REPUBLIC ACT No.

2382
THE MEDICAL ACT OF 1959
ARTICLE I
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern
(a) the standardization and regulation of medical education; (b)
the examination for registration of physicians; and (c) the
supervision, control and regulation of the practice of medicine
in the Philippines.
Section 2. Enforcement. For the purpose of implementing the
provisions of this Act, there are created the following agencies:
the Board of Medical Education under the Department of
Education, and the Board of Medical Examiners under the
Commissioner of Civil Service.
ARTICLE II
The Board of Medical Education Its Functions
Section 3. Composition of Board of Medical Education. The
Board of Medical Education shall be composed of the
Secretary of Education or his duly authorized representative,
as chairman, and the Secretary of Health or his duly authorized
representative, the Director of the Bureau of Private Schools or
his duly authorized representative, the chairman of the Board
of Medical Examiners or his duly authorized representative, a
representative of private practitioners, upon recommendation
of an acknowledged medical association and a representative
chosen by the Philippine Association of Colleges and
Universities, as members.
The officials acting as chairman and members of the Board of
Medical Education shall hold office during their incumbency in
their respective positions.
Section 4. Compensation and traveling expenses. The
chairman and members of the Board of Medical Education
shall not be entitled to any compensation except for traveling
expenses in connection with their official duties as herein
provided.
For administrative purposes, the Board shall hold office in the
office of its chairman, who may designate a ranking official in
the Department of Education to serve as secretary of the
Board.
Section 5. Functions. The functions of the Board of Medical
Education shall be:
(a) To determine and prescribe minimum
requirements for admission into a recognized college
of medicine;
(b) To determine and prescribe requirements for
minimum physical facilities of colleges of medicine, to
wit: buildings, including hospitals, equipment and
supplies, apparatus, instruments, appliances,
laboratories, bed capacity for instruction purposes,
operating and delivery rooms, facilities for out-patient
services, and others, used for didactic and practical
instructions in accordance with modern trends;

(c) To determine and prescribe the minimum number

and the minimum qualifications of teaching personnel,
including student-teacher ratio and curriculum;
(d) To determine and prescribe the number of
students who should be allowed to take up the
preparatory course taking into account the capacity of
the different recognized colleges of medicine.
(e) To select, determine and approve hospitals or
some departments of the hospitals for training which
comply with the minimum specific physical facilities as
provided in subparagraph (b) hereof: and
(f) To promulgate and prescribe and enforce
necessary rules and regulations for the proper
implementation of the foregoing functions.
Section 6. Minimum required courses. Students seeking
admission to the medical course must have a bachelor of
science or bachelor of arts degree or their equivalent and must
have taken in four years the following subjects with their
corresponding number of units:
Unit
English

12

Latin

Mathematics, including Accounting and

Statistics

Philosophy, including Psychology and Logic

12

Zoology and Botany

15

Physics

Chemistry

21

Library Science

Humanities and Social Sciences

12

Twelve units of Spanish shall be required pursuant to Republic

Act Numbered Seven hundred nine; but commencing with the
academic year nineteen hundred sixty to nineteen hundred
sixty-one, twenty-four units of Spanish shall be required
pursuant to Republic Act Numbered Eighteen hundred and
eighty-one as cultural, social and nationalistic studies.
Provided, That the following students may be permitted to
complete the aforesaid preparatory medical course in shorter
periods as follows:
(a) Students whose general average is below eightyfive per cent but without any grade of failure or
condition may be allowed to pursue and finish the
course in three academic years and the intervening
summer sessions; and
(b) Students whose general average is eighty-five per
cent or over may be permitted to finish the course in
three academic years by allowing them to take each
semester the overload permitted to bright students
under existing regulations of the Bureau of Private
Schools.

Provided, That upon failure to maintain the general average of

eighty-five per cent, students under (b) shall automatically
revert to the category of students under (a) and those under
(a), upon having any grade of failure or condition, shall
automatically revert to the category of students required to
pursue the preparatory course in four years mentioned above.
The medical course shall be at least five years, including not
less than eleven rotating internship in an approved hospital,
and shall consist of the following subjects:

1. Date of publication
2. Calendar for the academic year
3. Faculty roll indicating whether on full time part time
basis
4. Requirements of admission
5. Grading system

Anatomy
6. Requirements for promotion
Physiology
7. Requirements for graduation
Biochemistry and Nutrition
8. Medical hours per academic year by departments
Pharmacology
9. Schedule hours per academic year by departments
Microbiology
10. Number of students enrolled in each class.
Parasitology
Medicine and Therapeutics
Genycology
Opthalmology, Otology, Rhinology and Laryngology
Pediatrics

ARTICLE III
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION
OF PHYSICIANS
Section 8. Prerequisite to the practice of medicine. No person
shall engage in the practice of medicine in the Philippines
unless he is at least twenty-one years of age, has satisfactorily
passed the corresponding Board Examination, and is a holder
of a valid Certificate of Registration duly issued to him by the
Board of Medical Examiners.

Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Medical Jurisprudence and
Ethics.
Section 7. Admission requirements. The medical college may
admit any student to its first year class who has not been
convicted by any court of competent jurisdiction of any offense
involving moral turpitude, and who presents (a) a certificate
showing completion of a standard high school course, (b) a
record showing completion of a standard preparatory medical
course as herein provided, (c) a certificate of registration as
medical student, (d) a certificate of good moral character
issued by two former professors in the pre-medicine course,
and (e) birth certificate and marriage certificate, if any. Nothing
in this Act shall be construed to inhibit any college of medicine
from establishing, in addition to the preceding, other entrance
requirements that may be deemed admissible.
For the purposes of this Act, the term "College of Medicine"
shall mean to include faculty of medicine, institute of medicine,
school of medicine or other similar institution offering a
complete medical course leading to the degree of Doctor of
Medicine or its equivalent.
Every college of medicine must keep a complete record of
enrollment, grades and turnover, and must publish each year a
catalogue giving the following information:

Section 9. Candidates for board examination. Candidates for

Board examinations shall have the following qualifications:
(1) He shall be a citizen of the Philippines or a citizen
of any foreign country who has submitted competent
and conclusive documentary evidence, confirmed by
the Department of Foreign Affairs, showing that his
country's existing laws permit citizens of the
Philippines to practice medicine under the same rules
and regulations governing citizens thereof;
(2) He shall be of good moral character, showing for
this purpose certificate of civil status;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of
competent jurisdiction of any offense involving moral
turpitude; and
(5) He shall be a holder of the degree of Doctor of
Medicine or its equivalent, conferred by a college of
medicine duly recognized by the Department of
Education.
Section 10. Acts constituting practice of medicine. A person
shall be considered as engaged in the practice of medicine (a)
who shall, for compensation, fee, salary or reward in any form,
paid to him directly or through another, or even without the
same, physical examine any person, and diagnose, treat,
operate or prescribe any remedy for any human disease,

injury, deformity, physical, mental or physical condition or any

ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or
recommended; or (b) who shall, by means of signs, cards,
advertisements, written or printed matter, or through the radio,
television or any other means of communication, either offer or
undertake by any means or method to diagnose, treat, operate
or prescribe any remedy for any human disease, injury,
deformity, physical, mental or physical condition; or (c) who
shall use the title M.D. after his name.
Section 11. Exemptions. The preceding section shall not be
construed to affect (a) any medical student duly enrolled in an
approved medical college or school under training, serving
without any professional fee in any government or private
hospital, provided that he renders such service under the direct
supervision and control of a registered physician; (b) any
legally registered dentist engaged exclusively in the practice of
dentistry; (c) any duly registered masseur or physiotherapist,
provided that he applies massage or other physical means
upon written order or prescription of a duly registered
physician, or provided that such application of massage or
physical means shall be limited to physical or muscular
development; (d) any duly registered optometrist who
mechanically fits or sells lenses, artificial eyes, limbs or other
similar appliances or who is engaged in the mechanical
examination of eyes for the purpose of constructing or
adjusting eye glasses, spectacles and lenses; (e) any person
who renders any service gratuitously in cases of emergency, or
in places where the services of a duly registered physician,
nurse or midwife are not available; (f) any person who
administers or recommends any household remedy as per
classification of existing Pharmacy Laws; and (g) any
psychologist or mental hygienist in the performance of his
duties, provided such performance is done in conjunction with
a duly registered physician.
Section 12. Limited practice without any certificate of
registration. Certificates of registration shall not be required of
the following persons:
(a) Physicians and surgeons from other countries
called in consultation only and exclusively in specific
and definite cases, or those attached to international
bodies or organization assigned to perform certain
definite work in the Philippines provided they shall
limit their practice to the specific work assigned to
them and provided further they shall secure a
previous authorization from the Board of Medical
Examiners.
(b) Commissioned medical officers of the United
States armed forces stationed in the Philippines while
rendering service as such only for the members of the
said armed forces and within the limit of their own
respective territorial jurisdiction.
(c) Foreign physicians employed as exchange
professors in special branches of medicine or surgery
whose service may in the discretion of the Board of
Medical Education, be necessary.
(d) Medical students who have completed the first
four years of medical course, graduates of medicine
and registered nurses who may be given limited and
special authorization by the Secretary of Health to
render medical services during epidemics or national

emergencies whenever the services of duly registered

physicians are not available. Such authorization shall
automatically cease when the epidemic or national
emergency is declared terminated by the Secretary of
Health.
Section 13. The Board of Medical Examiners, its composition
and duties. The Board of Medical Examiners shall be
composed of six members to be appointed by the President of
the Philippines from a confidential list of not more than twelve
names approved and submitted by the executive council of the
Philippine Medical Association, after due consultation with
other medical associations, during the months of April and
October of each year. The chairman of the Board shall be
elected from among themselves by the member at a meeting
called for the purpose. The President of the Philippines shall fill
any vacancy that may occur during any examination from the
list of names submitted by the Philippine Medical Association
in accordance with the provisions of this Act.
No examiner shall handle the examinations in more than four
subjects or groups of subjects as hereinafter provided. The
distribution of subject to each member shall be agreed upon at
a meeting called by the chairman for the purpose. The
examination papers shall be under the custody of the
Commissioner of Civil Service or his duly authorized
representative, and shall be distributed to each member of the
Board who shall correct, grade, and sign, and submit them to
the said Commissioner within one hundred twenty days from
the date of the termination of the examinations.
A final meeting of the Board for the deliberation and approval
of the grades shall be called by the Commissioner of Civil
Service immediately after receipt of the records from the
members of the Board of Medical Examiners. The secretary of
the Board shall submit to the President of the Philippines for
approval the names of the successful candidates as having
been duly qualified for licensure in alphabetical order, without
stating the ratings obtained by each.
Section 14. Qualifications of examiners. No person shall be
appointed a member of the Board of Medical Examiners unless
he or she (1) is a natural-born citizen of the Philippines, (2) is a
duly registered physician in the Philippines, (3) has been in the
practice of medicine for at least ten years, (4) is of good moral
character and of recognized standing in the medical
profession, (5) is not a member of the faculty of any medical
school and has no pecuniary interest, directly or indirectly, in
any college of medicine or in any institution where any branch
of medicine is taught, at the time of his appointment: Provided,
That of the six members to be appointed, not more than two
shall be graduates of the same institution and not more than
three shall be government physicians.
Section 15. Tenure of office and compensation of
members. The members of the Board of Medical Examiners
shall hold office for one year: Provided, That any member may
be reappointed for not more than one year. Each member shall
receive as compensation ten pesos for each candidate
examined for registration as physician, and five pesos for each
candidate examined in the preliminary or final physician
examination.
The President of the Philippines, upon the recommendation of
the Commissioner of Civil Service , after due investigation,
may remove any member of the Board of Medical Examiners

for neglect of duty, incompetency, or unprofessional or

dishonorable conduct.

of the compensation of the members thereof. No fees other

than those provided herein shall be paid to the Board.

Section 16. Executive Officer and Secretary of the Board. The

Secretary of the Boards of Examiners appointed in accordance
with section ten of Act Numbered Four thousand seven, as
amended, shall also be the secretary of the Board of Medical
Examiners, who shall keep all the records, including
examination papers, and the minutes of the deliberations of the
Board. He shall also keep a register of all persons to whom
certificates of registration has been granted; set forth the
name, sec, age, and place of birth of each, place of business,
post office address, the name of the medical college or
university from which he graduated or in which he had studied,
together with time spent in the study of the profession
elsewhere, the name of the country where the institution is
located which had granted to him the degree or certificate of
attendance upon clinic and all lectures in medicine and
surgery, and all other degrees granted to him from institutions
of learning. He shall keep an up-to-date registration book of all
duly registered physicians in the Philippines. He shall furnish
copies of all examination questions and ratings in each subject
of the respective candidates in the physicians examination,
one month after the release of the list of successful examinees,
to the deans of the different colleges of medicine exclusively
for the information and guidance of the faculties thereof. This
report shall be considered as restricted information. Any school
which violates this rule shall be deprived of such privilege. The
secretary of the Board shall likewise keep a record of all
registered medical students. He shall keep all the records and
proceedings, and issue and receive all papers in connection
with any and all complaints presented to the Board.

Section 20. Issuance of Certificate of Registration, grounds for

refusal of same. The Commissioner of Civil Service and the
secretary of the Board of Medical Examiners shall sign jointly
and issue certificates of registration to those who have
satisfactorily complied with the requirements of the Board.
They shall not issue a certificate of registration to any
candidate who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude, or
has been found guilty of immoral or dishonorable conduct after
he due investigation by the Board of Medical Examiners, or
has been declared to be of unsound mind.

Section 17. Rules and regulations. The Board of Medical

Examiners, with the approval of the Commissioner of Civil
Service, shall promulgate such rules and regulations as may
be necessary for the proper conduct of the examinations,
correction of examination papers, and registration of
physicians. The Commissioner shall supervise each Board
examination and enforce the said rules and regulations. These
rules and regulations shall take effect fifteen days after the
date of their publication in the Official Gazette and shall not be
changed within sixty days immediately before any examination.
Such rules and regulations shall be printed and distributed for
the information and guidance of all concerned.
Section 18. Dates of examinations. The Board of Medical
Examiners shall give examinations for the registration of
physicians, one in May and one in November every year, in the
City of Manila or any of its suburbs after giving not less than
ten days' notice to each candidate who had filed his name and
address with the secretary of the Board.

Section 21. Scope of examination. The examination for the

registration of physicians shall consist of the following subjects:
(1) Anatomy and Histology, (2) Physiology, (3) Biochemistry,
(4) Microbiology and Parasitology, (5) Pharcology and
Therapeutics, (6) Pathology, (7) Medicine, (8) Obstetrics and
Gynecology, (9) Pediatrics and Nutrition, (10) Surgery and
Opthalmology, Otolaryngology and Rhinology, (11) Preventive
Medicine and Public Health, and (12) Legal Medicine, Ethics
and Medical Jurisprudence: Provided, however, That the
examination questions in each subject or group of subject shall
at least be ten in number: Provided, further, That the
examination questions in Medicine shall include at least three
from the following branches: Infectious diseases, Neurology,
Dermatology, Allergy, Endocrinology and Cardio-Vascular
diseases: Provided, finally, That the examination questions in
Surgery shall include at least four questions from the following:
Opthalmology, Otology, Rhinology, Laryngology, Orthopedic
Surgery and Anesthesiology.
The questions shall be the same for all applicants. All answers
must be written either in English or Spanish. No name of the
examinee shall appear in the examination paper but the
examiners shall devise a system whereby each applicant can
be identified by number only.
In order that a candidate may be deemed to have passed his
examination successfully he must have obtained a general
average of seventy-five per cent without a grade lower than
sixty-five per cent in Medicine, Pediatrics and Nutrition,
Obstetrics and Gynecology, and Preventive Medicine and
Public Health, and no grade lower than fifty per cent in the rest
of the subjects.
The preliminary examinations shall comprise of the following
subjects:
(1) Gross Anatomy and Histology

Section 19. Fees. The secretary of the Board, under the

supervision of the Commissioner of Civil Service, shall collect
from each candidate the following fees:

(2) Physiology
(3) Biochemistry

For registration as medical student

P 5.00

For complete physician examination

75.00

For preliminary or final examination

40.00

For registration as physician

20.00

All fees paid as provided herein shall accrue to the funds of the
Board of Medical Examiners and be expended for the payment

(4) Microbiology and Parasitology

Section 22. Administrative investigations. In addition to the
functions provided for in the preceding sections, the Board of
Medical Examiners shall perform the following duties: (1) to
administer oath to physicians who qualified in the examination;
(2) to study the conditions affecting the practice of medicine in
all parts of the Philippines; (3) to exercise the powers conferred
upon it by this article with the view of maintaining the ethical

and professional standards of the medical profession; (4) to

subpoena or subpoena duces tecum witnesses for all purposes
required in the discharge of its duties; and (5) to promulgate,
with the approval of the Commissioner of Civil Service, such
rules and regulations as it may deem necessary for the
performance of its duties in harmony with the provisions of this
Act and necessary for the proper practice of medicine in the
Philippines.
Administrative investigations may be conducted by not less
than four members of the Board of Medical Examiners;
otherwise the proceedings shall be considered void. The
existing rules of evidence shall be observed during all
administrative investigations. The Board may disapprove
applications for examination or registration, reprimand erring
physicians, or suspend or revoke registration certificates, if the
respondents are found guilty after due investigations.
Section 23. Procedure and rules. Within five days after the
filling of written charges under oath, the respondent physician
shall be furnished a copy thereof, without requiring him or her
to answer the same, and the Board shall conduct the
investigation within five days after the receipt of such copy by
the respondent. The investigation shall be completed as soon
as practicable.
Section 24. Grounds for reprimand, suspension or revocation
of registration certificate. Any of the following shall be sufficient
ground for reprimanding a physician, or for suspending or
revoking a certificate of registration as physician:
(1) Conviction by a court of competent jurisdiction of
any criminal offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of
registration;
(5) Gross negligence, ignorance or incompetence in
the practice of his or her profession resulting in an
injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit
forming drug rendering him or her incompetent to
practice his or her profession, or to any form of
gambling;
(7) False or extravagant or unethical advertisements
wherein other things than his name, profession,
limitation of practice, clinic hours, office and home
address, are mentioned.

(11) Aiding or acting as a dummy of an unqualified or

unregistered person to practice medicine;
(12) Violation of any provision of the Code of Ethics
as approved by the Philippine Medical Association.
Refusal of a physician to attend a patient in danger of death is
not a sufficient ground for revocation or suspension of his
registration certificate if there is a risk to the physician's life.
Section 25. Rights of respondents. The respondent physician
shall be entitled to be represented by counsel or be heard by
himself or herself, to have a speedy and public hearing, to
confront and to cross-examine witnesses against him or her,
and to all other rights guaranteed by the Constitution and
provided for in the Rules of Court.
Section 26. Appeal from judgment. The decision of the Board
of Medical Examiners shall automatically become final thirty
days after the date of its promulgation unless the respondent,
during the same period, has appealed to the Commissioner of
Civil Service and later to the Office of the President of the
Philippines. If the final decision is not satisfactory, the
respondent may ask for a review of the case, or may file in
court a petition for certiorari.
Section 27. Reinstatement. After two years, the Board may
order the reinstatement of any physicians whose certificate of
registration has been revoked, if the respondent has acted in
an exemplary manner in the community wherein he resides
and has not committed any illegal, immoral or dishonorable
act.
ARTICLE IV
PENAL AND OTHER PROVISIONS
Section 28. Penalties. Any person found guilty of "illegal
practice of medicine" shall be punished by a fine of not less
than one thousand pesos nor more than ten thousand pesos
with subsidiary imprisonment in case of insolvency, or by
imprisonment of not less than one year nor more than five
years, or by both such fine and imprisonment, in the discretion
of the court.
Section 29. Injunctions. The Board of Medical Examiners may
file an action to enjoin any person illegally practicing medicine
from the performance of any act constituting practice of
medicine if the case so warrants until the necessary certificate
therefore is secured. Any such person who, after having been
so enjoined, continues in the illegal practice of medicine shall
be punished for contempt of court. The said injunction shall not
relieve the person practicing medicine without certificate of
registration from criminal prosecution and punishment as
provided in the preceding section.

(9) Knowingly issuing any false medical certificate;

Section 30. Appropriation. To carry out the provisions of this

Act, there is hereby appropriated, out of any funds in the
National Treasury not otherwise appropriated, the sum of
twenty thousand pesos.

(10) Issuing any statement or spreading any news or

rumor which is derogatory to the character and
reputation of another physician without justifiable
motive;

Section 31. Repealing clause. All Acts, executive orders,

administrative orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or
modified accordingly.

(8) Performance of or aiding in any criminal abortion;

Section 32. Effectivity. This Act shall take effect upon its
approval: Provided, That if it is approved during the time when
examinations for physicians are held, it shall take effect
immediately after the said examinations: Provided, further,
That section six of this Act shall take effect at the beginning of
the academic year nineteen hundred sixty to nineteen hundred
sixty-one, and the first paragraph of section seven shall take
effect four years thereafter.

(c)
Be a registered nurse and holder of a master's degree
in nursing, education or other allied medical profession
conferred by a college or university duly recognized by the
Government: Provided, That the majority of the Members of
the Board shall be holders of a master's degree in nursing:
Provided, further, That the Chairperson shall be a holder of a
master's degree in nursing;

Approved: June 20, 1959

(d)
Have at least ten (10) years of continuous practice of
the profession prior to appointment: Provided, however, That
the last five (5) years of which shall be in the Philippines; and

REPUBLIC ACT NO. 9173

(e)
Not have been convicted of any offense involving
moral turpitude; Provided, That the membership to the Board
shall represent the three (3) areas of nursing, namely: nursing
education, nursing service and community health nursing.

AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING

PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC
ACT NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE
NURSING ACT OF 1991" AND FOR OTHER PURPOSES
ARTICLE I
Title
SECTION 1.
Title. This Act shall be known as the
"Philippine Nursing Act of 2002."
ARTICLE II
Declaration of Policy

SECTION 5.
Requirements Upon Qualification as Member
of the Board of Nursing. Any person appointed as
Chairperson or Member of the Board shall immediately resign
from any teaching position in any school, college, university or
institution offering Bachelor of Science in Nursing and/or
review program for the local nursing board examinations or in
any office or employment in the government or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries as well as those employed in the private sector.
He/she shall not have any pecuniary interest in or
administrative supervision over any institution offering Bachelor
of Science in Nursing including review classes.

SECTION 2.
Declaration of Policy. It is hereby declared
the policy of the State to assume responsibility for the
protection and improvement of the nursing profession by
instituting measures that will result in relevant nursing
education, humane working conditions, better career prospects
and a dignified existence for our nurses. DaAETS

SECTION 6.
Term of Office. The Chairperson and
Members of the Board shall hold office for a term of three (3)
years and until their successors shall have been appointed and
qualified: Provided, That the Chairperson and Members of the
Board may be reappointed for another term.

The State hereby guarantees the delivery of quality basic

health services through an adequate nursing personnel system
throughout the country.

Any vacancy in the Board occurring within the term of a

Member shall be filled for the unexpired portion of the term
only. Each Member of the Board shall take the proper oath of
office prior to the performance of his/her duties.

ARTICLE III
Organization of the Board of Nursing
SECTION 3.
Creation and Composition of the Board.
There shall be created a Professional Regulatory Board of
Nursing, hereinafter referred to as the Board, to be composed
of a Chairperson and six (6) members. They shall be appointed
by the President of the Republic of the Philippines from among
two (2) recommendees, per vacancy, of the Professional
Regulation Commission, hereinafter referred to as the
Commission, chosen and ranked from a list of three (3)
nominees, per vacancy, of the accredited professional
organization of nurses in the Philippines who possess the
qualifications prescribed in Section 4 of this Act.
SECTION 4.
Qualifications of the Chairperson and
Members of the Board. The Chairperson and Members of
the Board shall, at the time of their appointment, possess the
following qualifications:
(a)
Be a natural born citizen and resident of the
Philippines;
(b)
Be a member of good standing of the accredited
professional organization of nurses;

The incumbent Chairperson and Members of the Board shall

continue to serve for the remainder of their term under
Republic Act No. 7164 until their replacements have been
appointed by the President and shall have been duly qualified.
HIaTCc
SECTION 7.
Compensation of Board Members. The
Chairperson and Members of the Board shall receive
compensation and allowances comparable to the
compensation and allowances received by the Chairperson
and members of other professional regulatory boards.
SECTION 8.
Administrative Supervision of the Board,
Custodian of its Records, Secretariat and Support Services.
The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications
for examinations, administrative and other investigative cases
conducted by the Board shall be under the custody of the
Commission. The Commission shall designate the Secretary of
the Board and shall provide the secretariat and other support
services to implement the provisions of this Act.
SECTION 9.
Powers and Duties of the Board. The
Board shall supervise and regulate the practice of the nursing

profession and shall have the following powers, duties and

functions:
(a)

Conduct the licensure examination for nurses;

(b)
Issue, suspend or revoke certificates of registration
for the practice of nursing;
(c)
Monitor and enforce quality standards of nursing
practice in the Philippines and exercise the powers necessary
to ensure the maintenance of efficient, ethical and technical,
moral and professional standards in the practice of nursing
taking into account the health needs of the nation;
(d)
Ensure quality nursing education by examining the
prescribed facilities of universities or colleges of nursing or
departments of nursing education and those seeking
permission to open nursing courses to ensure that standards of
nursing education are properly complied with and maintained
at all times. The authority to open and close colleges of nursing
and/or nursing education programs shall be vested on the
Commission on Higher Education upon the written
recommendation of the Board;
(e)
Conduct hearings and investigations to resolve
complaints against nurse practitioners for unethical and
unprofessional conduct and violations of this Act, or its rules
and regulations and in connection therewith, issue subpoena
ad testificandum and subpoena duces tecum to secure the
appearance of respondents, and witnesses and the production
of documents and punish with contempt persons obstructing,
impeding and/or otherwise interfering with the conduct of such
proceedings, upon application with the court; STECDc
(f)
Promulgate a Code of Ethics in coordination and
consultation with the accredited professional organization of
nurses within one (1) year from the effectivity of this Act;
(g)
Recognize nursing specialty organizations in
coordination with the accredited professional organization; and
(h)
Prescribe, adopt, issue and promulgate guidelines,
regulations, measures and decisions as may be necessary for
the improvement of the nursing practice, advancement of the
profession and for the proper and full enforcement of this Act
subject to the review and approval by the Commission.
SECTION 10.
Annual Report. The Board shall at the
close of its calendar year submit an annual report to the
President of the Philippines through the Commission giving a
detailed account of its proceedings and the accomplishments
during the year and making recommendations for the adoption
of measures that will upgrade and improve the conditions
affecting the practice of the nursing profession.
SECTION 11.
Removal or Suspension of Board Members.
The President may remove or suspend any member of the
Board after having been given the opportunity to defend
himself/herself in a proper administrative investigation, on the
following grounds:
(a)

Continued neglect of duty or incompetence;

(b)
Commission or toleration of irregularities in the
licensure examination; and
(c)

Unprofessional, immoral or dishonorable conduct.

