MOA

1. MEMORANDUM
FOR : THE UNDERSECRETARY FOR POLICY, PLANNING AND
INTERNATIONAL AFFAIRS
FROM : THE BUREAU DIRECTOR AND CONCURRENT REGIONAL
DIRECTOR – NATIONAL CAPITAL REGION
SUBJECT : RESPONSE TO THE COMMENTS FROM DTI-PAB ON THE
DRAFT MEMORANDUM OF AGREEMENT BETWEEN DTI-PAB
AND DENR
DATE :
This is in relation to the response of the Department of Trade and Industry – Philippine
Accreditation Bureau (DTI-PAB) on the comments of EMB regarding the draft Memorandum of
Agreement (MOA) between DTI-PAB and DENR. The following are the responses of the Bureau.
Comments from DTI-PAB1 Response from DENR-EMB
We would like to clarify the statement
“…provided that these CABs also follow
requirements of the DENR Environmental
Recognition (ELR) Scheme.”
Does it mean that the CABs such as testing
laboratories will still undergo actual audit for
DENR ELR Scheme? If yes, it may be a
redundant process. Please note that the
compliance of CABs to regulatory
requirements is being checked by PAB
during the accreditation process.
The objective of the MOA is to help our
clientele comply with regulations by
reducing redundant requirements and
processes such as an actual audit.
Yes, there is a need to follow the
requirements of the DENR Environmental
Recognition Scheme.
To illustrate why this is needed, the DENR
ELR Scheme does not recognize the use of
laboratory-developed/ non-standard methods
in environmental testing while PAB’s
ISO/IEC 17025:2017 allows that. To ensure
data comparability on the standpoint of
analytical testing methodologies, the DENR
ELR Scheme harmonizes testing activities
for regulated pollutants across all DENR-
recognized labs according to the approved
methods of analysis either by the DENR or
the Environmental Management Bureau
(EMB). This is necessary as the testing
results are used for purposes of compliance
to environmental regulatory standards. In
addition, the assessment of the EMB
Laboratory Inspection and Assessment
Teams also focus on laboratory safety, waste
1
Annex I – DTI -PAB’s Response
Department of Environment and Natural Resources
ENVIRONMENTAL MANAGEMENT BUREAU
DENR Compound, Visayas Avenue, Diliman, Quezon City 1116
Tel. Nos. (632)927-1517; 928-3725; Fax No. (632)920-2258
Website: www.emb.gov.ph Email: recordsco@emb.gov.ph
30 JUNE 2021

2. management as well as non-permit based
regulatory requirements of the
environmental laws implemented by the
Bureau.
We would like to clarify the statement
“...upon fulfillment of the requirements for
accreditation set by DTI-PAB and DENR”.
Does it mean that the CABs such as testing
laboratories need to comply with both the
requirements of DTI-PAB and DENR before
granting DTI-PAB’s accreditation?
Please note that DTI-PAB’s accreditation is
voluntary, while DENR’s recognition is
regulatory, combining the requirements of
these two agencies might be challenging for
DTI-PAB’s testing laboratories.
Also, Section D, are responsibilities under
DTI-PAB, hence DTI-PAB strongly
suggests retaining its original text in Item (a)
such as Accredit CABs based on relevant
standards upon fulfillment of the
requirements for accreditation set by DTI-
PAB.
Yes, the laboratory also needs to comply
with the requirements of the DENR as
mentioned above.
It is stated in Section 19 (g), Chapter 3 the
Republic Act No. 9275 or the “Philippine
Clean Water Act” that the Department shall
be responsible for the implementation and
enforcement of the stated functions, powers
and responsibilities therein, specifically on
the accreditation system for laboratories, to
wit:
“g) Establish within twelve (12) months from
the effectivity of this Act, internationally-
accepted procedures for sampling and
analysis of pollutants and in coordination
with other concerned agencies, formulate
testing procedures and establish an
accreditation system for laboratories;”
It is clarified that the DENR ELR Scheme is
also voluntary as not every environmental
testing laboratory is required to be
recognized by the DENR through this
Scheme to carry out their testing activities.
However, only those that are duly recognized
are the ones in which the results will be
acceptable to the EMB for compliance
purposes.
Since the execution of the MOA does not
abolish the DENR’s laboratory recognition,
the requirements mandated under the DENR
guidelines shall still have force and effect. It
should be noted that the main reason why the
DENR ELR Scheme was institutionalized is
to ensure that there will be available DENR-
recognized laboratories to complement EMB
laboratories in every region and every
province to cater to the testing needs of
EMB’s regulated community. Hence,
requiring labs to become PAB-accredited
will impact the number of labs that will be

3. available to cater to the industries seeking to
comply with environmental regulations.
DTI-PAB’s requirements for accreditation of
testing laboratories closely parallel that of
the DENR ELR Scheme. However, there are
notable differences in these requirements
also that need to be considered. Hence, it is
reiterated that the initial comment of the
DENR-EMB will be considered in the
finalization of this MOA.
Furthermore, please find below some additional points of clarification to be considered
on the document provided.
Draft MOA Remarks/Suggestions/Inputs
Item A (9) – and other activities of the
Environmental Management and Protected
Areas Sector (EMPAS) of the DENR.
Item A (9) - "...and other activities of the
Environmental Management Bureau of the
DENR." (EMPAS is now integrated to EMB
pursuant to EO 192)
C.1 The responsibilities of the DENR are as
follows:
a. Recognize PAB accredited CABs such
as:
- Testing Laboratory with the following
scopes:
- Water (fresh water, groundwater, water
for various uses) and waste water,
sediments and biota, ambient air stack
emissions, ores and minerals, among
others.
Item C.1 –“ The responsibilities of the DENR
are as follows:
a. After CABs' compliance with the
requirement under RA 9275 and other
prevailing rules and regulations, recognize
the PAB-Accredited CABs:-X-X-X-“`
Item C.1.b – Require the laboratories of the
following DENR Bureaus to be accredited
by DTI-PAB for relevant standards if
accreditation for such standard has not yet
been attained.
Unless This will constitute as another
compliance obligation on our part, should the
MOA be concluded. Kindly check if there is
an actual need for DTI-PAB Accreditation for
us to perform our mandates. Otherwise, may
we recommend the deletion of the same.
Item C.1.c Perhaps this falls within the mandate of DTI-
PAB.
Item C.1.d Clarify how often should this be done.
Likewise, it can be better to consider Data
Privacy Guidelines for sharing of
information, without compromising the
“whole-of-government” approach. Check

4. For your kind consideration.
ENGR. WILLIAM P. CUÑADO
with Item E of draft MOA as well for
consistency.