Dear PAO,

In May 2025, Allan, the operations manager of a private company, Double X Corp., was apprehended and arrested by members of the Philippine National Police (PNP)- CALABARZON. The arrest stemmed from intelligence reports that Double X was manufacturing chemical agents without any authority in a warehouse in Canlubang, Laguna, allegedly intended for sale to undisclosed foreign clients. It was discovered that the chemical involved large quantities of “Sarin,” a warfare nerve agent and a banned chemical or substance under international laws. Allan claimed that the chemicals were intended for “industrial research” and that no actual use of the chemicals as weapons was made. If any, what possible case may be filed against Allan?

Kaye

Dear Kaye,

Allan and Double X Corp. may be held criminally liable under Republic Act (RA) No. 12174, otherwise known as the “Chemical Weapons Prohibition Act.”

Section 6 of the said Act provides that:

“SEC. 6. Prohibitions. – The following are prohibited under

this Act:

“(a) To develop, produce, acquire, stockpile, retain, use, or transfer domestically or by cross-border movement, any chemical weapon; Xxx;

“(g) To export and import Schedule 1 chemicals to or from a State not a Party to the Convention, including transit through such State: and xxx”

Section 3 thereof defines Chemical Weapon, thus:

“SEC. 3. Definition of Terms. – As used in this Act:

“(a) Chemical Weapon refers to one (1) or a combination of the following:

“(1) Toxic chemicals and their precursors, except when intended for purposes not prohibited under the Convention. where the type and quantity is consistent with such purposes; Xxx”

Sarin is a toxic chemical under Schedule 1 of the Annex on Chemicals under the Chemical Weapons Convention (CWC) (See: https://www.opcw.org/chemical-weapons-convention/annexes/annex-chemicals/schedule-1).

Section 6 of RA 12174 expressly prohibits the development, production, acquisition, stockpiling, retention, transfer, or use of chemical weapons. The mere production and possession of chemical agents classified as chemical weapons, irrespective of their actual use, constitutes a violation of the said law. Also, another violation of the said law may be committed when said toxic chemical is sold to foreign individuals.

Persons found to have violated the said law may be meted with severe penalties, thus:

“SEC. 7. Penalties. –

“(a) Any person who develops, produces, acquires. stockpiles, retains, transfers, or uses chemical weapons shall suffer the penalty of life imprisonment, without the benefit of parole or the provisions of Republic Act No. 10592… and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5.000,000.00); Xxx

“(e) Any person who imports. exports, or domestically transfers chemicals listed in Schedule 1, 2, or 3 of the Convention’s Annex on Chemicals without authorization and necessary permits and licenses from the Strategic Trade Management Office (STMO) of the Department of Trade and Industry (DTI shall be dealt with in accordance with Republic Act No. 10697, or the Strategic Trade Management Act (STMA); xxx”

Based on the foregoing, Allan’s defense that the chemicals were for “industrial research” is untenable. Sarin, being classified under Schedule 1 of Annex on Chemicals of CWC, may only be used for research or medical purposes in strictly limited quantities, with strict licensing and reporting requirements — none of which Double X Corp. complied with.

Accordingly, if found guilty, Allan and Double X Corp., may face imprisonment, heavy fines, and forfeiture of the illegal chemical substance, device, and warehouse used in the operation (Section 8 thereof) under the penalties prescribed by RA 12174 or the Chemical Weapons Prohibition Act.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]