ARTICLE IV
Examination and Registration
SECTION 12.
Licensure Examination. All applicants for
license to practice nursing shall be required to pass a written
examination, which shall be given by the Board in such places
and dates as may be designated by the Commission:
Provided, That it shall be in accordance with Republic Act No.
8981, otherwise known as the "PRC Modernization Act of
2000."
SECTION 13.
Qualifications for Admission to the Licensure
Examination. In order to be admitted to the examination for
nurses, an applicant must, at the time of filing his/her
application, establish to the satisfaction of the Board that:
(a)
He/she is a citizen of the Philippines, or a citizen or
subject of a country which permits Filipino nurses to practice
within its territorial limits on the same basis as the subject or
citizen of such country: Provided, That the requirements for the
registration or licensing of nurses in said country are
substantially the same as those prescribed in this Act;
aDcETC
(b)

He/she is of good moral character; and

(c)
He/she is a holder of a Bachelor's Degree in Nursing
from a college or university that complies with the standards of
nursing education duly recognized by the proper government
agency.
SECTION 14.
Scope of Examination. The scope of the
examination for the practice of nursing in the Philippines shall
be determined by the Board. The Board shall take into
consideration the objectives of the nursing curriculum, the
broad areas of nursing, and other related disciplines and
competencies in determining the subjects of examinations.
SECTION 15.
Ratings. In order to pass the examination,
an examinee must obtain a general average of at least
seventy-five percent (75%) with a rating of not below sixty
percent (60%) in any subject. An examinee who obtains an
average rating of seventy-five percent (75%) or higher but gets
a rating below sixty percent (60%) in any subject must take the
examination again but only in the subject or subjects where
he/she is rated below sixty percent (60%). In order to pass the
succeeding examination, an examinee must obtain a rating of
at least seventy-five percent (75%) in the subject or subjects
repeated.
SECTION 16.
Oath. All successful candidates in the
examination shall be required to take an oath of profession
before the Board or any government official authorized to
administer oaths prior to entering upon the nursing practice.
SECTION 17.
Issuance of Certificate of
Registration/Professional License and Professional
Identification Card. A certificate of registration/professional
license as a nurse shall be issued to an applicant who passes
the examination upon payment of the prescribed fees. Every
certificate of registration/professional license shall show the full
name of the registrant, the serial number, the signature of the
Chairperson of the Commission and of the Members of the
Board, and the official seal of the Commission.

A professional identification card, duly signed by the

Chairperson of the Commission, bearing the date of
registration, license number, and the date of issuance and
expiration thereof shall likewise be issued to every registrant
upon payment of the required fees.
SECTION 18.
Fees for Examination and Registration.
Applicants for licensure and for registration shall pay the
prescribed fees set by Commission.
SECTION 19.
Automatic Registration of Nurses. All
nurses whose names appear at the roster of nurses shall be
automatically or ipso facto registered as nurses under this Act
upon its effectivity. ESTcIA
SECTION 20.
Registration by Reciprocity. A certificate
of registration/professional license may be issued without
examination to nurses registered under the laws of a foreign
state or country: Provided, That the requirements for
registration or licensing of nurses in said country are
substantially the same as those prescribed under this Act:
Provided, further, That the laws of such state or country grant
the same privileges to registered nurses of the Philippines on
the same basis as the subjects or citizens of such foreign state
or country.
SECTION 21.
Practice Through Special/Temporary Permit.
A special/temporary permit may be issued by the Board to
the following persons subject to the approval of the
Commission and upon payment of the prescribed fees:
(a)
Licensed nurses from foreign countries/states whose
service are either for a fee or free if they are internationally
well-known specialists or outstanding experts in any branch or
specialty of nursing;
(b)
Licensed nurses from foreign countries/states on
medical mission whose services shall be free in a particular
hospital, center or clinic; and

(a)
For any of the causes mentioned in the preceding
section;
(b)

For unprofessional and unethical conduct; TaDIHc

(c)

For gross incompetence or serious ignorance;

(d)
For malpractice or negligence in the practice of
nursing;
(e)
For the use of fraud, deceit, or false statements in
obtaining a certificate of registration/professional license or a
temporary/special permit;
(f)
For violation of this Act, the rules and regulations,
Code of Ethics for nurses and technical standards for nursing
practice, policies of the Board and the Commission, or the
conditions and limitations for the issuance of the
temporary/special permit; or
(g)
For practicing his/her profession during his/her
suspension from such practice;
Provided, however, That the suspension of the certificate of
registration/professional license shall be for a period not to
exceed four (4) years.
SECTION 24.
Re-issuance of Revoked Certificates and
Replacement of Lost Certificates. The Board may, after the
expiration of a maximum of four (4) years from the date of
revocation of a certificate, for reasons of equity and justice and
when the cause for revocation has disappeared or has been
cured and corrected, upon proper application therefor and the
payment of the required fees, issue another copy of the
certificate of registration/professional license.
A new certificate of registration/professional license to replace
the certificate that has been lost, destroyed or mutilated may
be issued, subject to the rules of the Board.
ARTICLE V

(c)
Licensed nurses from foreign countries/states
employed by schools/colleges of nursing as exchange
professors in a branch or specialty of nursing;
Provided, however, That the special/temporary permit shall be
effective only for the duration of the project, medical mission or
employment contract.
SECTION 22.
Non-registration and Non-issuance of
Certificates of Registration/Professional License or
Special/Temporary Permit. No person convicted by final
judgment of any criminal offense involving moral turpitude or
any person guilty of immoral or dishonorable conduct or any
person declared by the court to be of unsound mind shall be
registered and be issued a certificate of
registration/professional license or a special/temporary permit.
The Board shall furnish the applicant a written statement
setting forth the reasons for its actions, which shall be
incorporated in the records of the Board.
SECTION 23.
Revocation and Suspension of Certificate of
Registration/Professional License and Cancellation of
Special/Temporary Permit. The Board shall have the power
to revoke or suspend the certificate of registration/professional
license or cancel the special/temporary permit of a nurse upon
any of the following grounds:

Nursing Education
SECTION 25.
Nursing Education Program. The nursing
education program shall provide sound general and
professional foundation for the practice of nursing.
The learning experiences shall adhere strictly to specific
requirements embodied in the prescribed curriculum as
promulgated by the Commission on Higher Education's policies
and standards of nursing education.
SECTION 26.
Requirement for Inactive Nurses Returning
to Practice. Nurses who have not actively practiced the
profession for five (5) consecutive years are required to
undergo one (1) month of didactic training and three (3)
months of practicum. The Board shall accredit hospitals to
conduct the said training program. HaECDI
SECTION 27.
Qualifications of the Faculty. A member of
the faculty in a college of nursing teaching professional
courses must:
(a)

Be a registered nurse in the Philippines;

(b)
Have at least one (1) year of clinical practice in a field
of specialization;

(c)
Be a member of good standing in the accredited
professional organization of nurses; and
(d)
Be a holder of a master's degree in nursing,
education, or other allied medical and health sciences
conferred by a college or university duly recognized by the
Government of the Republic of the Philippines.
In addition to the aforementioned qualifications, the dean of a
college must have a master's degree in nursing. He/she must
have at least five (5) years of experience in nursing.
ARTICLE VI
Nursing Practice
SECTION 28.
Scope of Nursing. A person shall be
deemed to be practicing nursing within the meaning of this Act
when he/she singly or in collaboration with another, initiates
and performs nursing services to individuals, families and
communities in any health care setting. It includes, but not
limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, pre-school, school age,
adolescence, adulthood and old age. As independent
practitioners, nurses are primarily responsible for the
promotion of health and prevention of illness. As members of
the health team, nurses shall collaborate with other health care
providers for the curative, preventive, and rehabilitative
aspects of care, restoration of health, alleviation of suffering,
and when recovery is not possible, towards a peaceful death. It
shall be the duty of the nurse to:
(a)
Provide nursing care through the utilization of the
nursing process. Nursing care includes, but not limited to,
traditional and innovative approaches, therapeutic use of self,
executing health care techniques and procedures, essential
primary health care, comfort measures, health teachings, and
administration of written prescription for treatment, therapies,
oral, topical and parenteral medications, internal examination
during labor in the absence of antenatal bleeding and delivery.
In case of suturing of peroneal laceration, special training shall
be provided according to protocol established;
(b)
Establish linkages with community resources and
coordination with the health team;
(c)
Provide health education to individuals, families and
communities;
(d)
Teach, guide and supervise students in nursing
education programs including the administration of nursing
services in varied settings such as hospitals and clinics;
undertake consultation services; engage in such activities that
require the utilization of knowledge and decision-making skills
of a registered nurse; and AHaETS
(e)
Undertake nursing and health human resource
development training and research, which shall include, but not
limited to, the development of advance nursing practice;
Provided, That this section shall not apply to nursing students
who perform nursing functions under the direct supervision of a
qualified faculty: Provided, further, That in the practice of
nursing in all settings, the nurse is duty-bound to observe the
Code of Ethics for nurses and uphold the standards of safe
nursing practice. The nurse is required to maintain competence
by continual learning through continuing professional education

to be provided by the accredited professional organization or

any recognized professional nursing organization: Provided,
finally, That the program and activity for the continuing
professional education shall be submitted to and approved by
the Board.
SECTION 29.
Qualifications of Nursing Service
Administrators. A person occupying supervisory or
managerial positions requiring knowledge of nursing must:
(a)

Be a registered nurse in the Philippines;

(b)
Have at least two (2) years experience in general
nursing service administration;
(c)
Possess a degree of Bachelor of Science in Nursing,
with at least nine (9) units in management and administration
courses at the graduate level; and
(d)
Be a member of good standing of the accredited
professional organization of nurses;
Provided, That a person occupying the position of chief nurse
or director of nursing service shall, in addition to the foregoing
qualifications, possess:
(1)
At least five (5) years of experience in a supervisory
or managerial position in nursing; and
(2)

A master's degree major in nursing;

Provided, further, That for primary hospitals, the maximum

academic qualifications and experiences for a chief nurse shall
be as specified in subsections (a), (b), and (c) of this section:
Provided, furthermore, That for chief nurses in the public health
agencies, those who have a master's degree in public
health/community health nursing shall be given priority.
Provided, even further, That for chief nurses in military
hospitals, priority shall be given to those who have finished a
master's degree in nursing and the completion of the General
Staff Course (GSC): Provided, finally, That those occupying
such positions before the effectivity of this Act shall be given a
period of five (5) years within which to qualify. cDEICH
ARTICLE VII
Health Human Resource Production, Utilization and
Development
SECTION 30.
Studies for Nursing Manpower Needs,
Production, Utilization and Development. The Board, in
coordination with the accredited professional organization and
appropriate government or private agencies shall initiate,
undertake and conduct studies on health human resource
production, utilization and development.
SECTION 31.
Comprehensive Nursing Specialty Program.
Within ninety (90) days from the effectivity of this Act, the
Board in coordination with the accredited professional
organization, recognized specialty organizations and the
Department of Health is hereby mandated to formulate and
develop a comprehensive nursing specialty program that would
upgrade the level of skill and competence of specialty nurse
clinicians in the country, such as but not limited to the areas of
critical care, oncology, renal and such other areas as may be
determined by the Board.

The beneficiaries of this program are obliged to serve in any

Philippine hospital for a period of at least two (2) years of
continuous service.
SECTION 32.
Salary. In order to enhance the general
welfare, commitment to service and professionalism of nurses,
the minimum base pay of nurses working in the public health
institutions shall not be lower than salary grade 15 prescribed
under Republic Act No. 6758, otherwise known as the
"Compensation and Classification Act of 1989": Provided, That
for nurses working in local government units, adjustments to
their salaries shall be in accordance with Section 10 of the said
law.
SECTION 33.
Funding for the Comprehensive Nursing
Specialty Program. The annual financial requirement
needed to train at least ten percent (10%) of the nursing staff
of the participating government hospital shall be chargeable
against the income of the Philippine Charity Sweepstakes
Office and the Philippine Amusement and Gaming Corporation,
which shall equally share in the costs and shall be released to
the Department of Health subject to accounting and auditing
procedures: Provided, That the Department of Health shall set
the criteria for the availment of this program.
SECTION 34.
Incentives and Benefits. The Board of
Nursing, in coordination with the Department of Health and
other concerned government agencies, association of hospitals
and the accredited professional organization shall establish an
incentive and benefit system in the form of free hospital care
for nurses and their dependents, scholarship grants and other
non-cash benefits. The government and private hospitals are
hereby mandated to maintain the standard nurse-patient ratio
set by the Department of Health. DECcAS
ARTICLE VIII
Penal and Miscellaneous Provisions
SECTION 35.
Prohibitions in the Practice of Nursing. A
fine of not less than Fifty thousand pesos (P50,000,00) nor
more than One hundred thousand pesos (P100,000.00) or
imprisonment of not less than one (1) year nor more than six
(6) years, or both, upon the discretion of the court, shall be
imposed upon:
(a)
any person practicing nursing in the Philippines within
the meaning of this Act:
(1)
without a certificate of registration/professional license
and professional identification card or special temporary permit
or without having been declared exempt from examination in
accordance with the provision of this Act; or
(2)
who uses as his/her own certificates of
registration/professional license and professional identification
card or special temporary permit of another; or
(3)
who uses an invalid certificate of
registration/professional license, a suspended or revoked
certificate of registration/professional license, or an expired or
cancelled special/temporary permit; or
(4)
who gives any false evidence to the Board in order to
obtain a certificate of registration/professional license, a
professional identification card or special permit; or

(5)
who falsely poses or advertises as a registered and
licensed nurse or uses any other means that tend to convey
the impression that he/she is a registered and licensed nurse;
or
(6)
who appends B.S.N./R.N. (Bachelor of Science in
Nursing/Registered Nurse) or any similar appendage to his/her
name without having been conferred said degree or
registration; or
(7)
who, as a registered and licensed nurse, abets or
assists the illegal practice of a person who is not lawfully
qualified to practice nursing.
(b)
any person or the chief executive officer of a juridical
entity who undertakes in-service educational programs or who
conducts review classes for both local and foreign examination
without permit/clearance from the Board and the Commission;
or
(c)
any person or employer of nurses who violate the
minimum base pay of nurses and the incentives and benefits
that should be accorded them as specified in Sections 32 and
34; or cHTCaI
(d)
any person or the chief executive officer of a juridical
entity violating any provision of this Act and its rules and
regulations.
ARTICLE IX
Final Provisions
SECTION 36.
Enforcement of this Act. It shall be the
primary duty of the Commission and the Board to effectively
implement this Act. Any duly law enforcement agencies and
officers of national, provincial, city or municipal governments
shall, upon the call or request of the Commission or the Board,
render assistance in enforcing the provisions of this Act and to
prosecute any persons violating the same.
SECTION 37.
Appropriations. The Chairperson of the
Professional Regulation Commission shall immediately include
in its program and issue such rules and regulations to
implement the provisions of this Act, the funding of which shall
be included in the Annual General Appropriations Act.
SECTION 38.
Rules and Regulations. Within ninety (90)
days after the effectivity of this Act, the Board and the
Commission, in coordination with the accredited professional
organization, the Department of Health, the Department of
Budget and Management and other concerned government
agencies, shall formulate such rules and regulations necessary
to carry out the provisions of this Act. The implementing rules
and regulations shall be published in the Official Gazette or in
any newspaper of general circulation.
SECTION 39.
Separability Clause. If any part of this Act
is declared unconstitutional, the remaining parts not affected
thereby shall continue to be valid and operational.
SECTION 40.
Repealing Clause. Republic Act No. 7164,
otherwise known as the "Philippine Nursing Act of 1991" is
hereby repealed. All other laws, decrees, orders, circulars,
issuances, rules and regulations and parts thereof which are
inconsistent with this Act are hereby repealed; amended or
modified accordingly. ACHEaI

SECTION 41.
Effectivity. This Act shall take effect fifteen
(15) days upon its publication in the Official Gazette or in any
two (2) newspapers of general circulation in the Philippines.
Approved: October 21, 2002
Published in the Manila Times on October 25, 2002 and Manila
Bulletin on November 5, 2002. Published in the Official
Gazette, Vol. 99 No. 3 page 336 on January 20, 2003.
C o p y r i g h t 2 0 0 5 C D T e c h n o l o g i e s A s i a, I n
c.

REPUBLIC ACT NO. 4419

AN ACT TO REGULATE THE PRACTICE OF DENTISTRY IN
THE PHILIPPINES, AND FOR OTHER PURPOSES
ARTICLE I
Title of Act
SECTION 1.
Title of Act. This Act shall be known as
"The Philippine Dental Act of 1965."
ARTICLE II
Objectives and Implementation
SECTION 2.
Objectives. This Act provides for (a) the
regulation, control and supervision of the practice of dentistry
in the Philippines; (b) the giving of licensure examinations to
graduates of recognized dental schools for the purpose of
registration; (c) the regulation and standardization of dental
education; (d) the promotion and development of dental
research in the country; and (e) the stipulation of penalties for
infractions or violations of this Act, or any other laws, rules and
regulations authorized under the provisions of this Act.
SECTION 3.
Implementation. For the purpose of
attaining or carrying out the objectives of this Act, and in order
to implement the other provisions thereof, there are created the
following agencies: (a) The Board of Dental Examiners; (b) The
Council on Dental Education; and (c) The Council for the
Advancement of Dental Research.
ARTICLE III
The Board of Dental Examiners
SECTION 4.
Composition. The Board of Dental
Examiners shall be composed of five members to be appointed
by the President of the Philippines from among candidates
certified by the Philippine Dental Association and/or any other
bona fide dental association, upon the recommendation of its
constituent chapter societies or affiliate organizations, as
possessing the qualifications prescribed in Section five of this
Act, said appointments being subject to confirmation by the
Commission on Appointments.
SECTION 5.
Qualifications. The members of the Board
shall, at the time of appointment: (a) be a natural-born citizen
of the Philippines and actual resident thereof; (b) be a duly
registered dentist in the Philippines; (c) must have had at least
ten years practice of the profession; (d) must not be a member
of the faculty of any school, college or university where
dentistry is taught, nor shall have, directly or indirectly, any

pecuniary interest in such institution; (e) must not be

connected in any capacity with any business enterprise, firm or
company engaged in the buying, selling or manufacture of
dental goods, equipment, materials or supplies; and ( f ) must
be a member of good standing of the Philippine Dental
Association and/or any other bona fide dental association for
the last five years.
SECTION 6.
Tenure of Office. The members of the
Board shall serve for a term of five years: Provided, however,
That not more than one member shall be appointed for the full
term within the same calendar year, and that appointments
shall be made to fill existing vacancies only, so that the term of
one member shall be due to expire every year: Provided,
further, That the member serving the last year of his term shall
automatically become the chairman of the Board, and shall not
be entitled to succeed himself immediately after the expiration
of his tenure of office.
SECTION 7.
Compensation. The members of the
Board shall each receive as compensation a fee of ten pesos
per capita of the candidates examined. The chairman of the
Board shall receive no extra compensation.
SECTION 8.
Removal from office. Any member of the
Board, including the chairman, may be removed for
incompetency or continued neglect of duty, for commission or
toleration of irregularities in the examination, or, for
unprofessional or dishonorable conduct, after a proper
administrative investigation. cdtai
SECTION 9.
Powers vested in Board. The Board of
Dental Examiners is vested with authority, conformably with
the provisions of this Act, to issue, suspend or revoke
certificates of registration for the practice of dentistry, or to
reissue the same, subject to the approval of the President of
the Philippines. The Board shall have the power to administer
oaths, to investigate violations of this Act or other laws and
regulations within the jurisdiction of the Board, and for this
purpose, it may, under the hand of its chairman and seal of the
Board, issue a summons, subpoena or subpoena duces tecum
to alleged violators of this Act and witnesses thereof, and
thereby compel their attendance. The Board shall also have
the power to visit dental schools to determine whether the
minimum requirements prescribed by law and/or the Council
on Dental Education are complied with. The Board shall
exercise the powers conferred upon it by this Act, shall from
time to time look into the conditions affecting the practice of
dentistry in the Philippines, and whenever necessary, adopt or
recommend such measures, or discharge such duties, as may
be deemed proper for the advancement of the profession, the
maintenance of accepted ethical and technical standards, and
the vigorous enforcement of this Act.
SECTION 10.
Rules and regulations. The Board of
Dental Examiners, with the approval of the Commissioner of
Civil Service, shall promulgate and adopt such rules and
regulations as may be necessary to implement or carry out the
provisions of this Act, especially those relating to the proper
conduct of the examinations, custody and correction of
examination papers, registration of dentists, and enforcement
of the Code of Ethics for dentists.
SECTION 11.
Secretary of the Board. The secretary of
the Boards of Examiners appointed in accordance with Section
one of Republic Act Numbered Five hundred forty-six shall also

be the secretary of the Board of Dental Examiners. All records

and minutes of the deliberations and proceedings of the Board,
including examination papers and other confidential
documents, shall be kept by the Civil Service Commission
under the direct custody of the secretary of the Board. The
secretary shall also keep a complete register of all persons to
whom certificates of registration as dentist have been issued,
indicating the name, sex, age, date and place of birth, post
office address, the name of the school or university where the
registrant graduated, date of graduation, and the date when he
passed the qualifying examinations.
SECTION 12.
Annual report. The Board shall, within
sixty days after the close of each fiscal year, prepare and
submit an annual report to the President of the Philippines
which shall include a detailed account of the proceedings of
the Board during the year, an up-to-date register of dentists in
the country, indicating those in private practice and those in the
government service, and embodying such recommendation as
the Board may desire to make.
ARTICLE IV
Examination and Registration
SECTION 13.
Prerequisite to the practice of dentistry.
Unless specifically exempt and authorized by this Act, no
person shall engage in the practice of dentistry in the
Philippines without a certificate of registration as dentist issued
to him by the Board of Dental Examiners after successfully
passing the required qualifying examination.
SECTION 14.
Definition of practice of dentistry. A
person shall be regarded as engaged in the practice of
dentistry or rendering dental service, within the meaning and
intent of this Act, who shall, for a fee, salary, compensation, or
any form of reward, paid to him or through another, or even
without such compensation or reward, perform any operation
or part of an operation, upon the human mouth, jaws, teeth,
and surrounding tissues; prescribe drugs or medicines for the
treatment of oral diseases and lesions; or correct malpositions
of the teeth: Provided, however, That this provision shall not
apply to artisans or technicians engaged in the mechanical
construction of artificial dentures or fixtures and other oral
devices, as long as none of such procedures is done inside the
mouth of the patient; nor shall this provision apply to students
of dentistry undergoing practical training in a legally constituted
dental school or college under the direction or supervision of a
member of the faculty who is duly licensed to practice dentistry
in the Philippines; or to registered dental hygienists serving as
dentists' assistants who may be allowed to perform oral
prophylaxis and such other procedures which the law
regulating the practice of dental hygienists may permit.
SECTION 15.
Exemption from registration. Certificates
of registration shall not be required of commissioned dental
officers of the army, navy and air forces of any foreign country,
whose operations in the Philippines are permitted by the
Government, while rendering service as such for the members
of said forces only; and of dentists or oral surgeons from other
countries who are invited for consultations or demonstrations,
provided that in such cases their work shall be limited to the
specific tasks assigned to them, and provided further, that a
previous authority has been granted by the Board of Dental
Examiners, who shall have the discretion to determine the

