) Receive and evaluate requests for exemption from the use of PTF uniforms and issue the appropriate notice of exemption; and
(4) Develop new technologies and improvement of products and processes through research.
(b) DTI
(1) Assist in addressing concerns of the local textile industry with respect to the productions, fabric compliance, marketing, promotion, supply, and distribution of PTF to government agencies; The Bureau of Product Standards may perform product certification to verify fabric conformance to particular standards, as authorized or mandated by law;
(2) Adopt measures to help make the local textile industry competitive;
(3) Spearheaded the development of strategies to pursue the growth and development of the PTF industry;
(4) Issue the certificate of non-availability of supply of PTF; and
(5) Extend and promote PTFs in local markets.
(c) CSC
(1) Release and disseminate issuances that will ensure govenrment agencies' compliance with the Law. These issuances include Memorandum Circulars for mobilizing government agencies to comply with the law;
(2) Monitor compliance of government agencies in the wearing of PTF uniforms;
(3) Consolidate the reports of the Technical Committee members and submit the same to Congress; and
(4) Provide secretariat services to the Technical Committee (TC) which includes coordination of meetings of the Technical Committee; preparation of meeting documents and materials; drafting of minutes of meetings; and management and maintenance of records of the Technical Committee.
(d) DA-PhilFIDA
(1) Provide production data on tropical fibers and extend assistance on field technical services;
(2) Ensure the implementation of standards for required fiber quality and enforce regulations in fiber trading, including the issuance of certification that the origin of the fiber is of local source; and
(3) Ensure stable supply and adequate production of local NTF.
Each member agency shall submit a status report on its jurisdiction/responsibility not later than September of each year to the CSC, as the Technical Committee Secretariat, for evaluation. The CSC shall then submit an annual report to Congress on or before the end of the December every year.
RULE VII
RESPONSIBILITY AND ACCOUNTABILITY OF HEADS OF AGENCIES
The Heads of Agencies shall be responsible for the implementation of R.A. No. 9242 and its Rules in their respective agencies.
The Heads of Agencies shall likewise submit to the CSC a report on the implementation and compliance with the provisions of R.A. No. 9242 and its Rules in their respective agencies not later than the first week of August of every year.
RULE VIII
RESOLUTION OF AGENCY CONCERNS
Issues and concerns of government agencies that may arise relative to compliance or in the implementation of these Rules in their respective agencies.
The Heads of Agencies shall be responsible for the implementation of R.A. No. 9242 and its Rules in these respective agencies not later than the first week of August of every year.
RULE VIII
RESOLUTION OF AGENCY CONCERNS
Issues and concerns of government agencies that may arise relative to compliance or in the implementation of these Rules shall be addressed in writing and resolved by the Technical Committee member agency responsible, as herein identified (e.g., issues on fabric testing and certification - DOST-PTRI).
RULE IX
REPEALING CLAUSE
The Implementing Rules and Regulations of R.A. No. 9242 under CSC Memorandum Circular No. 18, s. 2005 promulgated on 11 October 2005, CSC Memorandum Circular No. 22, s. 2010 on the Implementation of R.A. No. 9242, and all other issuances or provisions thereof, inconsistent with these Rules are hereby repealed, revised, or modified accordingly.
RULE X
EFFCTIVITY
These Rules shall take effect after fifteen (15) days from the date of its publication in a newspaper of general circulation.
(SGD.) ATTY. KARLO B. NOGRALES |
Chairperson |
Civil Service Commission 14 July 2023 |
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1 R.A. No. 9242-qualified will mean than the manufacturer or enterprise has submitted the fabric which passed mandatory testing by the DOST-PTRI using PTF compliance standards performance specification.