duration of said authority, but in no case shall it exceed the

period of thirty days.
SECTION 16.
Frequency of examination. Licensure
examinations for candidates desiring to practice dentistry in the
Philippines shall be conducted by the Board twice a year in
Manila, the first examination to be held not earlier than two
months nor later than three months after the termination of the
school year, the second one to be held six months thereafter,
subject to the approval of the Commissioner of Civil Service.
The Board shall publish or cause to be published the dates of
examination, or any change thereof, at least ninety days before
the scheduled examination.
SECTION 17.
Qualifications for admission to examination.
In order to be admitted to the licensure examination for
dentists, an applicant must, at the time of filing his application
therefor, establish to the satisfaction of the Board that: (a) he is
a citizen of the Philippines; (b) he possesses good moral
character; (c) he had finished at least a two-year pre-dental
course which complies with the minimum requirements of the
Council on Dental Education; and (d) he shall be a holder of
the degree of either Doctor of Dental Medicine (D.M.D.) or
Doctor of Dental Surgery (D.D.S.), or their equivalents,
conferred by a recognized and legally constituted university,
college, school or institute. cdtai
SECTION 18.
Scope of examination. The licensure
examination for the practice of dentistry in the Philippines shall
consist of both written and performance tests, the scope of
which shall be determined and prescribed by the Board, taking
into consideration the teaching plans and educational
standards of the state and private dental colleges in the
country. It shall include such subjects as general anatomy, oral
anatomy, general histology, oral histology and embryology,
general pathology, oral pathology, general physiology, oral
physiology, pharmacology, microbiology, biochemistry, oral
diagnosis and treatment planning, oral surgery, anesthesia,
dental roentgenology, periodontics, endodontics, nutrition,
dental materials, restorative dentistry, prosthodontics,
orthodontics, public health dentistry, dental jurisprudence,
dental economics, ethics, and private management. It shall be
the duty of the Board to prepare the schedule of subjects in the
written and performance tests and to publish the same as
approved at least two months before the date of examination
wherein they are to be used.
SECTION 19.
Report of ratings. The Board of Dental
Examiners shall, within one hundred days after the last day of
the examination, report the ratings obtained by each candidate
to the Commissioner of Civil Service, who shall, with his
recommendations, submit such results to the President of the
Philippines for approval and release. Failure on the part of the
Board to report the ratings within the specified time shall mean
forfeiture of fifty percent of the compensation due the members
of the Board in that particular examination.
SECTION 20.
Issuance of certificates. Certificate of
registration as dentist shall, upon the recommendation of the
Board, be issued to any applicant who, after the approval of his
ratings by the Commissioner of Civil Service and the President
of the Philippines and the payment of the required registration
fee, has satisfactorily met all the requirements specified in this
Act: Provided, however, That no certificate of registration shall

be issued to any applicant who has not reached the age of

twenty-one years.
Every certificate of registration shall show the full name of the
registrant, shall have a serial number, and must be signed by
the chairman and members of the Board, the Commissioner of
Civil Service and the secretary of the Board, and shall be
authenticated by the official seal of the Board. The issuance by
the Board of a certificate of registration to the registrant shall
be evidence that the person named therein is entitled to all the
rights and privileges of a registered dentist while said
certificate remains unrevoked or unsuspended.
SECTION 21.
Fees for examination and registration.
Every applicant to the licensure examination for dentists shall
pay an examination fee of sixty pesos and a fee of ten pesos
for registration.
SECTION 22.
Refusal to issue certificates for certain
causes. The Board of Dental Examiners shall refuse to
issue a certificate of registration to any person convicted by a
court of competent jurisdiction of any criminal offense involving
moral turpitude, and to any person guilty of immoral or
dishonorable conduct or to persons of unsound mind, or those
suffering from communicable or contagious disease. In the
event of such refusal, the Board shall give the applicant a
written statement setting forth the reason or reasons for its
action, which statement shall be incorporated in the records of
the Board.
SECTION 23.
Revocation and suspension of certificates.
The Board shall also have the power to revoke or suspend
the validity of the certificate of registration of a dentist for any
of the causes mentioned in the preceding section, or for
unprofessional and unethical conduct, malpractice,
incompetency, or serious ignorance or negligence in the
practice of dentistry, willful destruction or mutilation of a natural
tooth of a patient with a deliberate purpose of substituting the
same by an unnecessary or unessential artificial tooth, for
making use of fraud, deceit or false statements to obtain a
certificate of registration; for habitual use of intoxicating liquors
or drugs, causing him to become incompetent to practice
dentistry; for the employment of persons who are not duly
authorized to do the work which under this Act can only be
done by persons who have certificates of registration to
practice dentistry in the Philippines; for the employment of
deceit or any form of fraud with the public in general or some
clients in particular for the purpose of extending his clientele;
for making false advertisements, publishing or circulating
fraudulent or deceitful allegations regarding his professional
attainment, skill or knowledge, or the methods of treatment
employed by him: Provided, however, That the action of the
Board in the exercise of this power shall be appealable only to
the President of the Philippines whose decision in such cases
shall be final.
SECTION 24.
Reissue of revoked certificate and
replacement of lost one. The Board may, after the expiration
of five years from the date of revocation of a certificate of
registration, for reasons it may deem sufficient, entertain any
person whose certificate has been revoked, in the same
manner as application for an original certificate, and in so
doing it may in its discretion, exempt the applicant from the
necessity of undergoing another examination. A fee of ten
pesos shall be charged for the issuance of a new certificate in

place of another previously revoked. A new certificate of

registration to replace any certificate lost, destroyed or
mutilated may be issued subject to the rules of the Board and a
charge of five pesos shall be made. cdasia
ARTICLE V
The Council on Dental Education
SECTION 25.
Functions. The Council on Dental
Education shall be a policy-making body under the Secretary
of Education, charged with the responsibility of regulating and
standardizing dental education in the country. To be effective
in carrying out its objectives, the Council shall have the
following functions: (a) to recommend the minimum
requirements of the pre-dental course; (b) to recommend the
minimum requirements of the regular dental course; (c) to
determine and prescribe the minimum requirements for the
physical plants and other facilities of schools or colleges of
dentistry; (d) to determine and prescribe the minimum number
and qualifications of the teaching personnel, including studentteacher ratio; (e) to require internship or any form of hospital
training in a teaching hospital as a prerequisite to graduation in
a dental college, provided that no such requirement shall be
made effective earlier than two years after the approval of this
Act; ( f ) to inspect or visit schools or colleges in connection
with the functions of the Council as herein provided; and (g) to
adopt and enforce such rules and regulations as are necessary
for the proper implementation of the objectives of the Council.
SECTION 26.
Composition. The Council on Dental
Education shall be composed of the Secretary of Education, as
chairman; the Undersecretary of Education, as vice-chairman;
the Director of Public Schools, the chairman of the Board of
Dental Examiners, the President of the Philippine Dental
Association or any other bona fide national dental association,
a dean-representative of private dental colleges, to be chosen
by the deans of said private dental colleges, and the dean of
the College of Dentistry, University of the Philippines, as
members. The chairman and members of the Council shall
serve as such only during their incumbency in their respective
positions.
SECTION 27.
Secretary of the Council. The Council on
Dental Education may designate the administrative officer or
any subordinate official of the Department of Education to
serve as secretary of the Council, and as such he shall keep a
complete record of the proceedings, communications and
deliberations of the Council.
SECTION 28.
Compensation. The chairman, members,
and secretary of the Council on Dental Education shall not be
entitled to any compensation, except those authorized by their
respective offices and such other expenses as are necessary
in the performance of their official duties as herein provided.
SECTION 29.
Sessions. The Council shall hold its
regular session every month at such time and place to be
designated by the chairman of the Council. Special sessions
may be called by the chairman or upon the request or petition
of a majority of the members of the Council.
SECTION 30.
Authority. The Council is hereby
authorized by this Act to determine, prescribe or modify the
length of studies for the pre-dental and the regular dental
course, provided that the preparatory course shall not be less

than two years nor more than four years, and in the case of the
regular course, it shall not be less than four years nor more
than six years.
ARTICLE VI
The Council for the Advancement of Dental Research
SECTION 31.
Functions. The Council for the
Advancement of Dental Research shall be a policy-making
body, charged with the responsibility of promoting and
developing dental research in the country. In order to carry out
its objectives, the Council shall have the following functions; (a)
To devise and work out a plan to establish a dental center, with
the promotion of dental research as its principal goal; (b) To
determine and recommend the raising of the necessary funds
to finance this research project, either through the solicitation
of funds from private sources or by direct government
appropriation or financing; (c) To enlist the aid or corporation of
such government or private entities as may be necessary; and
(d) To adopt and implement such measures, rules and
regulations as are necessary for the carrying out of the
objectives of the Council.
SECTION 32.
Composition. The Council for the
Advancement of Dental Research shall be composed of the
Chairman of the National Science Development Board, as
chairman; a representative of the Philippine Dental Association
or any other bona fide national dental association, a
representative of the National Science Development Board, a
representative of the Board of Dental Examiners, and a
representative of the Council on Dental Education, as
members. The Chairman and members of the Council shall be
appointed by the President of the Philippines with the consent
of the Commission on Appointments for a term of five years,
unless sooner terminated by the expiration of their tenure of
office in their respective positions.
SECTION 33.
Secretary of the Council. The Council for
the Advancement of Dental Research may designate any of its
members to serve as secretary of the Council, and as such he
shall keep a complete record of the proceedings,
communications and deliberations of the Council. aisa dc
SECTION 34.
Compensation. The chairman, members
and secretary of the Council for the Advancement of Dental
Research shall not be entitled to any compensation except
those authorized by their respective offices and such other
expenses as are necessary in the performance of their official
duties as herein provided.
SECTION 35.
Sessions. The Council shall hold its
regular session once every two months at such time and place
to be designated by the chairman of the Council. Special
sessions may be called by the chairman whenever necessary.
ARTICLE VII
Penal and Miscellaneous Provisions
SECTION 36.
Penal Provisions. Any person who shall
practice dentistry in the Philippines as defined in this Act,
without a certificate of registration issued in accordance with
the provisions of this Act, or has been declared exempt, or any
person presenting or using as his own the certificate of
registration of another, or any person who shall give any false
or forged evidence to the Board in obtaining a certificate of

registration, or any person who shall impersonate any

registrant of like or different name, or any person who shall use
a revoked or suspended certificate of registration, or any
person who shall assume, use or advertise as a bachelor of
dental surgery, doctor of dental surgery, master of dental
surgery, licentiate of dental surgery, doctor of dental medicine,
or dental surgeon, or append to his name the letters D.D.S.,
B.D.S., M.D.S., L.D.S., or D.M.D., without having been
conferred such title or degree in a legally constituted school,
college or university, duly recognized and authorized to confer
the same, or advertise any title or description tending to
convey the impression that he is a dentist, without holding a
valid certificate of registration from the Board, or any person
who shall violate any provision of this Act, shall be guilty of
misdemeanor and shall, upon conviction, be sentenced to a
fine of not less than three thousand pesos nor more than five
thousand pesos or to suffer imprisonment for a period of not
less than one year nor more than five years, or both, in the
discretion of the court.
SECTION 37.
Display of name and certificate of
registration. Every registered practicing dentist shall display
in a conspicuous place in the house or office where he
practices, his name and surname and he shall further display
his certificate of registration in his office in plain sight of
patients occupying his dental chair. Any owner or proprietor of
a dental office or establishment is also under obligation to
display in conspicuous places in the office or establishment
and to display the certificates of registration of each and
everyone of such persons in the same manner as hereinbefore
provided.
SECTION 38.
Foreign Reciprocity. Except in the case of
persons otherwise exempt under the provisions of this Act, no
dentist who is a citizen of a foreign country or a particular state
shall be granted any of the rights or privileges under this Act,
unless the country or state of which he is a subject or a citizen
permits dentists who are Filipino citizens to practice within its
territorial limits on the same basis as the subject or citizens of
such country or state, but under no circumstance shall such a
set-up be initiated by the Philippine government. cd i
SECTION 39.
Enforcement of the Act by officers of the law.
It shall be the duty of all duly constituted officers of the law
of the national, provincial, city or municipal governments, to
enforce the provisions of this Act and to prosecute any person
violating the same. The Secretary of Justice shall act as the
legal adviser of the Board of Dental Examiners, the Council on
Dental Education, and the Council for the Advancement of
Dental Research and shall render such legal assistance as
may be necessary in carrying out the provisions of this Act.
SECTION 40.
Repeal of Laws in conflict with this Act. All
laws, or portions thereof, orders, ordinances, or rules and
regulations in conflict with the provisions of this Act, as pertain
to the practice of dentistry shall be, and are hereby repealed.
SECTION 41.
its approval.

Effectivity. This Act shall take effect upon

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 38, p. 6808 on
September 19, 1966

June 21, 1969

REPUBLIC ACT NO. 5921
AN ACT REGULATING THE PRACTICE OF PHARMACY
AND SETTING STANDARDS OF PHARMACEUTICAL
EDUCATION IN THE PHILIPPINES AND FOR OTHER
PURPOSES
ARTICLE I
Objectives and Implementation
SECTION 1.
Objectives. This Act provides for and shall
govern (a) the standardization and regulation of
pharmaceutical education; (b) the examination for registration
of graduates of schools of pharmacy and (c) the supervision,
control and regulation of the practice of pharmacy in the
Philippines.
SECTION 2.
Enforcement. For the purposes of
implementing the provisions of this Act, the Council of
Pharmaceutical Education and the Board of Pharmacy are
hereby created.
ARTICLE II
The Council of Pharmaceutical Education

(d)
To approve the accreditation of community or
prescription pharmacies, pharmaceutical manufacturing
laboratories and hospital pharmacies for purposes of pharmacy
internship.
SECTION 5.
Meetings and traveling expenses. The
Council of Pharmaceutical Education shall meet at least once a
month for regular business and as often as the Council may
decide. The Chairman and members of the Council of
Pharmaceutical Education shall not be entitled to any
compensation except for travelling expenses in connection with
their official duties as herein provided.
ARTICLE III
The Board of Pharmacy and Examination and Registration of
Pharmacists
SECTION 6.
The Board of Pharmacy and its Composition.
The Board of Pharmacy shall be composed of a Chairman
and two members who shall be appointed by the President of
the Philippines with the consent of the Commission of
Appointments, from a list of nominees recommended by the
Commissioner of Civil Service who shall secure such lists from
bona fide professional national organizations of pharmacists
which should be certified in accordance with Republic Act
Numbered Five hundred forty-six. cdt

SECTION 3.
The Council of Pharmaceutical Education
and its composition. The Council of Pharmaceutical
Education shall be composed of the Secretary of Education,
Chairman, the Undersecretary of Health Services, the Food
and Drug Administrator, the Chairman of the Board of
Pharmacy, the dean of the College of Pharmacy, University of
the Philippines, the dean of a college of pharmacy,
representing duly accredited private schools of pharmacy, and
a representative of the bona fide national pharmaceutical
organizations in the Philippines.

SECTION 7.
Qualification of Board members. To be
appointed a member of the Board of Pharmacy, a person shall
be:

It shall be incumbent upon all deans of duly accredited

colleges of pharmacy of private colleges and universities by
agreement among themselves to promulgate rules and
regulations regarding the selection of one from among their
group to represent them in the said Council and it shall be
incumbent upon all presidents of bona fide national
pharmaceutical organizations in the Philippines by agreement
to promulgate rules and regulations regarding the selection of
one from among them to represent them in the said Council.

(d)
At the time of appointment, not a member of the
faculty of any school, college or university offering courses in
pharmacy; nor have any direct or indirect pecuniary interests in
such school or college of pharmacy; and

The members of the Council shall hold office until their

successors have been appointed, elected or designated and
duly qualified. acd
SECTION 4.
Functions. The functions of the Council of
Pharmaceutical Education shall be:
(a)
To promulgate rules and regulations relative to
Pharmaceutical Education in the Philippines;
(b)
To submit such rules and regulations, which shall
have a binding effect, for implementation to the proper
agencies such as Department of Education, the Board of
Pharmacy, the bona fide national pharmaceutical organizations
in the Philippines and others;
(c)
To recognize and accredit colleges of pharmacy in the
different private colleges and universities; and

(a)

A natural born citizen of the Philippines;

(b)
A duly registered pharmacist and has been in the
practice of pharmacy for at least ten years;
(c)
Of good moral character and of recognized standing
in the pharmaceutical profession;

(e)
A member of good standing of any bona fide national
pharmaceutical association of the Philippines.
SECTION 8.
Tenure of office and fees of board members.
The Chairman and members of the Board of Pharmacy shall
hold office for three years after appointment or until their
successors shall have been appointed and duly qualified:
Provided, That members of the first Board to be appointed
after the approval of this Act shall hold office for the following
terms: Chairman for three years, one member for two years
and one member for one year: Provided, further, That any
chairman or member may be reappointed for another term of
three years but in no case shall be serve continuously for more
than six years. The most senior member of the Board shall
automatically be the Chairman.
The Chairman and members of the Board shall each receive
the sum of ten pesos for each applicant examined regardless
of whether or not he is already in the government service when
appointed.
SECTION 9.
Removal of the Board members. The
chairman or member of the Board may be removed by the

President of the Philippines if found guilty of neglect of duty,

incompetence, malpractice, or unprofessional, unethical,
immoral, or dishonorable conduct, after having been given the
opportunity to defend himself in a proper administrative
investigation. The President may in his discretion suspend
such member under investigation: Provided, however, That the
period of suspension shall not exceed sixty days after which
the latter shall be automatically reinstated pending the
outcome of the investigation. cd
SECTION 10.
Executive Officer of the Board. The
Commissioner of Civil Service shall be the Executive Officer of
the Board and shall conduct the examination given by it
according to the rules and regulations promulgated by him and
approved by the President of the Philippines. The Secretary of
the Board of Examiners in accordance with Republic Act
Numbered Five hundred and forty six shall also be the
Secretary of the Board. To assist both officials, there shall be
appointed from the ranking employees of the Board of
Examiners, an Assistant Secretary, a Legal Officer and a
Records Officer with compensation of eight thousand eight
hundred thirty-two pesos, seven thousand two hundred thirtysix pesos and five thousand nine hundred twenty-eight pesos,
respectively who may also perform identical functions for the
other existing examining boards. All the records of the Board
including examination papers, minutes of deliberation and
records of administrative proceedings shall be kept by the
Secretary of the Board. *
SECTION 11.
Powers and duties of the Board. The
Board of Pharmacy, conformably with the provisions of this Act
is vested with authority:
(a)

To examine applicants for the practice of pharmacy;

(b)

To issue certificates of registration or pharmacists.

(c)
To reprimand any pharmacist or to suspend or revoke
his certificate of registration on the grounds as provided for in
Section thirteen hereof, after a formal administrative
investigation has been conducted by it.
(d)
To promulgate from time to time the necessary rules
and regulations for the effective enforcement of this Act,
subject to the approval of the President upon advice of the
Commissioner of Civil Service;
(e)
To study the conditions affecting the practice of
pharmacy in the Philippines;
(f)
To check the employment of qualified personnel in
drug stores, hospital pharmacies, drug or pharmaceutical
laboratories, cosmetic laboratories and similar establishments
for which the Board may designate inspectors from the Board
of Pharmacy; and
(g)
To encourage the development of botanical gardens
and their inspection particularly the propagation of Philippine
medicinal plants with the cooperation of the Department of
Agriculture and Natural Resources.
SECTION 12.
Detailmen, requirements, qualifications and
fees. Any person who shall be employed as detailman by
any pharmaceutical or drug laboratory or other manufacturers
of medical, dental pharmaceutical, biological and veterinary
products and by distributors, dealers or wholesalers of said
products, doing business directly or indirectly in the

Philippines, shall be required, at the beginning of each year, to

register with the Board of Pharmacy that he is employed as
such. cda
(a)
An applicant for registration shall be, preferably, a
graduate of a college of pharmacy.
There shall be an initial fee of twenty pesos upon registration
and thereafter fifteen pesos shall be charged annually for
renewal. Upon payment of said fees, the proper credential
shall be issued to the applicant.
(b)
It shall be incumbent upon the drug establishments
referred to in this section to require that detailmen employed or
to be employed by them possess the necessary credentials
issued by the Board of Pharmacy as provided for herein.
For purposes of this section, a detailman is one who
represents any duly authorized manufacturer, dealer,
distributor, representative or wholesaler of drugs,
pharmaceuticals, biologic products and devices, whose
primary duty is to introduce or reacquaint a product or products
prepared, distributed or made by said manufacturers, dealer,
distributor, representative or wholesaler to the physician,
dentist, pharmacist, veterinarian or any other qualified person
and which forms part of their program for promotion by
describing its use, composition, action, dosage, administration,
contra-indication, advantages and other salient information
relative to said drug, pharmaceutical, biological product or
device.
SECTION 13.
Grounds for reprimand, suspension or
revocation of registrant certificate. Any of the following shall
be sufficient ground for reprimanding a pharmacist, or for
suspending or revoking his certificate of registration:
(a)
Conviction by a court of competent jurisdiction of any
violation as penalized in sections forty and forty-one hereof;
(b)
Immoral or dishonorable conduct which includes
conviction by a competent court of any criminal offense
involving moral turpitude;
(c)
Fraud or deceit in the acquisition of the certificate of
registration;
(d)
Gross negligence, ignorance or incompetence in the
practice of his profession resulting in the injury damage or
death of another;
(e)
Malpractice, including aiding or abetting the
commission of criminal abortion or sex crimes through illegal
compounding, dispensing or sale of abortive or sex drugs as
the case may be;
(f)
Acting as a dummy of an alien or of a person who is
not qualified to establish and operate a retail drugstore;
(g)
Addiction to alcoholic beverage or to any habitforming drug rendering him incompetent to practice his
profession; cdt
(h)

Insanity;

(i)
False or extravagant or unethical advertisements
wherein other things than his name, profession, limitation of
practice, office and home address and the like are mentioned;
and

(j)
Violations of any provision of the Code of Ethics
which may be adopted as part of the Rules and Regulations of
the Board.
SECTION 14.
Administrative Investigation.
Administrative investigations shall be conducted by all the
members of the Board sitting en banc. The existing rules of
evidence shall be observed as far as practicable during
administrative investigations.
If the Board, by majority vote of the members, shall find that
the charges are sustained by evidence adduced, it may at its
discretion reprimand the respondent or revoke or suspend his
certificate of registration. In case of suspension, it shall be for a
period of not more than six months. Where the certificate of
registration has been revoked as herein provided, the Board
may, after the expiration of six months and upon application,
issue a new certificate of registration in place of a revoked
certificate without the necessity of undergoing any examination
if the respondent in the meanwhile has conducted himself in an
exemplary manner.
SECTION 15.
Procedure and rules. The Board of
Pharmacy upon receipt of a formal complaint under oath
against any pharmacist, shall furnish the latter a copy of the
complaint which he shall answer within ten days from receipt
hereof. If the Board of Pharmacy, after careful study of the
records, finds that there is a valid grounds to the charge it shall
conduct a formal investigation setting the dates of hearing
thereof. For this purpose, a subpoena or subpoena duces
tecum may be issued by the Chairman of the Board. The
proceedings shall at all times be recorded. The investigation
shall be terminated and resolved within ninety days from the
time of the first date of hearing has been set and heard.
SECTION 16.
Right of respondent. The respondent
pharmacist shall be entitled to be heard by himself or be
represented by counsel; to have a speedy and public hearing
to confront and to cross-examine witnesses against him; to
summon and present witnesses in his behalf; and to any other
process for the protection of his individual or civil rights.
SECTION 17.
Appeal from judgment. The decision of
the Board of Pharmacy shall automatically become final thirty
days from notice to respondent, unless the latter after receipt
of the decision and within the same period has appealed to the
President of the Philippines.
SECTION 18.
Candidate for board examination. A
candidate for the board examination in Pharmacy shall have
the following qualifications:
(a)

He shall be a natural-born citizen of the Philippines;

(b)

He shall be of good moral character;

(c)
He shall have graduated with a degree of Bachelor of
Science in Pharmacy or with an equivalent degree from a
school, college or university after satisfactorily completing a
standard pharmacy course of not less than four (4) academic
years."
PROVIDED, however, that certificates of registration
as pharmacists may be issued to those examinees in the
pharmacists examinations who could not register because they
acquired Philippine citizenship by election or naturalization.

SECTION 19.
Scope of Examination. The pharmacist
examination shall consist of both theoretical and practical
examinations. The theoretical examination shall include
subjects in Chemistry, Biological Sciences and Pharmacy.
The Chemistry subjects shall include (1) General, Inorganic,
Pharmaceutical and Physical Chemistry, (2) Organic and
Medicinal or Pharmaceutical Chemistry, (3) Qualitative,
Quantitative and Drug Assaying. The Biological Science
subjects shall include (4) Physiology and Biochemistry, (5)
Microbiology and Public Health, (6) Pharmacology and
Toxicology. The Pharmacy subjects shall include (7) Botany
and Pharmacognosy, (8) General Pharmacy, (9) Compounding
and Dispensing, (10) Physical and Manufacturing Pharmacy,
(11) Pharmacy Administration, and (12) Pharmaceutical
Jurisprudence and Ethics. The subjects shall be weighted as
follows: Chemistry, thirty per cent; Biological Science, twenty
per cent; Pharmacy, fifty per cent.
The practical examination shall consist of (1) Identification and
Analysis of Drugs, (2) Preparation of Official Pharmaceuticals,
(3) Compounding and Dispensing of Prescriptions and Fixing
of Prices of Prescriptions, and (4) Manufacturing Pharmacy
and Quality Control. The practical examination shall be
weighted as follows: Identification and Analysis of Drugs, thirty
per cent; Compounding of Official Pharmaceutical
Preparations, Dispensing and Fixing of Price of Prescription
and Manufacturing Pharmacy and Quality Control, seventy per
cent.
It shall be the duty of the Board of Pharmacy to prepare the
schedules of the theoretical and practical examinations and the
syllabus of each subject to be given two months before the
dates of the examination wherein they are to be used.
SECTION 20.
Ratings required. In order to pass the
examination, a candidate must obtain on the basis of one
hundred per cent a general average of seventy-five per cent or
over in both the theoretical and practical examinations, with no
ratings below fifty per cent in more than two subjects in the
theoretical examinations: Provided, That any candidate who
passed in the theoretical examination but failed in the practical
examination, may, upon taking a re-examination, repeat only
the practical examination and vice-versa: Provided, further,
That any candidate who fails to pass the theoretical or practical
examination in three successive attempts shall not be admitted
in the fourth examination unless be could present to the Board
a certification that he had enrolled and undergone within the
year preceding, a pre-board review course from a duly
accredited college of Pharmacy. cdasia
SECTION 21.
Holding of examination. Examination for
registration to practice pharmacy in the Philippines shall be
given twice a year in the City of Manila and environment as the
Board of Pharmacy may fix.
SECTION 22.
Fees for examination and registration.
The Board of Pharmacy shall charge for each applicant for
examination the sum of fifty pesos, and after passing the Board
examinations, for each certificate of registration twenty pesos;
and for each duplicate registration certificate, ten pesos. All
fees shall be paid to the cashier of the Board of Examiners and
all expenses, including the fees of the Board members shall be
disbursed by him from such funds.
ARTICLE IV

Practice of Pharmacy
SECTION 23.
Definition of practice of pharmacy. A
person shall be deemed to be practicing pharmacy within the
meaning of this Article, who shall, for fee, salary, percentage or
other reward paid or given directly to himself or indirectly
through another, prepare or manufacture, analyze, assay,
preserve, store, distribute or sell any medicine, drug,
chemicals, cosmetics, pharmaceuticals, devices or
contrivances used in pursuance thereof; or render
pharmaceutical service in any office or drug and cosmetic
establishment where scientific, technological or professional
knowledge of Pharmacy is applied; or engage in teaching
scientific, technological or professional pharmacy subject in a
college of pharmacy; or conduct or undertake scientific
pharmaceutical research for biological and bacteriological
testings and examinations.
However, persons performing executive managerial or
administrative functions and their subordinate personnel
employed in the pharmaceutical laboratories referred to in the
second paragraph of Section twenty-seven hereof shall not be
considered for purposes of this definition, considered persons
in the practice of pharmacy.
SECTION 24.
Prerequisite for the practice of pharmacy.
No person shall engage in the practice of pharmacy in the
Philippines unless he is at least twenty-one years of age, has
satisfactorily passed the corresponding examination given by
the Board of Pharmacy, and is a holder of a valid certificate of
registration duly issued to him by said Board.
SECTION 25.
Sale of medicine, pharmaceuticals, drugs
and devices. No medicine, pharmaceutical, or drug, except
for those which are non-prescription or over-the-counter, of
whatever nature and kind or device shall be compounded,
dispensed, sold or resold, or otherwise be made available to
the consuming public except through a prescription drugstore
or hospital pharmacy, duly established in accordance with the
provisions of this Act. Non-prescription or over-the-counter
drugs may be sold in their original packages, bottles,
containers or in small quantities, not in their original containers
to the consuming public through supermarkets, convenience
stores and other retail establishments.
Pharmaceutical, drug or biological manufacturing
establishments, importers and wholesalers of drugs,
medicines, or biologic products, shall not sell their products for
re-sale except only to retail drug outlets, hospital pharmacies
or to other drug wholesalers under the supervision of a
registered pharmacist, and supermarkets, convenience stores,
other retail establishments for over-the-counter drugs, duly
licensed by the Bureau of Food and Drugs.
SECTION 26.
Markings and inhibition to the sale of drug
samples. No sample of any drug, biological product, device
or proprietary medicine, given or intended to be given for free
to the physician and other qualified person by any
manufacturer or distributor of its representative or detailman as
part of its program or promotion, may be sold.
The statement "Sample, not for sale" shall appear
conspicuously on the container, package or carton of the drug
or device to be given. cdasia

SECTION 27.
Pharmacist required and compensation.
Every pharmacy, drugstore or hospital pharmacy whether
owned by the government or a private person or firm shall at all
times when open for business be under the personal and
immediate supervision of a registered pharmacist: Provided,
That no pharmacist shall have personal supervision of more
than one such establishment. In cases where a drug
establishment operates in more than one shift, each shift must
be under the supervision and control of a registered
pharmacists.
Drug or pharmaceutical laboratories or similar establishments
engaged in the repackaging, manufacture or sale of drugs,
biologic products and pharmaceutical products in quantities
greatly in excess of the therapeutic doses of each substance;
such processes involving the preparation, quality control or
repackaging of said products shall for each respective
operation be under the direct and immediate supervision of a
registered pharmacist, or, in the sale of pharmaceuticals,
medicines and drugs at wholesale, such business shall be
conducted under the immediate supervision of a registered
pharmacist practicing only in such establishment.
Every pharmacist employed as such in any of the
establishments mentioned in this section whose capitalization
is not less than ten thousand pesos shall receive,
notwithstanding any provisions of law to the contrary, a
minimum compensation similar to that of government
pharmacists.
SECTION 28.
Display of certificate required. It shall be
the duty of every pharmacist engaged in the practice of
pharmacy either on his own account or under the employ of
another, to display his certificate of registration in a prominent
and conspicuous place in pharmacy, drugstore, hospital
pharmacy or drug establishment which he operates or in which
he is employed. No pharmacist shall with his knowledge allow
his certificate of registration to be displayed in such
establishments when he is not actually employed or operating
therein in his professional capacity .
SECTION 29.
Responsibility for quality of drugs. In
cases of drugs, pharmaceuticals, poisons or devices sold in
this original packings, the seal of which has not been broken or
tampered with, the liability that may arise because of their
safety, efficacy, quality and purity, rests upon the manufacturer
or in his absence, upon the importer, the distributor,
representative, or dealer, who was responsible for their
distribution or sale.
SECTION 30.
Filling and refilling of prescription. No
prescription shall be filled or compounded except by a
registered pharmacist in the employ of the drugstore or
pharmacy. It shall be incumbent upon the pharmacist so
compounding or filling the prescription to see to it that every
component of the prescription called for meets the standard of
purity and quality given in the standard references. Students
undergoing pharmaceutical internship may assist said
pharmacist in the compounding and dispensing of the
prescription called for.
No prescription shall be refilled except upon express order of
the person so prescribing.
SECTION 31.
Label of dispensed medicine. Upon every
box, bottle, or other package containing medicine sold or

dispensed by a pharmacist based on prescription, there shall

be pasted, affixed or imprinted a seal of label bearing, among
others, the name and address of pharmacy; the names and
quantities of the ingredients; required doses thereof, its
expiration date if any; the name of the prescriber, date and the
number of prescription; and the direction for its use.
Every prescription, which in its preparation, contains any
quantity of a drug which is habit-forming, or a derivative of
such drug, shall have in the label attached to the container the
added statement "Warning may be habit forming."
Every prescription for external use filled in the drugstore shall
bear a red label showing in black ink the components of such
prescription and the words "For external use only" at the
bottom of the label.
SECTION 32.
Record books for prescription. All
prescriptions dispersed in the drugstore shall be recorded in
the book kept for the purpose indicating therein, among others,
the name of the manufacturer, the original stock, lot and
control numbers of the main ingredients of the prescriptions,
which book shall be open to inspection by the proper
authorities at any time of the day when the pharmacy is open
to the public and must be preserved for a period of not less
than two years the last entry in it has been made. All
prescription shall be attached to said book for prescriptions
and numbered consecutively and shall be preserved for the
same length of time as the prescription book.
SECTION 33.
Inhibition against use of cipher or unusual
terms in prescriptions and prescription switching. No
pharmacist shall compound or dispense prescriptions, recipes
or formulas which are written in ciphers, codes or secret keys
or in which they are employed unusual names of drugs which
differ from the names ordinarily used for such drugs in
standard pharmacopeias or formularies. cd
No pharmacist dispensing or compounding prescriptions shall
substitute the drug or drugs called for in the prescription with
any other drug or substance or ingredient without prior
consultation with, and a written consent of, the person
prescribing.
SECTION 34.
Provisions relative to dispensing of violent
poisons. Every pharmacist who dispenses, sells or
otherwise delivers any of the violent poisons intended for
medicinal use, to wit: arsenical preparations, phosphorus;
corrosive sublimate; atropine, strychnine, or any of their salts,
hycocyanic acid or any of its salts; oil of bitter almonds
containing hydrocyanic acid or prussic acid; oil of mirbane
(Nitro-benzene); and such other poisonous substances which
may from time to time be classified under this category by the
Food and Drug Administration; shall do so only upon
prescription of a duly licensed physician, dentist or
veterinarian. He shall make or cause to be made in a separate
book, kept for the purpose, an entry stating the date of each
sale and the name and address of the purchaser, the name
and quantity of the poison sold and the purpose for which it
was claimed to be purchased, before delivering it to the
purchaser.
No prescription, the prescribed dose of which contains a
dangerous quantity of poison, shall be filled without first
consulting the prescribing authority and verifying the
prescription. The pharmacist before delivery of such poison to

the purchaser shall acquaint the latter of its poisonous

character.
The pharmacist shall also affix to every box, bottle or other
package containing any dangerous or poisonous drug, another
label of red paper upon which shall be printed in large letters
the word "Poison" and a vignette representing a skull and
bones before delivering it to the purchaser.
No poison specified in this section shall be sold or otherwise
delivered to any person less than eighteen years of age or who
is mentally deranged or under the influence of liquor or one
who is apparently addicted to opiates and other habit-forming
drugs.
The books kept for the purpose of recording the sale of violent
poisons shall be open at all times to the inspection of the
proper authorities, and every such book shall be preserved for
at least five years after the last entry in it has been made.
Should any of the poisons above-stated be intended for
purposes other than medicinal, the same may be sold without
a prescription by the pharmacist but the other requirements of
this section must be complied with.
SECTION 35.
Provisions relative to dispensing of less
violent poisons. Every pharmacist who dispenses, sells or
delivers any poison which is less violent in category as
classified by the Food and Drug Administration may do so
even without the prescription of a physician and its sale may
be recorded in the poison book. The other requirements as
provided for in Section thirty-four hereof, however, shall be
complied with.
SECTION 36.
Receptacle for poisonous drugs. The
poisonous drugs specified in Section thirty-four and thirty-five
hereof shall be kept in a cabinet to be provided in every
pharmacy carrying such drugs in stock and the same shall be
kept securely-locked when not in use.
SECTION 37.
Provisions relative to dispensing of
abortifacients or anticonceptional substances and devices.
No drug or chemical product or device capable of provoking
abortion or preventing conception as classified by the Food
and Drug Administration shall be delivered or sold to any
person without a proper prescription by a duly licensed
physician.
The pharmacist in charge of a drug store or pharmacy after
filling a prescription containing abortive or anticonceptional
substance or devices shall record in a separate register book
for abortives and anti-conceptionals, the following data:
(a)

Number and date of the prescription; cdtai

(b)

Name and address of the physician;

(c)

Name, quantity and manufacturer of the drug;

(d)

Name and address of the purchaser;

(e)

Date of filling the prescription; and

(f)

Signature of the pharmacist filling the prescription.

SECTION 38.
Provisions relative to dispensing of potent
drugs. Every pharmacist who dispenses, sells or delivers
any drug, which falls under the classification of the Food and

Drug Administration as potent drugs shall do so only upon

prescription of a duly licensed physician, dentist or
veterinarian.
SECTION 39.
Requirements for the opening and operation
of drugstores and pharmacies. The minimum requirements
necessary for the opening and operation of drugstores and
pharmacies shall be in accordance with the rules and
regulations to be prescribed by the Food and Drug
Administration in accordance with the provisions of this Act. No
application for the opening of a retail drugstore shall be
approved unless it is signed by a Filipino registered
pharmacist, either as owner or as supervising pharmacist
pursuant to section twenty-seven of this Act.
SECTION 40.
Penal provisions. Any person who shall
violate any of the provisions of Sections twelve, twenty-four,
twenty-five, twenty-six and twenty-seven of this Act or any
person who shall make false representation, to procure a
registration certificate as pharmacist for himself or for another,
or any person who shall allow anyone in his employ who is not
registered pharmacists to engage in the practice of pharmacy,
or any person who shall falsely display within the
establishment the certificate of registration of a pharmacist who
is not actually and regularly employed therein as such, or to act
as a dummy for any alien or an unqualified person for the
purpose of opening and operating a retail drugstore, shall,
upon conviction thereof, be sentenced to a fine of not less than
one thousand pesos but not exceeding four thousand pesos or
to an imprisonment of not less than six months and one day
but not more than four years, in the discretion of the court.
SECTION 41.
Other penalties. Any pharmacist who shall
violate any of the provisions of Sections twenty-eight, thirty,
thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirtyseven and thirty-eight of this Act or any pharmacist after his
certificate of registration has been lawfully suspended or
revoked, who continues to engage in the practice of pharmacy,
shall, upon conviction thereof, be sentenced to a fine of not
less than one hundred pesos but shall not exceed five hundred
pesos or to an imprisonment of not less than thirty days but not
more than four months, in the discretion of the court.
Any person other than citizens of the Philippines having been
found guilty of any violation as provided for in this and the
preceding section shall, after having paid the fine or having
served his sentence or both when so required be also subject
to deportation.
SECTION 42.
Definition of terms. For purposes of this
Act, the term (a) "Pharmacy" or "Drug Store" means a place or
establishment where drugs, chemical products, active
principles of drugs, pharmaceuticals, proprietary medicines or
pharmaceutical specialties, devices, and poisons are sold at
retail and where medical, dental and veterinary prescriptions
are compounded and dispensed.
(b)
"Drug or Pharmaceutical Laboratory" or
Pharmaceutical Manufacturing Laboratory" means an
establishment where pharmaceuticals, proprietary medicines
or pharmaceutical specialties are prepared, compounded,
standardized and distributed or sold.
(c)
"Wholesaler" means and includes every person who
acts as a jobber, merchant, broker or agent, who sells or

distributes for resale pharmaceuticals, proprietary medicines or

pharmaceutical specialties. cdasia
(d)
"Person" means and includes an individual,
partnership, corporation or association.
(e)
"Drugs" mean (1) articles recognized in the current
official United States Pharmacopeia-National Formulary (USPNF), official Homeopathic Pharmacopeia of the United States,
official National Drug Formulatory, or any supplement to any of
them; and (2) articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or
animals; and (3) articles (other than food) intended to affect the
structure or any function of the body of man or animals; and (4)
articles intended for use as a component of any articles
specified in clauses (1), (2), or (3) but do not include devices or
their components, parts or accessories.
(f)
"Pharmaceuticals", "Proprietary Medicines" or
"Pharmaceutical Specialties" means any drug, preparation or
mixture of drugs marked under a trade name and intended for
the cure, mitigation or prevention of disease in man or animals.
(g)
"Device" means instruments, apparatus or
contrivances including their components, parts and
accessories, intended (1) for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or
animals; or (2) to effect the structure or any function of the
body of man or animals.
(h)
"Biologic Products" are viruses, sera, toxins and
analogous products used for the prevention or cure of human
diseases.
(i)
"Poison" is any drug, active principle, or preparation
of the same, capable of destroying life or seriously
endangering health when applied externally to the body or
introduced internally in moderate doses.
(j)
"Cipher" means a method of secret writing that
substitutes other letters or characters for the letter intended or
transposes the letter after arranging them in blocks or squares.
(k)
"Code" means a system of words or other symbols
arbitrarily used to represent words.
(l)
"Secret Keys" means a characteristics style or
symbols kept from the knowledge of others or disclosed
confidentially to but one of few.
SECTION 43.
Final Provisions. To carry out the
provisions of this Act, there is hereby authorized to be
appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of thirty thousand pesos
within the fiscal year of the approval hereof. Thereafter, such
funds as are necessary for the maintenance and operation of
the Board of Pharmacy and of the Council of Pharmaceutical
Education shall be included in the annual General
Appropriations Act.
SECTION 44.
Repealing clause. The following are
hereby repealed: Sections seven hundred seventeen to seven
hundred fifty-seven inclusive, Sections two thousand six
hundred seventy-five to two thousand six hundred seventyseven inclusive of the Revised Administrative Code, as
amended; and such other laws or part of laws, executive

orders, administrative orders; circulars, regulations and

memoranda inconsistent or incompatible with this Act.
SECTION 45.
Separability of provisions. If any part,
section or provision of this Act shall be held invalid or
unconstitutional, no other part, section or provision thereof
shall be affected thereby.
SECTION 46.
its approval.

Effectivity. This Act shall take effect upon

Approved: June 21, 1969

June 21, 1969

REPUBLIC ACT NO. 5527
AN ACT REQUIRING THE REGISTRATION OF MEDICAL
TECHNOLOGISTS, DEFINING THEIR PRACTICE, AND FOR
OTHER PURPOSES
SECTION 1.
Title. This Act may be also cited as the
Philippine Medical Technology Act of 1969. cda
SECTION 2.
Definition of Terms. As used in this Act,
the following terms shall mean:
(a)
Practice of Medical Technology. A person shall be
deemed to be in the practice of medical technology within the
meaning of this Act, who shall for a fee, salary or other
compensation or reward paid or given directly or indirectly
through another, renders any of the following profession
services for the purpose of aiding the physician in the
diagnosis, study and treatment of disease and in the promotion
of health in general;
1.
Examination of tissues, secretions and excretions of
the human body and body fluids by various electronic,
chemical, microscopic, bacteriologic, hematologic, serologic,
immunologic, nuclear, and other laboratory procedures and
techniques either manual or automated;
2.

Blood banking procedures and techniques;

3.
Parasitologic, Mycologic and Microbiologic
procedures and techniques;
4.
Histopathologic and Cytotechnology; provided that
nothing in this paragraph shall inhibit a duly registered medical
laboratory technician from performing histopathologic
techniques and procedures;
5.
Clinical research involving patients or human beings
requiring the use of and/or application of medical technology
knowledge and procedures;
6.
Preparations and standardization of reagents,
standards, stains and others, provided such reagents,
standards, stains and others are exclusively for the use of their
laboratory;
7.

Clinical laboratory quality control;

8.

Collection and preservation of specimens.

Provided, that any person who shall pass the

corresponding Board examination for the practice of a

profession already regulated by existing laws, shall not be

subject to the provisions of the last four (4) preceding
paragraphs if the performance of such acts or services is
merely incidental to his profession.
(b)
"Pathologist". A duly registered physician who is
specially trained in methods of laboratory medicine, or the
gross and microscopic study and interpretation of tissues,
secretions and excretions of the human body and its functions
in order to diagnose disease, follows its course, determine the
effectivity of treatment, ascertain cause of death and advance
medicine by means of research. cda
(c)
"Medical Technologist". A person who engages in
the work of medical technology under the supervision of a
pathologist or licensed physician authorized by the department
of health in places where there is no pathologist and who
having passed a prescribed course (Bachelor of Science in
Medical Technology/Bachelor of Science in Hygiene) of
training and examination is registered under the provision of
this Act.
(d)
"Medical Laboratory Technicians." A person
certified and registered with the Board as qualified to assist a
medical technologist and/or qualified pathologist in the practice
of medical technology as defined in this Act.
(e)
"Accredited Medical Technology Training Laboratory".
A clinical laboratory, office, agency, clinic, hospital or
sanitarium duly approved by the Department of Health or its
authorized agency. casia
(f)
"Recognized School of Medical Technology". Any
school, college or university which offers a course in Medical
Technology approved by the Department of Education in
accordance with the requirements under this Act, upon
recommendation of the council of medical technology
education.
(g)
"Council". The council of medical technology
education established under this Act.
(h)
"Board". The Board of Examiners for Medical
Technology established under this Act. acd
SECTION 3.
Council of Medical Technology Education, Its
Composition. There is hereby established a Council of
Medical Technology Education hereafter referred to as the
Council, which shall be composed of the Director of Higher
Education as Chairman; the Chairman of the Professional
Regulation Commission as Vice-Chairman; and the Director of
the Bureau of Research and Laboratories of the Department of
Health, the Chairman and two (2) members of the Board of
Medical Technology, a representative of the Deans of Schools
of Medical Technology and Public Health, and the Presidents
of the Philippine Society of Pathologists and the Philippine
Association of Medical Technologists, as members.
SECTION 4.
Compensation and Traveling Expenses of
Council Members. For every meeting actually attended, the
Chairman shall be entitled to a fifty pesos (P50.00) per diem
while the members shall be entitled to twenty-five pesos
(P25.00) each regardless of whether or not they receive
regular salaries from the government. In addition, the
Chairman and members of the Council shall be entitled to
traveling expenses in connection with their official duties. acd

and parasitology, histopathologic

SECTION 5.
Functions of the Council of Medical
Technology Education. The functions of the Council shall
be:
(a)
To recommend the minimum required curriculum for
the course of medical technology.
(b)
To determine and prescribe the number of students to
be allowed to take up the medical technology course in each
school, taking into account the student-instructor ratio and the
availability of facilities for instruction.
(c)
To approve medical technology schools meeting the
requirements and recommend closure of those found to be
substandard. cd i
(d)
To require all medical technology schools to submit
an annual report, including the total number of students and
instructors, a list of facilities available for instruction, a list of
their recent graduates and new admissions, on or before the
month of June.
(e)
To inspect, when necessary, the different medical
technology schools in the country in order to determine
whether a high standard of education is maintained in said
institutions.
(f)
To certify for admission into an undergraduate
internship students who have satisfactorily completed three
years of the medical technology course or its equivalent and to
collect from said students the amount of five pesos each which
money accrue to the operating fund of the council.
(g)
Formulate and recommend approval of refresher
course for applicants who shall have failed the Board
Examination for the third time.
(h)
To promulgate and prescribe and enforce necessary
rules and regulations for the proper implementation of the
foregoing functions. cda
SECTION 6.
Minimum Required Course. The medical
technology course shall be at least four years, including a 12month satisfactory internship in accredited laboratories, and
shall include the following subjects:
English Biochemistry
Spanish Gross Anatomy
Social Science

Histology

General Zoology Physiology

Botany Clinical Parasitology
Mathematics

General Pathology

College Physics Microbiology

General Chemistry

Biostatistics

Qualitative Chemistry

Clinical Laboratory Methods

Quantitative Chemistry

including hematology,

serology, blood banking, clinical

microscopy, applied microbiology,

techniques, and cyto-technology)

The Council is hereby authorized, subject to the approval of
the Secretary of Education to change, remove from or add to
the subjects listed above as the needs and demands of
progress in the science of medical technology may require.
acd
SECTION 7.
Board of Examiners for Medical Technology.
There is hereby created a Medical Technology Board under
the Professional Regulation Commission, which shall
thereafter be referred to as the Board composed of a Chairman
who is a pathologist, and two (2) members who are registered
medical technologists who shall be appointed by the President
of the Republic of the Philippines upon recommendation of the
Professional Regulation Commission. The Chairman and
members of the Board shall hold office for three (3) years after
appointment or until their successors shall have been
appointed and duly qualified: Provided, That the incumbent
members will continue to serve until the expiration of their
terms.
In case of death, disability, or removal of a member of the
Board, his successor shall serve only the balance of his term.
SECTION 8.
Qualifications of Examiners. No person
shall be appointed a member of the Board of Examiners for
Medical Technology unless he or she (1) is a Filipino citizen;
(2) is of good moral character; (3) is a qualified Pathologist, or
duly registered medical technologist, of the Philippines with the
degree of Bachelor of Science in Medical Technology/Bachelor
of Science in Hygiene/Public Health; (4) has been in the
practice of laboratory medicine or medical technology for at
least ten years prior to his appointment, and (5) is not a
member of the faculty of any medical technology school for at
least two (2) years prior to appointment or having any
pecuniary interest, direct or indirect, in such institution:
Provided, however, That for the first three years following the
approval of this Act, the requirement mentioned in number four
(4) shall be reduced to five years. acd
SECTION 9.

Executive Officer of the Board. cd

SECTION 10.
Compensation of Members of the Board of
Examiners for Medical Technology. Each member of the
Board shall receive a sum of ten pesos for each applicant
examined and five pesos for each applicant granted a
certificate of registration without examination.
SECTION 11.
Functions and Duties of the Board. The
Board is vested with authority and required, conformably, with
the provisions of this Act, to:
(a)

Administer the provisions of this Act;

(b)
Administer oaths in connection with the administration
of this Act;
(c)
Issue, suspend and revoke certificates of registration
for the practice of medical technology and medical laboratory
technician; casia
(d)
Look into conditions affecting the practice of medical
technology in the Philippines and, whenever necessary, adopt
such measures as may be deemed proper for the maintenance

of good ethics and standards in the practice of medical

technology;
(e)
Investigate such violations of this Act or of the rules
and regulations issued thereunder as may come to the
knowledge of the Board and, for this purpose issue subpoena
and subpoena duces tecum to secure appearance of
witnesses and production of documents in connection with
charges presented to the Board; and
(f)
Draft such rules and regulations as may be necessary
to carry out the provisions of this Act: Provided, That the same
shall be issued only after the approval of the President of the
Philippines. cda
(h)
To prescribe the qualification and training of medical
technologist as to special fields of the profession and supervise
their specialty examination conducted by the Professional
Regulation Commission;
SECTION 12.
Removal of Board Members. Any member
of the Board may be removed by the President of the
Philippines for neglect of duty, incompetency, malpractice or
unprofessional, unethical, immoral or dishonorable conduct
after having been given opportunity to defend himself in a
proper administrative investigation; Provided, That during the
process of investigation, the President shall have the power to
suspend such member under investigation and appoint a
temporary member in his place.
SECTION 13.
Accreditation of Schools of Medical
Technology and of Training Laboratories. The Department
of Education and Culture shall approve schools of medical
technology in accordance with the provisions of this Act, as
amended, in conjunction with the Board of Medical
Technology. The Department of Health through the Bureau of
Research and Laboratories shall approve laboratories for
accreditation as training laboratories for Medical Technology
students or postgraduate trainees in conjunction with the Board
of Medical Technology. The laboratories shall show
satisfactory evidence that they possess qualified personnel
and are properly equipped to carry out laboratory procedures
commonly required in the following fields: Clinical Chemistry,
Microbiology, Serology, Parasitology, Hematology, Blood
Banking, Clinical Microscopy, and Histopathologic techniques,
and that the scope of activities of said laboratories offer
sufficient training in said laboratory procedures.
SECTION 14.
Inhibition Against the Practice of Medical
Technology. No person shall practice or offer to practice
medical technology as defined in this Act without having
previously obtained a valid certificate of registration from the
Board provided that registration shall not be required of the
following:
(a)

Duly registered physicians.

(b)
Medical technologists from other countries called in
for consultation or as visiting or exchange professors to
colleges or universities: Provided, That they are only practicing
the said function. cd
(c)
Medical technologists in the service of the United
States Armed Forces stationed in the Philippines rendering
services as such for members of the said forces only.

SECTION 15.
Examination. Except as otherwise
specifically allowed under the provisions of this Act, all
applicants for registration as medical technologists shall be
required to undergo a written examination which shall be given
by the Board annually in the greater Manila area, Cebu and
Davao during the month of August or September on such days
and places as the Board may designate. Written notices of
such examination shall be published in at least three
newspapers of national circulation by the Secretary of the
Board at least thirty days prior to the date of examination.
SECTION 16.
Qualification for Examination. Every
applicant for examination under this Act, shall, prior to the date
thereof, furnish the Board satisfactory proof that he or she: cd
(a)

Is in good health and is of good moral character;

(b)
Has completed a course of at least four (4) years
leading to the degrees of Bachelor of Science in Medical
Technology or Bachelor of Science in Public Health conferred
by a recognized school, college or university in accordance
with this Decree or having graduated from some other
profession and has been actually performing medical
technology for the last five (5) years prior to the date of
examinations, if such performance began prior to June 21,
1969.
SECTION 17.
Scope of Examination. The examination
question shall cover the following subjects with their respective
relative weights: cd i
Clinical Chemistry

20%

Microbiology and Parasitology

Hematology

20%

20%

Blood Banking and Serology

20%

Clinical Microscopy (Urinalysis and other

body fluids)

10%

Histopathologic Technique 10%

Cytotechnology, Medical
Laws and its implementing
Rules, and the Code of Ethics

10%

The Board shall prepare the schedule of subjects for

examination and to submit the same to the Commissioner of
Professional Regulation Commission for publication at least
thirty (30) days before the date of examination. The Board shall
compute the general average of each examinee according to
the above-mentioned relative weights of each subject.
Provided, however, That the Board may change, add to or
remove from the list of subjects or weights above as progress
in the science of Medical Technology may require, subject to
the prior approval of the Professional Regulation Commission,
and publication of the change or amendment at least three (3)
months prior to the date of examination in which the same is to
take effect. cdasia
SECTION 18.
Report of Rating. The Board shall, within
one hundred and twenty days after the date of completion of
the examination, report the result thereof to the Commissioner

of Civil Service, who shall submit such result to the President

of the Philippines for approval. cdasia
SECTION 19.
Ratings in the Examination. In order to
pass the examination, a candidate must obtain a general
average of at least seventy-five per cent in the written test, with
no rating below fifty per cent in any of the major subjects:
Provided, That the candidate has not failed in at least sixty per
cent of the subjects computed according to their relative
weights. No further examination will be given an applicant who
has not qualified after three examinations, unless and until he
shall have completed 12 months refresher course in an
accredited medical technology school or 12-month
postgraduate training in an accredited laboratory: Provided,
That graduate of paramedical professions other than Bachelor
of Science in Medical Technology/Bachelor of Science in
Hygiene admitted to an examination under the provisions of
this Act shall not be given further examinations after his failure
to qualify for the third time. cdtai
SECTION 20.
Oath taking. All successful examinees
shall be required to take a professional oath before the Board
or before any person authorized to administer oaths prior to
entering upon the practice of medical technology in the
Philippines.
SECTION 21.
Issuance of Certificate of Registration.
Every applicant who has satisfactorily passed the required
examination for medical technologist shall be issued a
certificate of registration as such Provided, That no such
certificate shall be issued to any successful applicant who has
not attained the age of twenty-one (21) years. All certificate
shall be signed by the members of the Board and by the
Commissioner of the Professional Regulation Commission.
The duly registered medical technologist shall be required to
display his certificate of registration in the place where he
works. Provided, That upon application filed and the payment if
the required fee of one hundred and fifteen pesos (P115.00)
the Board shall issue a certificate of registration as medical
technologist without examination to persons who have been
graduated with Bachelor of Science in Medical
Technology/Bachelor of Science in Public Health in duly
recognized schools of medical technology in the Philippines or
in any foreign country, Provided, That in case of the latter, the
standard of medical technology education is substantially the
same as ours, and in addition shall have been in the practice of
medical technology for at least three (3) years prior to the filing
of the application in laboratories in the Philippines duly
accredited by the Bureau of Research and Laboratories,
Department of Health, or in foreign countries if such
performance began prior to June 21, 1969 and also to all other
persons who having graduated from other professions have
been actually performing medical technology practice for the
last eight (8) years prior to the filing of the application,
Provided, That such performance began prior to June 21,
1969. Provided, further, That the Board shall likewise issue a
certificate of registration as medical laboratory technician
without examination to any person who upon application and
payment of the required fee of fifty pesos (P50.00) show
evidence satisfactory to the Board that:
1.
He or she passed the civil service examination for
medical technician given on March 21, 1964; or

2.
Has finished a two-year college course and has at
least one (1) year of experience as medical laboratory
technician, Provided, That for every year of deficiency in
college attainment two (2) years of experience may be
substituted. Provided, further, That an applicant who has at
least ten (10) years experience as medical laboratory
technician as of the date of approval of this Decree regardless
of his academic attainment may qualify for registration without
examination; or
3.
Has failed to pass the board examination for medical
technology but had obtained a general rating of at least 70%.
Provided, finally, That a registered medical laboratory
technician when employed in the government shall have the
equivalent civil service eligibility not lower than second grade.
SECTION 22.
Fees. The Board shall charge each
applicant for examination and registration the sum of fifty
pesos, of which the sum of ten pesos shall be for registration,
and for each certificate of registration issued without prior
examination in accordance with the provisions of this Act the
sum of twenty-five pesos; for issuance of a new certificate to
replace a certificate lost, destroyed or mutilated, the Board
shall charge the sum of ten pesos. All such fees shall be paid
to the disbursing officer of the Civil Service Commission who
shall pay from the receipts thereof, all authorized expenses of
the Board including the compensation of each member. cdtai
SECTION 23.
Refusal to Issue Certificate. The Board
shall refuse to issue a certificate of registration to any person
convicted by a court of competent jurisdiction of any criminal
offense involving moral turpitude, or any person guilty of
immoral or dishonorable conduct, or of unsound mind, or
incurable communicable disease, and in such case shall give
to the applicant a written statement setting forth the reason for
its action, which statement shall be incorporated in the record
of the Board.
SECTION 24.
Administrative Investigation-Revocation or
Suspension of Certificates. Administrative investigations
shall be conducted by at least two members of the Board with
one legal officer sitting during the investigation. The existing
rules of evidence shall be observed during all administrative
proceedings, the respondents shall be entitled to be
represented by counsel or be heard in person, to have a
speedy and public hearing, to confront and cross-examine
witnesses against him or her, and to all other rights guaranteed
by the Constitution.
The Board may, after giving proper notice and hearing to the
party concerned reprimand an erring medical technologist or
revoke or suspend his certificate of registration for the causes
mentioned in the next preceding section or for causes
enumerated in section twenty-nine (29) of this Act, or for
unprofessional conduct, malpractice, incompetency, or serious
ignorance or gross negligence in the practice of medical
technology. casia
No penalty of revocation shall be imposed unless there is a
unanimous vote of all the three members of the Board. The
Board may, by majority vote, impose the penalty of reprimand
or suspension, the latter however not to exceed two years.
When the penalty of suspension or revocation is imposed by
the Board the medical technologist shall be required to
surrender his certificate of registration within thirty days after

the decision becomes final, under the pain of perpetual

disqualification from the practice of medical technology in the
Philippines for inexcusable failure to do so. The suspension
shall run from the date of such surrender.
SECTION 25.
Appeal. The revocation or suspension of
a certificate made by the Board shall be subject to appeal to
the Civil Service Commissioner whose decision shall become
final thirty days after its promulgation, unless the respondent
within the same period has appealed to the office of the
President of the Philippines. cd i
SECTION 26.
Reinstatement, Reissue or Replacement of
Certificates. The Board may, upon application and for
reason deemed proper and sufficient, reissue any revoked
registration certificate. The suspension of a certificate of
registration shall be automatically lifted upon the expiration of
the period of suspension and said certificate shall be re-issued
to the medical technologist concerned upon request without
prejudice to further actions by the Board for violation of the
provisions of this Act or conditions imposed by the Board upon
the medical technologist during the period of suspension.
SECTION 27.
Foreign Reciprocity. No foreigner shall be
admitted to examination, or be given a certificate of registration
or be entitled to any of the rights and privileges under this Act,
unless the country or state which he is a subject or a citizen
permits Filipino Medical Technologists to practice within its
territorial limits on the same basis as the subjects or citizens of
said country or state. aisa dc
SECTION 28.
Roster of Medical Technologists. A roster
of Medical Technologists shall be prepared annually by the
Secretary of the Board, commencing on the year following that
in which this Act shall become effective. This roster shall
contain the name, address and citizenship of each registered
Medical Technologist, date of registration or issuance of
certificate, and other data which in the opinion of the Board are
pertinent. The roster shall be open to public inspection, and
copies thereof shall be mailed to each person included therein,
placed on file in the Office of the President, furnished all
Department Heads and all bureaus, offices and
instrumentalities of the Department of Health and to such other
offices, private or governmental, and to the public upon
request.
SECTION 29.
Penal Provisions. Without prejudice to the
provision of the Medical Act of 1959 as amended relating to
illegal practice of Medicine, the following shall be punished by
a fine of not less than two thousand pesos nor more than five
thousand pesos, or imprisonment for not less than six months
nor more than two years, or both, in the discretion of the court:
(a)
Any person who shall practice Medical Technology in
the Philippines without being registered or exempted from
registration in accordance with the provisions of this Act;
(b)
Any medical technologist, even if duly registered, who
shall practice medical technology in the Philippines without the
necessary supervision of a qualified pathologist or physician
authorized by the Department of Health;
(c)
Any medical technologist who shall knowingly made a
fraudulent laboratory report;

(d)
Any duly registered medical technologist who shall
refuse or fail, after due warning by the Board to display his
certificate of registration in the place where he works;
(e)
Any person presenting or attempting to use as his
own, the certificate of registration of another;
(f)
Any person who shall give any false or fraudulent
evidence of any kind to the Board of any member thereof
obtaining a certificate of registration as Medical Technologist;
(g)
Any person who shall impersonate any registrant of a
like or the same name;
(h)
Any person who shall attempt to use a revoked or
suspended certificate of registration;
(i)
Any person who shall in connection with his name
otherwise, assume, use or advertise any title or description
tending to convey the impression that he is a Medical
Technologist without holding a valid certificate of registration;
(j)
Any person or corporate body who shall allow anyone
in his employ who is not a registered medical
technologist/medical laboratory technician to engage in
practice of medical technology or recommend for appointment
anyone to the position of medical technologist/medical
laboratory technician knowing that he is not registered as such.
(k)
Any person or corporate body who shall violate the
rules and regulations of Board or orders promulgated by it after
having been duly approved and issued by the President of the
Philippines upon recommendation of the Commissioner of Civil
Service for the purpose of carrying out the provisions of this
Act.
SECTION 30.
Separability Clause. If any provision of
this Act or the application of such provision to any person or
circumstance is declared invalid by a court of competent
jurisdiction, the remainder of this Act or of the application of
such provision to other persons or circumstances shall not be
affected by such declaration.
SECTION 31.
Repealing Clause. All Acts, executive
orders, rules and regulations, or parts thereof inconsistent with
the provisions of this Act are hereby repealed: Provided,
however, That nothing in this Act shall be construed as
repealing or amending any portion of the Medical Act of 1959
(R.A. 2382, as amended by R.A. 4224), the Clinical Laboratory
Act of 1966 (R.A. 4688), and the Blood Banking Law of 1956
(R.A. 1517).
SECTION 32.
its approval.

Effectivity. This Act shall take effect upon

Approved: June 21, 1969 casia

March 19, 2004

REPUBLIC ACT NO. 9268
AN ACT TO REGULATE THE PRACTICE OF VETERINARY
MEDICINE IN THE PHILIPPINES, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 382 AND FOR OTHER
PURPOSES
ARTICLE I

Title, Policy and Definition of Terms

SECTION 1.
Title. This Act shall be known as "The
Philippine Veterinary Medicine Act of 2004." CAIHaE
SECTION 2.
Declaration of Policy. It shall be the policy
of the State to upgrade the practice of veterinary medicine for
the purpose of protecting the animal population in the country
through safe and proper diagnosis, treatment and surgery of
these animals. The State recognizes the important role of
veterinarians in nation building and promotes the sustained
development of veterinarians whose competence has been
validated by honest and credible licensure examination and
whose standards of professional practice and service are
world-class and internationally recognized and globally
competitive.
SECTION 3.
shall govern:

Objectives. This Act provides for all and

(a)
The administration and conduct of licensure
examinations, registration and licensing of veterinarians;
IcDHaT
(b)
The supervision of regulation of the practice of
veterinary medicine;
(c)
The integration of veterinarians under an accredited
veterinary professional organization; and
(d)
The development of the professional competence of
veterinarians through continuing professional education (CPE)
in accordance with the guidelines set by the Professional
Regulation Commission (PRC).
SECTION 4.

Definition of Terms.

(a)
"Veterinarian" is a natural person who has been
registered and issued a valid Certificate of Registration and
Professional Identification Card by the Professional Regulatory
Board of Veterinary Medicine in accordance with this Act.
(b)
"Accredited Professional Organization" refers to the
professional organization of veterinarians accredited by the
Board and the Commission. BenchStat
ARTICLE II
Professional Regulatory Board of Veterinary Medicine
SECTION 5.
Composition of the Board. There shall be
created a Professional Regulatory Board of Veterinary
Medicine, hereinafter referred to as the Board, under the
administrative supervision and control of the PRC, hereinafter
referred to as the Commission, to be composed of a chairman
and two (2) members, who shall be appointed by the President
of the Philippines from among a list of three (3) recommendees
for each position submitted by the Commission from a list of
five (5) nominees for each position submitted by the accredited
professional organization of veterinarians. ITECSH
SECTION 6.
Qualifications of Members of the Board.
The members of the Board must at the time of nomination,
recommendation, and appointment:
(a)
be a Filipino citizen and resident of the Philippines for
at least five (5) years immediately preceding nomination,
recommendation and appointment;

(b)
be of good health, sound mind, good moral character
and reputation and have not been convicted by final judgment
of any crime involving moral turpitude;
(c)
be a registered veterinarian and holder of a valid
Certificate of Registration and a valid Professional
Identification Card;
(d)
be a member of good standing of the accredited
professional organization; ICTaEH
(e)
not be a member of the faculty whether full time, part
time or as lecturer, of any school, college or university where a
regular course in veterinary medicine is taught, or be a
member of a staff of reviewers in a review school or center,
and not have any direct or indirect pecuniary interest in any
such institution;
(f)
and

have practiced veterinary medicine for ten (10) years;

(g)
not be an officer of an accredited professional
organization at the time of nomination.
SECTION 7.
Term of Office. The chairperson and the
two (2) members of the Board shall hold office for a term of
three (3) years from the date of their appointments until their
successors shall have been appointed and duly qualified and
may be reappointed once. The member serving the last year of
his/her term shall automatically become the chairperson of the
Board. Vacancies in the Board shall be filled for the unexpired
portion of the term only. Each member shall take the proper
oath prior to assumption of duty. Upon effectivity of this Act,
the incumbents whose term have not yet expired or who are on
holdover status shall be allowed to serve the unexpired portion
of their terms. cDCaHA
SECTION 8.
Powers, Functions, Duties and
Responsibilities of the Board. The Board shall have the
following specific powers, functions, duties and responsibilities:
(a)
Enforce, administer, and implement the provisions of
this Act;
(b)
Determine and evaluate the qualifications of the
applicants for examination, registration and for issuance of
Certificates of Registration and Professional Identification
Cards and/or special permits pursuant to the provisions of this
Act;
(c)
Prepare, adopt, issue or amend the syllabi for the
subjects in the licensure examination, in consultation with the
Commission on Higher Education (CHED), the academe and
the accredited professional organization;
(d)
Register successful examinees in the licensure
examination and issue the corresponding Certificates of
Registration;
(e)
Enroll in the registry book of veterinarians the names
of successful examinees and to issue Certificates of
Registration and Professional Identification Cards;
(f)
Prescribe guidelines providing for the continuing
professional education (CPE) program for registered and
licensed veterinarians upon recommendation of the accredited
professional organization of veterinarians; HDIATS

(g)
Revoke Certificates of Registration of or suspend
registered and licensed veterinarians from the practice of
his/her profession or to cancel special temporary permits after
due notice and hearing;

(e)
Disclosure of the examination questions or similar
secret information;

(h)
Adopt and administer a Code of Ethics and a Code of
Technical Standards for Doctors of Veterinary Medicine;

(g)
Final conviction by the court of criminal offense
involving moral turpitude.

(i)
Hear or investigate on its own or by delegation to a
board of member and a legal hearing officer of the Commission
cases arising from violations of this Act, the Rules and
Regulations, Code of Ethics and Code of Technical Standards
issued thereunder and, in connection therewith, to issue
subpoena ad testificandum and subpoena duces tecum to
alleged violators or witnesses to compel their attendance and
the production of documents;

SECTION 11.
Administrative Supervision of the Board,
Custodian of its Records, Secretariat and its Support Services.
The Board shall be under the administrative and executive
management of the Commission. All records of the Board,
including applications for examination, minutes of
deliberations, and administrative and other investigative cases
shall be under the custody of the Commission. The
Commission shall designate the Secretary of the Board and
shall provide the secretariat and support services to implement
the provisions of this Act. DSacAE

(j)
Look into the conditions affecting the practice of
veterinary medicine in the Philippines, adopt measures for the
enhancement of the profession and the maintenance of high
professional, technical and ethical standards of the profession;
(k)
Recommend to the CHED, in coordination with the
accredited professional organization, the prescribing,
amending and/or revising of the collegiate course leading to
the degree of Doctor of Veterinary Medicine; ACaEcH
(l)

Adopt the official seal of the Board;

(m)
Promulgate such rules and regulations or
administrative orders and issuances as may be necessary to
properly and fully carry out the provisions of this Act; and
(n)
Perform such other functions and duties as may be
necessary to implement this Act.
The policies, resolutions, and rules and regulations issued or
promulgated by the Board shall subject to review and approval
by the Commission. However, the Board's decisions,
resolutions or orders which are not interlocutory, rendered in
administrative case, shall be subject to review only if on appeal
with the Commission. The decision of the Board and/or the
Commission may be appealed to the Court of Appeals in
accordance with the Rules of Court.
SECTION 9.
Compensation and Allowances of the Board.
The chairman and members of the Board shall receive
compensation and allowances comparable to the
compensation and allowances received by existing regulatory
boards under the Commission as provided for in the General
Appropriations Act. ICDcEA
SECTION 10.
Removal of Board Members. The
chairman and members of the Board may be removed from
office by the President of the Philippines, upon
recommendation of the Commission on the following grounds:
(a)

Neglect of duty;

(b)

Incompetence;

(c)
Violation of Republic Act No. 6713, otherwise known
as "The Code of Conduct and Ethical Standards for Public
Officials and Employees," and "The Code of Ethics of the
Veterinary Medicine Profession;"
(d)
Manipulation or rigging of the veterinary licensure
examination results;

(f)

Tampering of the grades therein; and

SECTION 12.
Annual Report. The Board shall, after the
close of the fiscal year, submit an annual report to the
Commission giving a detailed report of the activities and
proceedings of the Board during the year and embodying such
recommendations as the Board may desire to make.
ARTICLE III
Examination and Registration of Veterinarians
SECTION 13.
Examination Required. Except as
otherwise specifically allowed under this Act, all applicants for
registration for the practice of veterinary medicine shall be
required to pass a licensure examination to be given by the
Board and the Commission in such places and dates as the
Commission may designate in accordance with Republic Act
No. 8981, subject to compliance with the requirements
prescribed by the Commission.
SECTION 14.
Subjects Covered by the Examination.
The subjects for the licensure examination, shall cover the
following:
(1)

Veterinary Parasitology;

(2)

Veterinary Pharmacology; ScTaEA

(3)
Veterinary Medicine (including Ethics, Surgery,
Animal Welfare and Jurisprudence);
(4)
Zootechnics (including Animal Behavior and
Environmental Health);
(5)

Veterinary Microbiology and Veterinary Public Health;

(6)

Veterinary Physiology;

(7)

Veterinary Anatomy; and

(8)

Veterinary Pathology.

The Board may amend, modify or exclude any of the subjects

in the syllabi and add new ones as technological need arises
subject to the approval of the Commission.
SECTION 15.
Qualifications of Applicant for Examination.
In order to qualify for examination, an applicant shall
establish to the satisfaction of the Board that:

(a)
he/she is a citizen of the Philippines or a foreigner
whose country has reciprocity with the Philippines in the
practice of veterinary medicine; EcDTIH
(b)
he/she is in good health and moral character, and
sound mind;
(c)
he/she has not been convicted by final judgment of an
offense involving moral turpitude by a competent court; and
(d)
he/she is a holder of a Degree in Veterinary Medicine
from a recognized accredited College of Veterinary Medicine
by the Commission on Higher Education (CHED).
SECTION 16.
Report of Ratings. The Board shall, within
ten (10) days or earlier after the date of examination, report the
rating obtained by each candidate to the Commission for
official release and publication.
SECTION 17.
Ratings in the Examination. In order to
pass the examination, a candidate must obtain a weighted
average of at least seventy-five percent (75%) with no rating
below sixty percent (60%) in any subject. A candidate who
obtains an average rating of seventy-five percent (75%) or
higher but gets a rating below sixty percent (60%) in any
subject shall be allowed to take a re-examination in only those
subjects in which he/she obtained a rating below sixty percent
(60%). Should he/she fail to obtain seventy-five percent (75%)
in the reported subject or subjects, his/her examination shall be
considered as failed, and he/she shall be required to take all
the subjects in the next examination.
SECTION 18.
Issuance of Certificate of Registration and
Professional Identification Card. A Certificate of Registration
as a veterinarian shall be issued to an applicant who passes
the examination or who is registered without examination and
shall indicate the full name of the registrant, serial number,
date of issuance bearing the signature of the Commission
Chairperson and the chairman and members of the Board, with
the official seal of the Board and the Commission. ITCHSa
A Professional Identification Card bearing the registration
number, date of issuance, expiry date, duly signed by the
Commission Chairperson, shall likewise be issued to every
registrant who has paid the prescribed fee.
SECTION 19.
Fees for Examination, Registration and
License. Applicants for examination and registration and for
the issuance of a Professional Identification Card shall pay the
fees prescribed by the Commission.
SECTION 20.
Oath. All successful examinees and
registrants without examination shall be required to take a
professional oath before any member of the Board or any
official authorized by the Commission or any government
official authorized by law before they start their practice.
SECTION 21.
Refusal to Register. The Board shall
refuse to register an applicant as a veterinarian and to issue
his/her Certificate of Registration and Professional
Identification Card if he/she is convicted of any criminal offense
involving moral turpitude, or found guilty of immoral or
dishonorable conduct, or he/she is declared by the court to be
of unsound mind or have violated the Animal Welfare Act. The
Board shall furnish the applicant a written statement setting
forth the reasons for its action which shall be incorporated in
the records of the Board. aHTCIc

SECTION 22.
Revocation of Certificate of Registration and
Suspension from the Practice of Veterinary Medicine and
Cancellation of Special Permit. The Board shall have the
power to reprimand or suspend any person from the practice of
veterinary medicine, revoke the Certificate of Registration of a
registered veterinarian, or cancel a special permit issued upon
any of the following grounds:
(a)

any of the causes mentioned in Section 21;

(b)

unprofessional and unethical conduct;

(c)
gross incompetence, gross negligence, gross
ignorance or any other acts of malpractice resulting in the
disability, disfigurement or death of an animal;
(d)
use of fraud, deceit, or false statements in obtaining
registrations, Certificate of Registration, Professional
Identification Card, or special permit;
(e)
for chronic inebriety or habitual substance abuse;
cIECaS
(f)
having professional connection with or lending one's
name to an illegal practitioner of veterinary medicine;
(g)
fraud or dishonesty in applying, teaching or report on
any laboratory test and or research findings;
(h)
false misleading advertising, having for its purpose or
intent deception or fraud;
(i)
knowingly and deliberately concealing or failing to
report as required by law, or making false reports regarding the
spread of contagious or infectious diseases;
(j)
violation of the rules and regulations, Code of Ethics,
Code of Technical Standards and other policies of the Board
and the Commission issued pursuant to this Act; or
(k)
practicing his/her profession during the period of
his/her suspension from the practice of his profession.
SECTION 23.
Rights of Respondent. The respondent
registered veterinarian shall be entitled to counsel, a speedy
public hearing, and to confront and cross-examine witnesses
against him. SDITAC
SECTION 24.
Administrative Investigation. Within five
(5) days after filing of written charges under oath, respondent
registered veterinarian shall be furnished a copy thereof
requiring him to answer the same. The administrative
investigation shall be conducted by the Board, or any of its
members as may be designated by the Chairman of the Board,
legal or hearing officer of the Commission, on cases involving
the practice of the profession: Provided, however, That the
decision shall be promulgated by the Board.
SECTION 25.
Appeal. The decision on the denial or
refusal to issue Certificate of Registration, the revocation or
suspension of the Certificate of Registration, and the
cancellation of special permit by the Board shall be final unless
appealed to the Commission within fifteen (15) days from
receipt of the decision. The decision of the Board and/or
Commission may be appealed to the Court of Appeals.
SECTION 26.
Reinstatement. Subject to the approval of
the Commission, a person may apply to the Board for

reinstatement of his/her Certificate of Registration/professional

license any time after the expiration of one (1) year from the
date of revocation of said certificate. The application shall be in
writing and shall conform to the requirements provided by the
Board. No certificate shall be reinstated unless the Board is
satisfied that a good cause exists to warrant such
reinstatement. HcACST
SECTION 27.
Indication of the Certificate of Registration
and Professional Identification Card and Professional Tax
Receipts. A registered and licensed veterinarian shall
indicate his/her Certificate of Registration/Professional
Identification Card with date of issue and expiry, and the
Professional Tax Receipt number, on the prescription and
other documents he/she signs, uses, or issues in connection
with the practice of his/her profession.
SECTION 28.
Automatic Registration. All veterinarians
whose names appear in the roster of veterinarians shall be
automatically or ipso facto registered as veterinarians under
this Act.
ARTICLE IV
Practice of Veterinary Medicine
SECTION 29.
Acts Constituting Practice of Veterinary
Medicine. A person who is authorized to practice veterinary
medicine under this Act shall append or cause to be appended
to his name the letters D.V.M. (Doctor of Veterinary Medicine),
V.M.D. (Veterinary Medical Doctor), D.V.S. (Doctor of
Veterinary Science), the words "Veterinarian," "Veterinary
Surgeon," "Veterinary Dentist," or "Veterinary," any other initial
or title implying qualification to practice, offer or render, for a
fee or otherwise, services such as:
(a)
the examination and/or diagnosis, treatment,
operation of, or the prescribing and dispensing of any remedy
for, any injury to or disease, ailment or deformity of animals;
ADETca
(b)
attesting for official or commercial purpose to the
health of any terrestrial, aquatic, domestic or non-domestic
animals;
(c)
rendering veterinary technical services which directly
or indirectly affect the health and welfare of human beings and
animals;
(d)
attesting to the fitness for human consumption of
animal products and by-products;
(e)
holding of any job or position in a public or private
entity which requires knowledge of or skill in veterinary
medicine; or
(f)
teaching or lecturing of veterinary clinical subjects in
the curriculum of the degree in veterinary medicine.
Provided, That the enumeration of the above practices or
services in this Section shall not be construed as excluding any
other work requiring knowledge and application of professional
veterinary medicine which the Board may specify, upon
recommendation of the accredited professional organization in
Veterinary Medicine.
SECTION 30.
Unlawful Practice of Veterinary Medicine.
It shall be unlawful for any person to practice veterinary

medicine and any of its allied branches, including veterinary

dentistry, without a valid and existing Certificate of Registration
and Professional Identification Card issued by the Board of
Veterinary Medicine and the Commission. IcaHCS
SECTION 31.
Foreign Reciprocity. No foreigner shall be
admitted to the examination or be registered as veterinarian
under this Act unless he/she proves that the country of which
he/she is a citizen of, either permits Filipino citizens to practice
veterinary medicine without need for registration, without
restriction, or allows them to practice after an examination on
terms of strict and absolute equality with nationals of said
country.
SECTION 32.
Roster of Veterinarians. The Board shall
keep a roster of the names, residence and office address of all
registered and licensed veterinarians. The said roster shall be
made available to the public upon request and payment of
prescribed fees therefor.
SECTION 33.
Penal Provision. The following persons
shall be punished:
(a)
Any person who shall practice veterinary medicine
within the meaning of this Act without a valid Certificate of
Registration and a valid Professional Identification Card or a
valid special permit issued in accordance herewith;
(b)
Any person presenting or using as his or her own
Certificate of Registration or Professional Identification Card of
another;
(c)
Any person who shall give any false or forged
evidence of any kind to the Board or the Commission in
obtaining any of the foregoing documents; cTIESa
(d)
Any person who shall falsely impersonate any
registrant with like or different name;
(e)
Any registered and licensed veterinarian who shall
abet or assist illegal practice of a person who is not lawfully
qualified to practice veterinary medicine;
(f)
Any person who shall attempt to use a revoked or
suspended Certificate of Registration or an invalid or expired
Professional Identification Card or a cancelled special permit;
(g)
Any person assuming, using or advertising any title,
description tending to convey the impression that he or she is a
registered and licensed veterinarian; or
(h)
Any person who violates any provision of this Act and
its rules and regulations shall, upon conviction, be punished by
a fine of not less than Fifty thousand pesos (P50,000.00) nor
more than One hundred thousand pesos (P100,000.00) or by
imprisonment of not less than one (1) year nor more than five
(5) years or both fine and imprisonment for each and every
offense at the discretion of the court. TcSAaH
SECTION 34.
Enforcement. The Commission shall
implement the provisions of this Act, enforce its implementing
rules and regulations as adopted by the Board and assist the
Board in the investigation of complaints against violators of this
Act, its rules and regulations and other policies of the Board.
The Commission shall call upon or request any department,
instrumentality, office, bureau or agency of the government
including local government units to render such assistance as

it may require to coordinate or cooperate in order to carry out,

enforce or implement the provisions of this Act.
SECTION 35.
Funding Provision. The Chairperson of
the PRC shall immediately include in the Commission's
programs the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.
SECTION 36.
Implementing Rules and Regulations.
Within sixty (60) days after the effectivity of this Act, subject to
the approval of the Commission, the Board in coordination with
the accredited professional organization, shall promulgate the
necessary rules and regulations to implement the provisions of
this Act, which shall be effective after fifteen (15) days
following its publication in the Official Gazette or newspaper of
general circulation. aIAHcE
SECTION 37.
Separability Clause. If any part of this Act
is declared unconstitutional, the remaining parts not affected
thereby shall continue to be valid and operational.
SECTION 38.
Repealing Clause. Republic Act No. 382
and all other laws, decrees, orders, circulars, rules and
regulations, and other issuances, and parts thereof which are
inconsistent with this Act are hereby superseded, repealed,
amended, or modified accordingly.
SECTION 39.
Effectivity. This Act shall take effect thirty
(30) days after its publication in the Official Gazette or in any
newspaper of general circulation. TAcSCH
Approved: March 19, 2004
Published in the Daily Tribune on March 26, 2004.

June 21, 1969

REPUBLIC ACT NO. 5680
AN ACT CREATING THE BOARD OF EXAMINERS FOR
PHYSICAL THERAPISTS AND OCCUPATIONAL
THERAPISTS
SECTION 1.
Short Title of Act. This Act shall be known
as the Philippine Physical and Occupational Therapy Law.
SECTION 2.
Definition of Terms. As used in this Act,
the following terms shall mean:
(a)
Physical therapy is the art and science of treatment
by means of therapeutic exercises, heat, cold, light, water,
manual manipulation, electricity, and other physical agents.
(b)
Physical therapy technician is a person, who not
having acquired a bachelor's degree in Physical Therapy is
qualified through in-service training and practical experience to
assist in the application of physiotherapeutic procedures and to
undertake specific assignments as directed by a qualified
physical therapist in carrying out the prescription of a licensed
physician. Such assignments shall be confined within the limits
of a hospital or institution of employment.
(c)
Rehabilitation medicine, at the patient level, is the
"clinical management of the problems associated with
disability, with the objective of improving to the maximum level
the physical, socio-economic and physiological functioning of a
disabled individual. Medical rehabilitation is an integrated part

of the total medical care. Total rehabilitation is best achieved

through the coordinated work of various health disciplines like
medicine, psychology, social work, physical therapy,
occupational therapy, speech and hearing, nursing, vocational
evaluation, dietetics, and special education."
(d)
Physical therapist is a person legally qualified and
licensed to practice physical therapy under this Act.
(e)
Physiatrist is a legally qualified and licensed physician
specializing in the practice of rehabilitation medicine.
(f)
Occupational therapy is a paramedical discipline
concerned with the administration of medically prescribed
treatment, in the form of supervised activity, to persons
disabled by disease or injury. The objective of occupational
therapy is to contribute to the development of the disabled
person's independence, to improve his emotional, social, and
physical well-being and his ability to care for himself both at
home and on the job, and to begin early evaluations and
experimentation for future job training and employment.
Occupational therapy may be prescribed by a general medical
practitioner or a specialist in any of the recognized branches of
medicine and is administered under the direction of a
registered occupational therapist.
(g)
Occupational therapists is a legally qualified person
licensed to practice occupational therapy under this Act and
who by accepted academic training and professional clinical
experience possesses the knowledge and skills to achieve the
objectives as defined and set by the occupational therapy
profession. The occupational therapist functions through the
use of the basic methods, approaches and procedures of
occupational therapy (creative, manipulative, educational, prevocational evaluation and self-care activities) which are
designed to assess and develop the actual and potential
abilities of the individual.
The occupational therapist plans, organizes, evaluates, and
participates in a medically oriented treatment program to assist
the disabled person towards physical independence,
productivity, and constructive personal or social relationship.
The occupational therapist functions in general and special
hospitals, rehabilitation and welfare centers, pediatric clinics,
psychiatric clinics, specialized schools, geriatric institutions,
home care programs, and work-adjustment units.
(h)
Occupational therapy technician or assistant is a
person who, not having acquired a bachelor's degree in
occupational therapy, is qualified, as determined by a bona fide
national professional association of occupational therapists in
the Philippines through in-service training and practical
experience, to function as an assistant to and under the direct
supervision of an occupational therapist to assist in
rehabilitating patients in hospitals and similar institutions.
(i)
Disability is a loss or reduction of a person's capacity
to effectively cope with the demands of his environment as a
result of disease or injury, including birth trauma.
SECTION 3.
Board of Examiners for Physical Therapists
and Occupational Therapists. There is hereby created a
Board of Examiners for Physical Therapists and Occupational
Therapists, hereinafter called the Board, to be composed of a
chairman and four members who shall be appointed by the

President of the Philippines with the consent of the

Commission of Appointments. The chairman shall be a
physiatrist and four members shall be two professionally
qualified occupational therapists and two professionally
qualified physical therapists. The physiatrist shall be appointed
from lists of qualified physiatrists, submitted by the society of
physical medicine and rehabilitation and the occupational
therapists and physical therapists by their respective bona fide
national professional organization or association and submitted
to the President of the Philippines through the Commissioner
of Civil Service. Succeeding Boards shall consist of a chairman
who shall be a physiatrist recommended and appointed as
hereinabove stated, two members who shall be registered
physical therapists recommended by the Philippine Physical
Therapy Association, and two members who shall be
registered occupational therapists who shall be recommended
by the Occupational Therapy Association of the Philippines
Incorporated. The chairman and members of the board shall
be appointed within six months upon the approval of this Act.
SECTION 4.
Qualifications of Board Members. The
chairman and members of the Board, at the time of their
appointment, shall each be:
(a)
A citizen and resident of the Philippines for at least
five years;
(b)
At least thirty-five years of age if he is a chairman, or
thirty years of age if he is a member;
(c)
Of good moral character and must not have been
convicted of a crime involving moral turpitude;
(d)
A physiatrist if he is the chairman, or a holder of a
bachelor's degree in physical therapy or occupational therapy
with at least five years experience as a physical therapist or
occupational therapist as the case may be; and
(e)
Not a member of the faculty of any school, college or
university conferring a bachelor's degree in physical therapy or
occupational therapy as a major study at the time of his
appointment nor have any pecuniary interest, directly or
indirectly, in any such institution: Provided, That this
subparagraph shall not be applicable to the chairman and
members of the first Board.
SECTION 5.
Powers and Duties of the Board. The
Board shall have the following powers and duties:
(a)
To issue, suspend, revoke, or re-issue any certificate
of registration for the practice of physical therapy or
occupational therapy as defined in this Act;
(b)
To study, promote and improve the conditions of the
practice of physical therapy and occupational therapy in the
Philippines;
(c)
To give examinations to applicants for the practice of
physical therapy and occupational therapy in accordance with
the provisions of this Act;
(d)
To look into the conditions affecting the practice of
physical therapy and occupational therapy in the Philippines
and, whenever necessary, adopt such measures as may be
proper for the maintenance of good ethics and high
professional standard in the practice of such professions;

(e)
To study the condition affecting physical therapy and
occupational therapy education; to study and examine the
facilities and prescribe the basic curricula of any school,
college or university seeking permission to open or offering
physical therapy or occupational therapy program or course;
and to require the employment of qualified members of the
faculty in such educational institutions. No school, college or
university shall be authorized to offer courses in physical
therapy or occupational therapy without the favorable written
recommendation of the Board;
(f)
To exercise such other powers, functions and duties
as may be necessary to carry into effect the purposes of this
Act and to maintain an efficient, ethical, moral and professional
standard in the practice of physical and occupational therapy in
the Philippines.
SECTION 6.
Term of Office of Board Members. The
Chairman and members of the Board shall hold office for a
term of three years and until their successors shall have been
appointed and qualified: Provided, That of the first Board, two
members, a physical therapist and an occupational therapist,
shall hold office for a term of two years and the other two
members belonging to the same two professions shall hold
office for a term of three years. Any vacancy in the Board for
any cause other than the expiration of the term shall be filled
by appointment until the expiration of the term of the member
to be replaced.
SECTION 7.
Removal of Members. Any member of the
Board may be removed by the President of the Philippines for
neglect of duty, incompetence, malpractice, or unprofessional,
unethical immoral or dishonorable conduct after having been
given the opportunity to defend himself in a proper
administrative investigation: Provided, That pending the final
disposition of the case against him, a member may be
suspended by the President and another appointed to fill the
temporary vacancy in the Board.
SECTION 8.
Executive Officer of the Board. The
Commissioner of Civil Service shall be executive officer of the
Board, and shall conduct the examination given by it according
to the rules and regulations promulgated by him and approved
by the President. The Secretary of the Board of examiners
appointed in accordance with Section ten of Republic Act
Numbered Four thousand seven, as amended, shall be the
Secretary of the Board. All records of administrative
proceedings and investigations of the Board shall be kept by
the Civil Service Commission. *
The Secretary of the Board shall keep separate registers of all
persons to whom certificates of registration for the practice of
physical therapy and occupational therapy, respectively, have
been issued. Such registers shall contain the name and sex of
the physical therapist or the occupational therapist registered
therein and the name of the school, college or university from
which he graduated or in which he studied. He shall keep such
register up to date.
SECTION 9.
Compensation of Board Members. The
members of the Board shall each receive as compensation the
sum of ten pesos for each applicant examined. Any member of
the Board who is in the service of the Government shall
receive the compensation herein provided in addition to his
salary.

SECTION 10.
Rules and Regulations. Subject to
approval of the President of the Philippines and with the advice
of the Commissioner of Civil Service, the Board shall adopt
rules and regulations to carry out the provisions of this Act and
shall set ethical and professional standards for the practice of
physical therapy and occupational therapy in the Philippines.
SECTION 11.
Annual Report. The Board shall submit an
annual report to the President of the Philippines and the
President of the Senate and Speaker of the House of
Representatives after the close of each fiscal year, giving a
detailed account of the proceedings of the Board during the
year and embodying such recommendations as the Board may
desire to make.
SECTION 12.
Inhibition Against the Practice of Physical
Therapy and Occupational therapy. No person shall practice
or offer to practice physical therapy or occupational therapy in
the Philippines as defined in this Act, without the prescription of
a duly registered physician and a valid certificate of registration
as a physical therapist or an occupational therapist, as the
case may be, issued by the Board of Examiners for Physical
Therapists and Occupational Therapists.
A person shall be deemed to be practicing physical therapy
within the meaning of this Act, who for a fee or other
consideration applies or advises the use of heat, cold, light,
electricity or other means for the treatment or prevention of
disorders of neuro-muscular or musculo-skeletal systems of
the human body or subject a patient to passive mobilization of
physical rehabilitation procedures repeatedly.
A person shall be deemed to be practicing occupational
therapy within the meaning of this Act who, for a fee or other
consideration, applies or advises the use of occupational
therapy treatment media as herein defined, or other
occupational means for the treatment or prevention of
disorders of the physical or psychological formation of the
human body, or subjects a patient to occupational therapy
procedures repeatedly.
SECTION 13.
Exemptions. Nothing in this Act shall be
construed to apply or affect the practice of (a) any registered
physician; (b) any physical therapy or occupational therapy
student as part of their undergraduate training in an approved
school, college or university for medical therapy or
occupational therapy, as the case may be; (c) all physical
therapists who are already in the government service who
became eligible by virtue of the testimonial examination given
by the Civil Service Commission on December twenty-nine,
nineteen hundred and sixty-seven in the City of Manila.
SECTION 14.
Holding of Examinations. Except as
otherwise specifically provided, all applicants for registration for
the practice of physical therapy in the Philippines shall be
given by the Board on the first Saturday of June and December
of each year, and for the practice of occupational therapy one
week thereafter, at the City of Manila or at such other places
as may be deemed necessary or expedient by the Board,
subject to the approval of the Commissioner of Civil Service
and the President of the Philippines.
SECTION 15.
Qualification of Applicants. In order to be
admitted to the physical therapists' examination or the
occupational therapists' examination, as the case may be, an

applicant must, at the time of the filing of his or her application,

establish to the satisfaction of the Board that:
(a)
He is a citizen of the Philippines, or if a foreigner,
must prove that the country of which he is a subject or citizen
permits Filipino physical therapists or occupational therapists
to practice within its territorial jurisdiction on the same basis as
the subjects or citizens of such country;
(b)

He is at least twenty-one years of age;

(c)

He is of good health and of good moral character;

(d)
He has finished a standard academic high school
course or its equivalent in a school, college or university legally
established or duly recognized by the government;
(e)
He has received a degree, if he is an applicant for the
physical therapy examination, in Physical Therapy from a
school of physical therapy duly recognized by the Government:
Provided, That such educational institution offers at least the
following academic subjects prior to the admission in the main
physical therapy course, namely, English, Mathematics,
Speech, Political Science, Social Science, Humanities,
Psychology, Spanish, Physics, Zoology and Chemistry:
Provided, further, That such educational institution offers at
least the following academic subjects in the main therapy
course, namely: Anatomy Physiology, Applied Kinesiology,
Introduction to Nursing, Theory and Practice of Massage,
Electrotherapy, Prosthetics, Splinting, Bandaging and
Plasterwork, Exercise Therapy, General Medical and Surgical
Conditions, Neurological and Orthopedic Conditions, Principles
of Rehabilitation, Pathology, Proprioceptive Neuromuscular
Facilitation, Selected Medical and Surgical Conditions,
Administration and Ethics, Medical Psychology; or
He has received a degree, if he is an applicant for the
occupational therapy examination, in Occupational Therapy or
any other title of equivalent standard from a school of
occupational therapy duly recognized by the Government:
Provided, That such educational institution offers at least the
following academic subjects prior to admission in the main
occupational therapy course, namely, English, Spanish,
Humanities, Zoology, Chemistry, Sociology, Philippine History
and Works of Rizal, Mathematics: Provided, further, That such
educational institution offers at least the following academic
subjects in the main occupational therapy course, namely,
Biological Sciences consisting of Human Anatomy and
Physiology, Neuroanatomy and Neurophysiology, and
Kinesiology (Principles of Human Motion); Behavioral Sciences
consisting of Human Development, Personality Development,
Group Processes, Interpersonal and Interprofessional
Relationships; Physical and Psychological Dysfunction Basic,
General Pathology subjects including General and Medical
Conditions, Neurological and Orthopedic Conditions, Pediatrics
and Psychiatry; Occupational Therapy Skills consisting of
Creative and Manual Arts, Vocational and Avocational
Activities, Daily Living Skills and Teaching Techniques;
Occupational Therapy Orientation Evaluation and Treatment,
Principles of Physical and Psychosocial Dysfunctions
consisting of Organization and Administration, General Medical
and Surgical Conditions, Neurological and Orthopedic
Conditions, Psychology, Prevocational;
(f)
He has completed at least nine months of internship
in Physical Therapy in an adequate Physical Therapy

Department of a hospital or clinic as certified by the

Department of Health; or has at least nine months clinical
experience under the supervision of a competent and duly
registered occupational therapist in an accredited hospital or
institution, as the case may be. Clinical experience shall
include the effective treatment of psychosocial and physical
dysfunctions of patients of wide age range and of both sexes.

entitled to all rights and privileges of a registered physical

therapist or a registered occupational therapist, as the case
may be, until the said certificate for just cause, is revoked
temporarily or cancelled. For all intents and purposes of this
Act the members of the first Board shall be considered as
having duly qualified and registered as occupational therapists
and physical therapists as the case may be.

SECTION 16.
Scope of Examination. The examinations
for the practice of physical therapy and occupational therapy in
the Philippines shall consist of written and practical
examinations of the scope which shall be determined by the
Board, taking into consideration the teaching plan of the
schools legally constituted in the Philippines. It shall be the
duty of the Board to prepare the schedule of subjects
mentioned in subparagraph (e) of the preceding section of this
Act, as well as practical and clinical examinations of all
candidates, and to submit the same to the President of the
Philippines for approval through the Commissioner of Civil
Service, and to publish the same as approved at least two
months before the date of the examination wherein such
subjects are to be used. Any alteration or amendment that may
be made in the schedule of subjects shall likewise be approved
by the President.

SECTION 20.
Initial. The initials PTRP and OTRP,
which stands for Physical Therapist Registered, Philippines
and Occupational Therapist Registered, Philippines, may be
added after the name of the physical therapist or occupational
therapist, as the case, may be, who successfully passes the
examination given by the Board.

SECTION 17.
Ratings in the Examination. In order to
pass the first examination, a candidate must obtain a general
rating of not below seventy-five per cent in the written
examination with no rating below sixty per cent. Any applicant
who failed in the first examination but obtained seventy-five per
cent in each of at least five of the subjects may be permitted to
take a second examination within one year from the date of the
first examination. In order to pass in the second examination,
the examinee must obtain a rating of not below seventy-five
per cent in each of the subjects repeated: Provided, That an
applicant who failed in the set of subjects repeated in the
second examination must take a re-examination in all the
subjects within one year from the date of the second
examination: Provided, further, That should he still fail in the
third re-examination, the applicant shall be required to
undertake a prescribed course of study and to show proof of
the completion of such course before he will be admitted to the
fourth examination.
SECTION 18.
Report of the Results of the Examinations.
The Board of Examiners for Physical Therapists and
Occupational Therapists shall, within one hundred twenty days
after each examination, report the ratings obtained by each
candidate to the Commissioner of Civil Service, who shall, with
his recommendation, submit such ratings to the President of
his approval.
SECTION 19.
Issuance of Certificates. Certificates of
registration as physical therapist or occupational therapist shall
be issued to any applicant who passes the respective
examination after approval of his ratings by the President of
the Philippines and upon payment of the required fees. Every
certificate of registration shall show the full name of the
registrant, have a serial number, bear the signatures of the
members of the Board attested by the Secretary of the Board
and duly authenticated by the seal of the Board of Examiners
for Physical Therapists and Occupational Therapists.
The issuance of certificate of registration by the Board to the
registrant shall evidence that the person named therein is

SECTION 21.
Registration by Reciprocity. Any physical
therapist, physiatrist or occupational therapist holding valid
certificate of registration issued under the laws of a foreign
country may practice his profession in the Philippines without
passing an examination given by the Board if the requirements
for the registration and licensing of a physical therapist,
physiatrist or occupational therapist in such foreign country are
substantially the same as those provided for in this Act and
that the laws of such country or state grant the same privileges
to physical therapists, physiatrists and occupational therapists
registered in the Philippines on the same basis as the subjects
or citizens of such country or state.
SECTION 22.
Examination and Registration Fees.
Applicants for examination for the profession of physical
therapy or occupational therapy shall pay an examination fee
of twenty-five pesos each. Successful applicants shall pay a
registration fee of ten pesos each.
SECTION 23.
Refusal to Issue Certificate in Certain Cases.
The Board of Examiners for Physical Therapists and
Occupational Therapists shall not issue a certificate of
registration to any person convicted of any criminal offense
involving moral turpitude by a court of competent jurisdiction,
and to any person guilty of illegal practice, unethical
advertising, or other immoral or dishonorable conduct. The
Board shall give the applicant a written statement of the reason
or reasons for its action, which statement shall be incorporated
in the records of the Board.
SECTION 24.
Re-issuance of Revoked Certificate and
Replacement of Lost Certificate. The Board may, for reason
of equity and justice and upon proper application therefor,
issue another copy, original or duplicate, upon the payment of
ten pesos, of a certificate which has been revoked. A new
certificate of registration to replace a lost, destroyed or
mutilated certificate may be issued subject to the rules of the
Board and upon the payment of ten pesos.
SECTION 25.
Professional Licenses Fee. A registered
physical therapist or occupational therapist shall pay a
professional license fee of fifty pesos per annum, payable
annually or semi-annually.
SECTION 26.
All laws, parts of laws, orders, or ordinances,
or regulations in conflict with the provisions of this Act
pertaining to physical or occupational therapeutic duty and
practice shall be, and are hereby repealed.
SECTION 27.
Prohibition in the Practice of Physical
Therapy or Occupational Therapy; Penalty. Any person who

shall practice Physical therapy or occupational therapy in the

Philippines within the meaning of this Act, without a valid
certificate of registration issued by the Board of Examiners for
Physical Therapists and Occupational Therapists, or any
person presenting as his or her own the certificate of another,
or any person giving any false or forged evidence to the Board
in order to obtain a certificate of registration or admission to an
examination, or any person assuming or advertising himself or
herself as a registered physical therapist or registered
occupational therapist, or any person violating any provision of
conduct shall be guilty of a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of not less than one
thousand pesos nor more than five thousand pesos or to suffer
imprisonment for a period of not less than one year nor more
than five years, or both such fine and imprisonment at the
discretion of the Court.
SECTION 28.

This Act shall take effect upon its approval.

Approved: June 21, 1969.

Published in the Official Gazette, Vol. 65, No. 51, p. 14102 on
December 22, 1969

April 22, 1992

REPUBLIC ACT NO. 7431
AN ACT REGULATING THE PRACTICE OF RADIOLOGIC
TECHNOLOGY IN THE PHILIPPINES, CREATING THE
BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS
POWERS AND FUNCTIONS AND FOR OTHER PURPOSES
SECTION 1.
Title. This Act shall be known and cited as
the "Radiologic Technology Act of 1992."
SECTION 2.
Statement of Policy. It is the policy of the
State to upgrade the practice of radiologic technology in the
Philippines for the purpose of protecting the public from the
hazards posed by radiation as well as to ensure safe and
proper diagnosis, treatment and research through the
application of machines and/or equipment using radiation.
cdasia
SECTION 3.
Definition of Terms. As used in this Act
the following terms and shall mean:
(a)
"X-ray technology" is an auxiliary branch of radiology
which deals with the technical application of x-rays as aid in
the diagnosis of diseases and injuries;
(b)
"Radiologic technology" is an auxiliary branch of
radiology which deals with the technical application of
radiation, such as x-rays, beta rays, gamma rays, ultrasound
and radio frequency rays, in the diagnosis and treatment of
diseases;
(c)
"X-ray technologist" is a bona fide holder of a
certificate of registration for x-ray technology issued by the
Board of Radiologic Technology in accordance with this Act;
cd
(d)
"Radiologic Technologist" is a bona fide holder of a
certificate of registration for radiologic technology issued by the
Board of Radiologic Technology in accordance with this Act;

(e)
"Radiology" is a branch of medical science which
deals with the use of radiation in the diagnosis, treatment and
research of diseases;
(f)
"Radiologist" is a licensed physician who specializes
in the diagnosis or treatment of disease with the use of
radiation;
(g)
"Medical physicist" is a physicist who specializes in
the application of the principles and techniques of physics in
medicine;
(h)
and

"Board" refers to the Board of Radiologic Technology;

(i)
"Commission" refers to the Professional Regulation
Commission created under Presidential Decree Numbered
Two hundred and twenty-three. cd
SECTION 4.
Practice X-ray Technology. The practice
of x-ray technology shall include any and all acts by which one
renders, furnishes, or contracts to render or furnish
professional service as an x-ray technologist.
An x-ray technologist shall also be considered in the practice of
his profession if the nature and character of his employment
requires professional knowledge in the art and science of x-ray
technology and such employment or position requires that the
holder thereof be an x-ray technologist.
Nothing in this Act shall be construed to disqualify other
professionals duly registered with the Professional Regulation
Commission from performing any of the acts abovementioned;
Provided, That under the law or laws governing their respective
professions, they may perform the said acts; Provided, further,
That no person shall use the title "X-ray Technologist" or any
other title conveying the impression that he is an x-ray
technologist without having been issued a certificate of
registration as x-ray technologist by the Commission in the
manner provided in this Act.
SECTION 5.
Practice of Radiology Technology. The
practice of radiologic technology shall include any and all acts
by which one renders, furnishes, or contracts to render or
furnish professional service as a radiologic technologist.
A radiologic technologist shall also be considered in the
practice of his profession if the nature and character of his
employment requires professional knowledge in the art and
science of radiologic technology, and such employment or
position requires that the holder thereof be a radiologic
technologist. casia
Nothing in this Act shall be construed to disqualify other
professionals duly registered with the Professional Regulation
Commission from performing any of the acts abovementioned:
Provided, That under the law or laws governing their respective
professions, they may perform the said acts: Provided, further,
That no person shall use the title "Radiologic Technologist" or
any other title conveying the impression that he is a radiologist
technologist without having been issued a certificate of
registration as radiologic technologist by the Commission in the
manner provided in this Act.
SECTION 6.
Creation of the Board of Radiologic
Technology. There is hereby created a Board of Radiologic
Technology which shall be composed of a Chairman and four

(4) members, all of whom shall be appointed by the President

of the Philippines upon the recommendation of the
Professional Regulation Commission. The Commission shall
recommend three (3) radiologic technologists from a list to be
submitted by the Association of radiologic technologists; one
(1) radiologist from a list to be submitted by the association of
radiologists; and one (1) medical physicist from a list to be
submitted by the association of medical physicists: Provided,
however, That the said associations are accredited in
accordance with Presidential Decree Numbered Two hundred
and twenty-three: Provided, further, That each person whose
name is submitted shall possess the qualifications prescribed
in Section 7 of this Act. cdasia
SECTION 7.
Qualifications of Board Members. (a)
Each member of the Board shall at the time of his appointment:
(1)

Be a citizen and resident of the Philippines;

(2)

Be of good moral character;

(3)

Be at least thirty (30) years of age; and

(4)
Is neither a member of the faculty, whether full time,
part time or lecturer, of any school, college or university where
a regular course in radiologic technology is taught, nor has any
pecuniary interest, directly or indirectly, in such institution
during his term of office as a Board member.
(b)
Three (3) members of the Board, including the
Chairman, shall at the time of their appointment:
(1)

Be radiologic technologist; and

(2)
Have at least ten (10) years practice as radiologic
technologists prior to their appointment; Provided, that the
three (3) radiologic technologists appointed as members of the
first Board shall be deemed automatically registered as
radiologic technologists upon assumption of their duties as
members. cdt
(c)
One (1) member of the Board shall at the time of his
appointment:
(1)

Be a radiologist; and

(2)
Has at least ten (10) years practice as a radiologist
prior to his appointment.
(d)
One (1) member of the Board shall at the time of his
appointment:
(1)

Be a medical physicist; and

(2)
Has at least ten (10) years practice as a medical
physicist.
SECTION 8.
Term of Office. The members of the
Board shall hold office for a term of three (3) years from the
date of their appointment until their successors shall have been
appointed and duly qualified: Provided, That the first
appointees to the Board shall hold office for the following
terms: the Chairman for three (3) years; two (2) members for
two (2) years and two (2) members for one (1) year. Vacancies
shall be filled only for the unexpired term.
SECTION 9.
Duties and Functions of the Boards. The
Board shall have the following duties and functions: cdtai

(a)

To enforce the provisions of this Act;

(b)
To administer oaths in accordance with the provisions
of this Act;
(c)
To issue and, after due investigation, suspend or
revoke certificates of registration for the practice of radiologic
technology and x-ray technology;
(d)
To investigate any violation of this Act of the rules and
regulations issued thereunder, as may come to the knowledge
of the Board and, for this purpose, to issue subpoena and
subpoena duces tecum to alleged violators or witnesses to
secure their attendance in investigations or hearings, and the
production of books, papers and documents in connection
therewith and compel their attendance by the power to cite and
punish for contempt;
(e)
To conduct yearly board examinations to radiologic
technology and x-ray technology examinees under the
supervision of the Professional Regulation Commission;
(f)
To look, from time to time, into the condition affecting
the practice of radiologic technology and x-ray technology in
the Philippines, and adopt such measures as may be deemed
necessary for the maintenance of the standards and ethics of
the profession; cdt
(g)
To promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act: Provided,
That the same shall be issued only after the approval thereof
by the Commission; and
(h)

To adopt a seal to authenticate its official documents.

The Board shall exercise these powers and duties in

accordance with Presidential Decree Numbered Two Hundred
and twenty-three.
SECTION 10.
Compensation of the Board. The
members of the Board shall each receive the same
compensation as members of other Boards under the
supervision of the Commission as provided for in the General
Appropriations Act. casia
SECTION 11.
Removal of Board Members. Any member
of the Board may be removed from office by the President
upon the recommendation of the Commission for neglect of
duty, incompetence or unprofessional, immoral, or
dishonorable conduct, or commission or toleration of
irregularities in the conduct of the examinations, after having
been given the opportunity to defend himself in a proper
administrative investigation conducted by the Commission.
SECTION 12.
Supervision of the Board and Custody of its
Records. The members of the Board shall be under the
general supervision of the Commission.
No record shall be removed, altered or examined without the
prior authorization of the Board. All records, including
examination papers, examination results, minutes of
deliberation, records of administrative cases and investigations
of the Board shall be kept by the Commission.
SECTION 13.
Rules and Regulations. Subject to the
approval of the Commission, the Board shall set ethical and
professional standards for the practice of radiologic technology
and x-ray technology and adopt such rules and regulations as

may be necessary to carry out the provisions of this Act. Such

standards, rules and regulations shall take effect one (1) month
after publication in any newspaper of general circulation. cda

Service, with ten (10) years continuous practice of radiologic

technology after passing one of these aforementioned
examinations.

SECTION 14.
Annual Report. The Board shall, at the
end of each calendar year, submit to the Commission an
annual report of its activities and proceedings during the year.
Other information or data may be requested by the
Commission as often as may be necessary and practicable.

Those falling under categories (a), (c) and (d) shall register
with the Board after they shall have complied with the
requirements for registration as radiologic technologists. casia

SECTION 15.
Requirement for the Practice of Radiologic
Technology and X-ray Technology. Unless exempt from the
examinations under Sections 16 and 17 hereof, no person
shall practice or offer to practice as a radiologic and/or x-ray
technologist in the Philippines without having obtained the
proper certificate of registration from the Board.
SECTION 16.
Exemption from Examination in X-ray
Technology. Examination shall not be required of the
following persons:
(a)
The first members of the Board of Radiologic
Technology as provided in Section 7(b) hereof; and
(b)
Those who, prior to the approval of this Act, have
passed the Civil Service examination for x-ray technicians, or
the examination for the private sector x-ray technicians, or the
examination for chest x-ray technicians, or the proficiency
examination for medical radiation technicians administered by
the Department of Health through its Radiation Health Office,
Radiological Health Service, of Radiation Health Service. cd i
Those so exempt under the aforementioned categories shall
register with the Board after they shall have complied with the
requirements for registration as radiologic technologists.
SECTION 17.
Exemption from examination in Radiologic
Technology. Examination shall not be required of the
following persons:
(a)
The first members of the Board of Radiologic
Technology as provided in Section 7(b) hereof,
(b)
Radiologists from other countries invited for lectures
of consultation or as visiting or exchange professors to
colleges or universities duly recognized by the Government:
Provided, That such radiologic technologists are legally
qualified to practice as such in their own state or country:
Provided, further, That they shall first secure a special permit
from the Board which shall be valid as the Board may
determine: Provided, finally, That the privilege granted in this
subsection shall be given only to radiologic technologists from
countries giving similar privilege to their Filipino counterparts;
acd
(c)
Those who, prior to the approval of this Act, have
passed the proficiency examination for medical radiation
technologists administered by the Department of Health
through its Radiation Health Office, Radiological Health
Service, or Radiation Health Service; and
(d)
Those who prior to the approval of this Act, have
passed the Civil Service examination for x-ray technicians, or
the examination for private sector x-ray technicians, or the
proficiency examination for medical radiation technicians
administered by the Department of Health through its Radiation
Health Office, Radiological Health Service or Radiation Health

SECTION 18.
Examination Required. Except as
otherwise specifically allowed under the provisions of this Act
and other existing laws, all applicants for registration as
radiologic technologists and x-ray technologists shall be
required to undergo an examination which shall be given once
a year by the Board, through the Commission, according to its
rules and regulations and at such time and place as may be
determined by the Commission.
SECTION 19.
Qualifications for Examination. Every
applicant for examination under this Act shall, prior to
admission for examination establish to the satisfaction of the
Board that he:
(a)

Is a Filipino citizen:

(b)
Is of good moral character and has not been
convicted of a crime involving moral turpitude; and
(c)
Is a holder of a baccalaureate degree in radiologic
technology from a school, college or university recognized by
the Government if he applies for the radiologic technology
examination or is a holder of an associate in radiologic
technology diploma from a school, college or university
recognized by the Government if he applies for the x-ray
technology examination.
SECTION 20.
Scope of Examination in X-ray Technology.
Unless changed or modified by the Board, the examination
in x-ray technology shall cover the following subjects with the
corresponding weights as follows: casia
(a)

Radiation Physics 10%

Radiology and Radiation Protection 10%
Equipment Maintenance

(b)

(c)

Radiographic Positioning 10%

Radiographic Technique

10%

Special Procedures

10%

Anatomy, Physiology and Medical

Terminology

(d)

10%

15%

Photochemistry and Darkroom

Procedures

10%

(e)

Film Analysis

5%

(f)

Nursing and Departmental Procedures

in Radiology

(g)

5%

Professional Ethics

5%

SECTION 21.
Scope of Examination in Radiologic
Technology. Unless changed or modified by the Board, the

examination in radiologic technology shall cover the following

subjects with the corresponding weights as follows: casia

provided in Section 25, be issued a certificate of registration as

radiologic technologist and/or x-ray technologist. cdt

(a)

The Board shall, subject to review by the Commission, issue

the corresponding certificates to persons who apply for the
same who are exempt from the examinations provided under
Sections 16 and 17 hereof.

Radiation Physics and Equipment

Maintenance

10%

Radiobiology and Radiation

Protection
(b)

(c)

All certificates of registration shall contain the full name of the

registrant, serial number, signature of the Commissioner, date
of issuance, and the official seal of the Board duly affixed
thereto.

10%

Radiographic Positioning 10%

Radiographic Technique

10%

Special Procedures

10%

SECTION 25.
Fees. Unless otherwise fixed by the
Commission, each examinee or registrant shall pay the
following fees:

Anatomy, Physiology and Medical

Terminology

10%

(d)

Photochemistry and Film Analysis

0%

(e)

Nursing and Department Procedures

in Radiology and Professional Ethics

(a)

For application for examination

(b)

For registration after passing the board aisa dc

examinations

5%

(c)

Ultrasound

5%

(g)

Radiation Therapy

(h)

Nuclear Medicine 5%

(i)

Radiologic Pathology

(j)

Computed Tomography/Magnetic
Resonance Imaging

5%

(d)

P250.00

For registration without

examination

(f)

P250.00

For replacement of lost or destroyed

certificate of registration

5%

5%

SECTION 22.
Report of Ratings. The Board shall, within
one hundred twenty (120) days after the date of completion of
the examination, report the rating obtained by each candidate
to the Commission which shall submit such report to the
President of the Philippines for approval. cd
In order to pass the examination, a candidate must obtain a
weighted average of at least 75% with no rating below 60% in
any subject. An examinee who obtains an average rating of
75% or higher but gets a rating below 60% in any subject shall
be allowed to take a reexamination in only those subjects in
which he obtained a rating below 60%. Such examination shall,
as far as practicable, be taken in the next scheduled
examination.
In order to pass the second examination, the examinee must
obtain a rating of 75% in each of the subjects repeated. If the
candidate still fails the reexamination, he shall as far as
practicable, be required to repeat said subjects during the
succeeding examination. When an applicant fails to qualify
after the third examination, he shall be required to take the
entire examination.
SECTION 23.
Oath-taking. All successful examinees
shall be required to take a professional oath before the Board
or before any person authorized by the Board to administer
oaths prior to the practice of their profession as radiologic
technologists and/or x-ray technologists.
SECTION 24.
Issuance of Certificates of Registration.
Every applicant who has satisfactorily passed the required
examination shall, upon payment of the registration fee as

(e)

P350.00

P100.00

For reissuance of revoked certificate

P100.00

SECTION 26.
Penal Provisions. Any person who shall
practice radiologic technology and/or x-ray technology in the
Philippines, within the meaning of this Act, with any of the
following attending circumstances shall, upon conviction by
final judgment, be punished with a fine of not less than Ten
thousand pesos (P10,000) nor more than Forty thousand
pesos (P40,000), or by imprisonment of not less than one (1)
year nor more than six (6) years, or both, at the discretion of
the court: cda
(a)
Without a certificate of registration in accordance with
the provisions of this Act;
(b)
Presenting or using as his own the certificate of
registration of another person;
(c)
Using an expired license, or suspended or revoked
certificate of registration;
(d)
Giving any false or forged evidence to the Board of
Radiologic Technology in order to obtain a certificate of
registration;
(e)
Posing or advertising as a registered radiologic and/or
x-ray technologist or using any other means tending to convey
the impression that he is a registered radiologic and/or x-ray
technologist; and cdasia
(f)
Act.

Violation of any of the provision or provisions of this

SECTION 27.
Appropriations. The amount necessary for
the compensation of the members of the Board shall be
included in the General Appropriations Act of the year following
the approval of this Act and thereafter.

SECTION 28.
Repealing Clause. All laws, decrees,
orders, and other issuances, rules and regulations, or parts
thereof, inconsistent herewith are hereby repealed or modified
accordingly.
SECTION 30. Effectivity Clause. This Act shall take
effect one (1) month after its publication in any newspaper of
general circulation.
Approved: April 22, 1992 cdt
Published in Malaya on April 28, 1992.
Published in the Official Gazette, Vol. 88 No. 24 page 3720 on
June 15, 1992.

June 7, 1995
REPUBLIC ACT NO. 8050
AN ACT REGULATING THE PRACTICE OF OPTOMETRY,
UPGRADING OPTOMETRIC EDUCATION, INTEGRATING
OPTOMETRISTS, AND FOR OTHER PURPOSES
SECTION 1.
Title. This Act shall be known and cited as
the "Revised Optometry Law of 1995."
SECTION 2.
Declaration of State Policy. The State
recognizes the essential role of optometry as a profession in
safeguarding and enhancing the health and general physical
well-being of the citizenry. Optometric services shall therefore
be promoted as a regular component of the primary health
care system. aisa dc
SECTION 3.
Definition of Terms. As used in this Act,
the following terms shall be defined as follows:
(a)
"Optometry" The science and art of examining the
human eye, analyzing the ocular function, prescribing and
dispensing ophthalmic lenses, prisms, contact lenses and their
accessories and solutions, low vision aids, and similar
appliances and devices, conducting ocular exercises, vision
training, orthoptics, installing prosthetics, using authorized
diagnostic pharmaceutical agents (DPA), and other preventive
or corrective measures or procedures for the aid, correction,
rehabilitation or relief of the human eye, or to attain maximum
vision and comfort. casia
(b)
"Optometrist" A person who has been certified by
the Board of Optometry and registered with the Professional
Regulation Commission (PRC) as being qualified to practice
optometry in the Philippines. cdt
(c)
"Optometrist in good standing" A registered
optometrist who is authorized to practice the profession in the
Philippines by virtue of a valid certificate of registration and a
valid professional license issued by the PRC for the purpose.
(d)
"Diagnostic pharmaceutical agents" Specific topical
drugs used to aid optometrists in their examination of the
human eye. Until otherwise specified by the Board of
Optometry, upon approval by the Secretary of the Department
of Health (DOH) upon the recommendation of the Bureau of
Food and Drugs (BFAD), these agents shall be limited to the
following:
(1)

Phenyleprine

2.5% ophthalmic drops;

(2)

Tropicamide

0.5% ophthalmic drops;

(3)

Proparacaine

0.5% ophthalmic drops;

(4)
and

Oxybuprocaine HCL

(5)

Fluorecein strips.

0.4% ophthalmic drops;

(e)
"Certificate of registration" A document signed by
the Commissioner of the PRC and by all members of the Board
of Optometry and bearing its seal, issued to an applicant who
has satisfied the requirements for the practice of optometry. It
shall serve as proof that the registrant is qualified to practice
the profession in the Philippines.
(f)
"Professional license" A renewable card, issued by
the PRC to a registered optometrist, indicating that he is
competent and authorized to practice optometry in the
Philippines. Until the loss of its validity or its expiration, such
license shall serve as evidence that its bearer is an optometrist
in good standing.
(g)
"Code of professional ethics" A set of standards
relating to the conduct, integrity and moral duties of
optometrists, as prescribed by the duly integrated and
accredited national organization of optometrists and adopted
and promulgated by the Board of Optometry upon the approval
by the PRC. cda
The Practice of Optometry
SECTION 4.
Acts Constituting the Practice of Optometry.
Any of the following acts constitute the practice of
optometry:
(a)
The examination of the human eye through the
employment of subjective and objective procedures, including
the use of specific topical diagnostic pharmaceutical agents or
drugs and instruments, tools, equipment, implements, visual
aids, apparatuses, machines, ocular exercises and related
devices, for the purpose of determining the condition and
acuity of human vision to correct and improve the same in
accordance with subsections (b), (c), and (d) hereof; cd i
(b)
The prescription and dispensing of ophthalmic lenses,
prisms, contact lenses and their accessories and solutions,
frames and their accessories, and supplies for the purpose of
correcting and treating defects, deficiencies and abnormalities
of vision;
(c)
The conduct of ocular exercises and vision training,
the provision of orthoptics and other devices and procedures to
aid and correct abnormalities of human vision, and the
installation of prosthetic devices;
(d)
The counseling of patients with regard to vision and
eye care and hygiene;
(e)
The establishment of offices, clinics, and similar
places where optometric services are offered; and
(f)
The collection of professional fees for the
performance of any of the acts mentioned in paragraphs (a),
(b), (c), and (d) of this section.
SECTION 5.
Prohibition Against the Unauthorized
Practice of Optometry. No person shall practice optometry

as defined in Section 3 of this Act nor perform any of the acts

constituting the practice of optometry as setforth in Section 4
hereof, without having been first admitted to the practice of this
profession under the provisions of this Act and its
implementing rules and regulations: Provided, That this
prohibition shall not apply to regularly licensed and duly
registered physicians who have received post-graduate
training in the diagnosis and treatment of eye disease:
Provided, however, That the examination of the human eye by
duly registered physicians in connection with the physical
examination of patients shall not be considered as practice of
optometry: Provided, further, That public health workers trained
and involved in the government's blindness prevention
program may conduct only visual acuity test and visual
screening.
SECTION 6.
Disclosure of Authority to Practice. An
optometrist shall be required to indicate his professional
license number and the date of its expiration in the documents
he issues or signs in connection with the practice of his
profession. He shall also display his certificate of registration
in a conspicuous area of his clinic or office. cdtai
The Board of Optometry
SECTION 7.
The Board of Optometry. There is hereby
created a Board of Optometry, hereinafter referred to as the
Board, composed of five (5) members who shall be appointed
by the President of the Philippines, upon the recommendation
of the PRC, from a list of ten (10) nominees submitted by the
duly integrated and accredited national organization of
optometrists. cda
SECTION 8.
Minimum Qualifications of Board Members.
Only persons possessed with the following qualifications
may be nominated and appointed to the Board:
(a)

A natural-born citizen of the Philippines;

(b)

A duly registered optometrist of good standing;

(c)
At least thirty-five (35) years of age at the time of his
appointment;
(d)

Of good moral character; and

(e)
In active practice of the profession for at least ten (10)
years prior to his appointment: Provided, That a person who is
a member of the faculty, whether full time, part time or lecturer
of any school, college or university where a regular course in
optometry is taught, or who has any pecuniary interest, directly
or indirectly, in such an institution must forego his membership
in said faculty or relinquish his interests in said institution
before or upon taking his oath as a member of the Board:
Provided, further, That an officer of any optometric association
is disqualified from being appointed to or serving in the Board.
cdt
SECTION 9.
Term of Office. The members of the
Board shall hold office for a non-renewable term of five (5)
years, starting on the date of appointment and until their
successors shall have been appointed: Provided, however,
That the first appointees to the Board, who may include the
incumbent members of the existing Optometry Board, shall
hold office as follows: the chairperson for five (5) years and
the four (4) other members for fixed terms of four (4), three (3),
two (2), and one (1) year/s, such that the term of one member

shall be due to expire every year. Thereafter, one member

shall be appointed for the full term every year and such
member, in the last year of his term, shall automatically
become the chairperson of the Board. Vacancies brought
about by reasons other than expiration of term shall be filled for
the unexpired portion of the term only. cda
SECTION 10.
Removal or Suspension of Board Members.
Any member of the Board, after having been given the
opportunity to defend himself in a proper administrative
investigation conducted by the PRC, may be removed by the
President of the Philippines for neglect of duty, incompetence,
malpractice, or unprofessional, unethical, immoral or
dishonorable conduct. During the process of investigation, the
President of the Philippines may suspend such member under
investigation for a period of not more than sixty (60) days and
appoint a temporary member in his place.
SECTION 11.
Compensation of Board Members. The
members of the Board shall each receive compensation in
accordance with the rules and regulations of the Professional
Regulatory Commission. cdt
SECTION 12.
Functions and Powers of the Board. The
Board is hereby vested with authority to:
(a)
Promulgate the rules and regulations for the practice
of optometry, subject to the approval of the PRC and in
accordance with the provisions of this Act;
(b)
Administer and enforce the rules and regulations
specified in the preceding section;
(c)
Determine and prepare the contents of licensure
examinations, adopt measures to ensure its integrity, check
and rate the examination papers and submit the results thereof
to the PRC;
(d)
Formulate and oversee, in consultation and
coordination with the PRC, guidelines for the proper conduct of
licensure examinations and the registration of optometrists;
(e)
Issue, suspend, revoke and reissue certificates of
registration to qualified optometrists and renew their
professional licenses;
(f)
Impose reasonable requirements and conditions,
such as attendance in continuing education activities and
programs, for the renewal of an optometrist's license to
practice and for the purpose of upgrading the professional
competence of optometrists;
(g)

Maintain a registry of optometrists in good standing;

(h)
Adopt, promulgate and disseminate the Code of
Ethics for the practice of optometry in the Philippines;
(i)
Administer oaths in connection with the
implementation of this Act;
(j)
Conduct hearings and investigations to resolve
complaints against practitioners of optometry for malpractice,
unethical and unprofessional conduct, and violations of this Act
or its implementing rules and regulations, and in connection
therewith, issue subpoena ad testificandum and subpoena
duces tecum and punish with contempt persons obstructing,
impeding and/or otherwise interfering with the conduct of such
proceedings;

(k)
Conduct ocular inspections of establishments and/or
premises where optometric services are offered to ascertain
that professional standards are complied with;
(l)
Upon application, to issue an order enjoining or
abating the illegal practice of optometry by unqualified persons;
(m)
Impose fines and penalties, after due process and in
accordance with the provision of this Act, for causes provided
for by law or by the rules and regulations promulgated therefor;
(n)
Evaluate periodically the status of optometric
education and recommend and/or adopt measures to upgrade
and maintain its high standards;
(o)
Update the list of topical diagnostic pharmaceutical
agents, specifically mydriatics, cycloplegics, miotics,
anesthetics and diagnostic dyes, that may be used by
optometrists, subject to the approval of the Department of
Health and the Bureau of Food and Drugs; and
(p)
Study the conditions affecting the practice of
optometry in all parts of the Philippines, and, whenever
necessary, adopt such measures as may be deemed proper
for the maintenance of good ethics and high professional
standards of optometric practice.
SECTION 13.
Quorum in Board Meetings. The
attendance of three (3) members shall constitute a quorum for
the Board to officially transact business.
SECTION 14.
Votes Required in Administrative Cases.
To render a decision in an administrative case for unethical
practice, malpractice, immorality, dishonesty, and related
charges affecting the professional fitness and integrity of an
optometrist, the vote of three (3) members must be obtained:
Provided, That in case members are disqualified to vote by
virtue of their relation to or interest in any of the parties or
voluntarily inhibits themselves from participating in the
proceedings, the Board shall designate, with the approval of
the Commission, an optometrist in good standing who is
respected in the optometric community for their probity and
integrity to sit in the Board, participate in the proceedings and
vote on the case. aisa dc
SECTION 15.
Supervision of the Board and Custody of its
Records. The members of the Board shall be under the
general supervision of the PRC. All records, including
examination papers, examination results, minutes of
deliberations, records of administrative cases and investigation
of the Board shall be kept by the said Commission.
SECTION 16.
Annual Report. The Board shall, at the
end of each calendar year, submit to the Commission an
annual report of its activities and proceedings during the year.
Other information or data may be requested by the
Commission as often as may be necessary and practicable.
cdasia
The Optometric Board Examinations
SECTION 17.
Licensure Examination. Every applicant
seeking to be registered as an optometrist shall undergo an
examination as provided in this Act. Examinations for the
practice of optometry in the Philippines shall be given by the
Board at least once every year in such places and dates as the
PRC may designate.

SECTION 18.
Scope of Examination. The Board of
Optometry shall prescribe the scope and prepare the contents
of the licensure examination. In the discharge of this function,
the Board shall take into account recent developments in
optometry as well as the academic standards imposed by the
Commission on Higher Education on educational institutions
which offer a course in optometry. cd
SECTION 19.
Requirements for Examination of Applicants.
To be eligible to take the licensure examination in
optometry, the applicant must be:
(a)

A Filipino citizen;

(b)

Of good moral character;

(c)
A holder of a degree of Doctor of Optometry (O.D.)
obtained from a school, college, university or institution duly
accredited by the government after passing at least a six-year
course offering the following minimum basic subjects:
mathematics, general and organic chemistry, practical and
mechanical optics, psychology, physics, physiological optics,
pharmacology, theoretic optics, practical optometry, sociology,
applied psychology, general anatomy, physiology, general
histology, and embryology, ocular anatomy and physiology,
general pathology, ocular pathology, biochemistry,
microbiology, clinical optometry, theoretic optometry, contact
lens practice, orthoptics and vision training, neuro-optometry
and visual fields, research methods, optometric ethics and
jurisprudence, optometric economics and practice
management, hygiene, sanitation and public health optometry
and low vision and pediatric optometry. acd
SECTION 20.
Minimum Passing Level. In order that the
candidate may be considered to have successfully passed the
examination, he must have obtained a general average of at
least seventy-five percent (75%) in all subjects, with no rating
below fifty percent (50%) in any subject.
SECTION 21.
Report of the Result of the Examination.
The Board shall report the ratings obtained by each candidate
to the PRC within sixty (60) days after the last examination
day, unless extended by the Commission. The PRC shall
cause the publication of the names of successful candidates in
alphabetical order, without the ratings obtained by each, within
sixty (60) days of the date the Commission receives the
aforementioned report from the Board.
SECTION 22.
Additional Requirement for Reexamination.
Any applicant who, for the third time, fails to pass the board
examination shall not be allowed to take the next succeeding
examination without submitting to the Board proof that he has
taken a refresher course in a duly accredited institute.
Registration and Licensure of Optometrists
SECTION 23.
Oath of Optometrists. All successful
examinees shall be required to take their oath before the Board
or before any person authorized to administer oaths prior to the
issuance of the certificate of registration: Provided, however,
That the applicant is not disqualified under any of the
provisions of Section 24 hereof. cda
SECTION 24.
Disqualification. The following applicants
shall not be allowed to take their oath as optometrists nor
issued certificates of registration:

(a)
Those who do not possess the qualifications set forth
in Section 19 of this Act;
(b)
Those who fail to pass the Optometry Board licensure
examination;
(c)
Those who have been convicted by final judgment of
any crime involving moral turpitude by any court;
(d)
Those who have been found guilty by the Board of
immoral or dishonorable conduct; and
(e)
mind.

Those who have been declared to be of unsound

Such fact of disqualification shall be communicated by the

Board to the applicant by written statement, which statement
shall form part of the records of the Board.
SECTION 25.
Registration. The PRC shall register
successful examinees who have taken their oath and
thereafter grant them professional licenses to practice
optometry. The certificate of registration shall be considered
as evidence that the registrant is qualified to practice
optometry in the Philippines.
SECTION 26.
Revocation of Certificates and Suspension of
Professional Licenses. The Board may, after giving proper
notice and hearing to the party concerned, revoke an
optometrist's certificate of registration or suspend his license to
practice for any unprofessional or unethical conduct,
malpractice, or violation of any of the provisions of this Act or
its rules and regulations, or upon the conviction of the
optometrist of a crime involving moral turpitude.
SECTION 27.
Appeals. The revocation of a certificate or
suspension of a professional license by the Board shall
become final unless appealed to the PRC within fifteen (15)
days from receipt of the decision.
SECTION 28.
Reinstatement, Reissuance or Replacement
of Certificates. The Board may, upon application and for
reasons deemed proper and sufficient, reinstate any
suspended certificate of registration, or issue another
certificate in lieu of one previously revoked, and in so doing it
may, in its discretion, exempt the applicant from taking another
examination. aisa dc
A new certificate to replace any certificate lost, destroyed or
mutilated may be issued subject to the rules that may be
implemented by the Board.
SECTION 29.
Renewal of Professional Licenses. All
licenses shall be renewable every three (3) years and shall be
considered renewed only upon satisfying the requirements
imposed by the Board, such as attendance in continuing
education programs and payment of the corresponding fees as
may be fixed by the Board in accordance with the schedule of
fees fixed by the PRC. cda
Optometric Education
SECTION 30.
The Technical Panel on Optometric
Education. To attain the objective of upgrading optometric
education in the Philippines, the Commission on Higher
Education, pursuant to Section 12 of Republic Act No. 7722
shall, within sixty (60) days after the approval of this Act,
convene and organize a technical panel on optometric

education. For this purpose, senior practitioners, specialists,

academicians in the field of optometry and a representative
from the accredited national organization of optometrists shall
be appointed and tapped to assist in the following:
(a)
Setting a minimum standard curriculum for the study
of optometry to be implemented in all schools offering
optometry as an undergraduate course and degree;
(b)
Establishing teaching standards, including the
qualifications of members of the faculty of schools and colleges
of optometry;
(c)
Monitoring the progress of the program on the study
of optometry and undertaking measures or the attainment of a
high quality of optometric education in the country; and
(d)
Evaluating periodically the performance of
educational institutions offering optometric education for the
purpose of granting accreditation and incentives as well as for
the imposition of sanctions when warranted.
SECTION 31.
Competence in Pharmacology. Persons
who have been admitted to the practice of the profession prior
to the passage of this Act must take a course in pharmacology
to be prescribed by the Commission on Higher Education and
pass a special certification examination to be administered by
the Board before they are allowed to use specific diagnostic
pharmaceutical agents.
Prohibited Acts and Penalties
SECTION 32.
prohibited:

Prohibited Acts. The following acts are

(a)
Giving false or forged evidence of any kind to the
Board or to any member thereof for the purpose of obtaining a
certification of registration or a professional license;
(b)
Assumption, use or advertisement by a person, not
holding a valid certificate of registration and a valid
professional license in accordance with this Act, of a
description, in connection with his name or title, tending to
convey the impression that he is a duly registered optometrist;
(c)
Any form of advertisement in media outlets giving
information and impression to the public that the particular
optometrist is better than the others, is collecting lower
professional fees or selling cheaper frames or lenses;
(d)
The use of diagnostic pharmaceutical agents by an
untrained optometrist, in violation of Section 31 hereof,
whether or not such use results in injury to the patient;
(e)
The use by any optometrist of pharmaceutical agents
other than those which he is authorized to use;
(f)
Engaging in unauthorized practice of optometry as
defined in Section 5 of this Act; and
(g)
Violation by any person, whether natural or juridical,
of any of the provisions of this Act and the rules and
regulations promulgated for its effective implementation.
SECTION 33.
Penal Provisions. The commission of any
of the prohibited acts listed in the immediately preceding
section shall be punished with imprisonment of not less than
one (1) year but not more than eight (8) years, or a fine of not

In addition, the administrative penalties specified in Section 26

hereof shall be imposed whenever applicable.

SECTION 38.
Membership Fees and Dues. All members
shall be subject to the payment of reasonable fees and dues
for the effective discharge of the purposes of the integrated
national organization. An optometrist shall receive the benefits
and privileges appurtenant to his membership only upon
payment of the required membership fees and dues.

If the violation is committed by an association, partnership,

corporation or any other institution, the managing officers and
other persons responsible for its commission shall be liable for
the penalties provided for in this Act.

SECTION 39.
Other Organizations. The integration of
optometrists into one national organization shall not prohibit
the creation of other associations of optometrists organized by
individual optometrists themselves.

Professional and Ethical Standards

SECTION 40.
Code of Professional Ethics. The Board
shall adopt the Professional Code of Ethics promulgated by the
integrated national organization of optometrists: Provided, That
such Code provides that it is the duty of an optometrist to:

less than Ten thousand pesos (P10,000.00) but not more than
Forty thousand pesos (P40,000.00), or both, at the discretion
of the court. cda

SECTION 34.
Foreign Reciprocity. No foreigner shall be
admitted to the optometric board examinations unless he
proves in the manner prescribed by the Rules of Court that by
specific provision of law, the country of which he is a citizen,
subject or national, either admits Filipino citizens to the
practice of optometry without restriction, or allows them to
practice optometry after an examination on terms of strict and
absolute equality with citizens, subjects or nationals of said
country, including the unconditional recognition of prerequisite
degrees prescribed by the Commission on Higher Education:
Provided, however, That the Board, upon approval by the
PRC, may grant a special permit to a foreign optometrist to
practice the profession in this country whether or not
reciprocity exists between his country and the Philippines and
under such conditions as may be determined by the Board, if
such foreigner is internationally known to be an outstanding
expert in the profession or a well-known specialist in any of its
branches, and that his services will promote the advancement
of the profession in the Philippines. The Board is also hereby
authorized to prescribe, upon approval by the PRC, additional
requirements or grant certain privileges to foreigners, seeking
registration in the Philippines if the same privileges are granted
to or some additional requirements are required of citizens of
the Philippines in acquiring the same certificate in his country.
cd i
SECTION 35.
Rules and Regulations. The Board shall
set professional standards for the practice of optometry in the
Philippines and adopt such rules and regulations as may be
necessary to carry out the provisions of this Act, subject to the
approval of the PRC. Such standards, rules and regulations
shall take effect thirty (30) days after its publication in the
Official Gazette or any newspaper of general circulation.
SECTION 36.
Integration of Optometrists. In order for
every optometrist to contribute to his profession and to bear his
share of professional responsibilities, all optometrists shall be
encouraged to join and be integrated into one national
organization which shall be recognized by the Board and the
PRC. Every optometrist, upon registration with the Board, may
become a member of the integrated national organization.
Those who have been registered with the Board before the
effectivity of this Act may register as members of the integrated
organization within three (3) years after said effectivity.
SECTION 37.
Purposes. The integrated national
organization of optometrists shall promulgate the Code of
Ethics for the practice of the profession, define the professional
responsibilities of its members, ensure adherence to said
professional ethics and responsibilities, improve the standards
of the profession and enable all optometrists to discharge their
public responsibility more effectively.

(a)
Consider as his primary responsibility the visual
welfare of the public;
(b)
care;

Promote the best possible standards of professional

(c)
Enhance continuously his theoretical and practical
proficiency;
(d)
Render his services with equal diligence to all,
regardless of race, creed or status;
(e)
Respect the confidential nature of information
concerning those he serves; and
(f)
Refer for medical or other professional attention
where the need is indicated.
The Board shall also distribute the Code of Ethics of the
Optometric Profession in the Philippines to all new optometrists
during their oathtaking.
Any act or omission which violates this Code shall be
considered as unethical conduct and shall be suspended or
prohibited from the practice of optometry, in accordance with
Section 26 of this Act.
Miscellaneous Provisions
SECTION 41.
Separability Clause. If any provision of
this Act or the application of such provision to any person or
circumstances is declared invalid or unconstitutional, the
remainder of this Act or the application of such provisions to
other persons or circumstance shall not be affected by such
declaration.
SECTION 42.
Repealing Clause. This Act repeals and
supersedes Republic Act No. 1998, otherwise known as the
Optometry Law. All other acts, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly. cdt
SECTION 43.
Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in the Official
Gazette or two (2) national newspapers of general circulation.
Approved: June 7, 1995.
Published in Malaya and the Philippine Times Journal on June
30, 1995. Published in the Official Gazette, Vol. 91 No. 33
page 5206 on August 14, 1995.

1)

be registered midwives;

C o p y r i g h t 2 0 0 5 C D T e c h n o l o g i e s A s i a, I n
c.

2)
be degree holders, preferably in the field of health and
social sciences; and

April 10, 1992

3)
have at least ten (10) years practice as midwives prior
to their appointment, five (5) years of which are in supervisory
positions.

REPUBLIC ACT NO. 7392

AN ACT REVISING REPUBLIC ACT NO. 2644, AS
AMENDED, OTHERWISE KNOWN AS THE PHILIPPINE
MIDWIFERY ACT
ARTICLE I
Title
SECTION 1.
Title. This Act shall be known as the
"Philippine Midwifery Act of 1992."
ARTICLE II
The Board of Midwifery
SECTION 2.
Composition. There shall be a Board of
Midwifery, hereinafter referred to as the Board, which shall be
under the direct supervision of the Professional Regulation
Commission (PRC). It shall be a collegial body composed of a
chairman and four (4) members to be appointed by the
President of the Philippines from among the recommendees of
the Commissioner of the Professional Regulation Commission.
The Commission shall recommend three (3) registered
midwives from the list submitted by the association of
midwives; one (1) obstetrician from the list submitted by the
association of obstetricians; and one (1) registered nursemidwife from the list submitted by the association of midwives:
Provided, That said associations are accredited in accordance
with Presidential Decree No. 223: Provided, further, That the
nominees submitted shall possess the appropriate
qualifications prescribed in Section 3 hereof.
SECTION 3.
Qualifications and Disqualifications of the
Board Members. a) Each member of the Board shall at the
time of his appointment:
1)

be a citizen and resident of the Philippines;

2)

be of good moral character;

3)

be at least thirty (30) years of age; and

4)
not be a member of the faculty, whether full time, part
time or lecturer, of any school, college or university where a
regular course in midwifery is taught, and shall not have any
pecuniary interest directly or indirectly, in such institution
during his term of office as a Board member.
b)
The Chairman of the Board shall at the time of his
appointment:
1)

be a registered obstetrician; and

2)
have at least ten (10) years practice as an
obstetrician prior to his appointment. acd
c)
Three (3) members of the Board shall at the time of
their appointment:

d)
One (1) member of the Board shall at the time of his
appointment:
1)

be a registered nurse-midwife; and

2)
have at least ten (10) years practice as a nursemidwife.
SECTION 4.
Term of Office. The Chairman and the
four (4) members of the Board shall hold office for a term of
three (3) years or until their successors shall have been
appointed and duly qualified, without prejudice to
reappointment for another term. Each member of the Board
shall qualify by taking his/her oath of office before entering
upon the performance of his/her duties.
SECTION 5.
Duties and Functions of the Board. The
Board shall have the following duties and functions:
a)

to enforce the provisions of this Act;

b)
to administer oaths in accordance with the provisions
of this Act;
c)
to issue and, after due investigation, suspend or
revoke certificates or registration for the practice of midwifery;
d)
to investigate any violation of this Act or of the rules
and regulations issued thereunder, as may come to the
knowledge of the Board; and for this purpose, to issue
subpoena and subpoena duces tecum to alleged violators or
witnesses to secure their attendance in investigations or
hearings, and the production of books, papers and documents
in connection therewith and compel their attendance by the
power of contempt;
e)
to conduct yearly board examinations to midwifery
examinees under the supervision of the Commission;
f)
to look, from time to time, into the condition affecting
the practice of midwifery in the Philippines and adopt such
measures as may be deemed necessary for the maintenance
of the standards and ethics of the profession; and
g)
to adopt an official seal to authenticate its official
documents.
The Board shall exercise these powers and duties in
accordance with Presidential Decree No. 223.
SECTION 6.
Compensation of Board Members. The
Chairman and the Members of the Board shall receive the
same compensation granted to the Chairman and members of
the boards of similar nature as provided for in the General
Appropriations Act.
SECTION 7.
Removal of Board Members. Any member
of the Board may be removed from office by the President,
upon the recommendation of the Professional Regulation
Commission, for neglect of duty, incompetence or for

unprofessional, immoral or dishonorable conduct, after having

been given the opportunity to defend himself in a proper
administrative investigation conducted by the Commission.

examination, an applicant shall, at the time of filing of his/her

application therefor, establish to the satisfaction to the Board
that he/she:

SECTION 8.
Supervision of the Board and Custodian of
Its Records. The members of the Board shall be under the
general supervision of the Professional Regulation
Commission. All records, including examination papers,
examination results, minutes of deliberation, records of
administrative cases and investigations of the Board shall be
kept by the Commission. cd i

a)

SECTION 9.
Rules and Regulations. Subject to the
approval of the Commission, the Board shall set ethical and
professional standards for the practice of midwifery and adopt
such rules and regulations as may be necessary to carry out
the provisions of this Act. Such standards, rules and
regulations shall take effect thirty (30) days after publication in
two (2) national newspapers of general circulation.
SECTION 10.
Annual Report. The Board shall submit an
annual report to the Commission at the end of each calendar
year, giving a detailed report of its activities and proceedings
during the year. Other information or data may be requested by
the Commission as often as may be necessary and
practicable.
ARTICLE III
Examination and Registration of Midwives
SECTION 11.
Examination Required. All applicants for
registration to the practice of midwifery in the Philippines shall
be required to undergo an examination as required for in this
Act.
SECTION 12.
Scope of Examinations. The scope of
examinations for the practice of midwifery shall consist of the
following:
a)

Infant care and feeding;

b)

Obstetrical anatomy and physiology;

c)
Principles of bacteriology as applied to midwifery
practice;
d)

Obstetrics;

e)

Midwifery procedures;

f)

Domiciliary midwifery;

g)

Community hygiene and first aid;

h)

Nutrition;

i)

Ethics of midwifery practice;

j)

Primary health care;

k)

Professional Growth and Development;

l)

Family planning; and

is in good health and of good moral character; and

b)
is a graduate of midwifery in a government
recognized and duly accredited institution.
At the time of the issuance of a certificate of registration, the
applicant shall be a citizen of the Philippines and at least
eighteen (18) years of age. cd
SECTION 14.
Schools of Midwifery. To be recognized
as a duly accredited and legally constituted institution for
midwifery training as provided in this Act, a school of midwifery
shall have a permit from the Department of Education, Culture
and Sports (DECS). The school shall have at least fifty (50)
maternity beds and affiliated with an accredited hospital duly
accredited by an authorized government agency or
instrumentality.
The school shall have a minimum ratio of one (1) clinical
instructor to twelve (12) students in the hospital and in the
community.
Before allowing a student to graduate, the school shall
satisfactory show to the Department of Education, Culture and
Sports (DECS) or other authorized government agencies that
the student has completed the course in midwifery as
prescribed by the DECS or other duly authorized government
agencies, and that during the training, the student has
personally attended at least a total of twenty (20) deliveries in
the hospital and in its domiciliary services.
SECTION 15.
Qualification of Faculty. The faculty shall
have academic preparation appropriate to teaching
assignment, as follows:
a)
At least a bachelor's degree holder or Doctor of
Medicine (M.D.);
b)
Proof of competence in the field of specialization
assigned to him; and
c)
A registered nurse or registered midwife in the
Philippines with at least one (1) year of satisfactory teaching
experience or one (1) year of efficient performance in maternity
ward/community: Provided, That a registered midwife may be
allowed to follow-up student midwives in the community ward
provided she has at least two (2) years of experience in the
area of assignment and has undergone training in the
supervision of students.
SECTION 16.
Ratings in the Board of Examination. To
be qualified as having passed the Board Examination for
midwives, a candidate must obtain a general rating of seventyfive percent (75%) in the written test with no grade lower than
fifty percent (50%) in any subject.

m)
Other subjects within the Board may deem necessary
for addition or inclusion from time to time. cdtai

SECTION 17.
Report of the Results of Examination. The
Board shall, within one hundred twenty (120) days after the
examination, report the ratings obtained by each candidate to
the Commissioner of the Professional Regulations
Commission.

SECTION 13.
Prerequisite and Qualifications of Applicants
for Examination. In order to be admitted to the midwifery

SECTION 18.
Issuance of Certificate. Certificate of
Registration as midwife shall, upon payment of the required

fees, be issued to any applicant who passes the examination.

Every certificate of registration shall show full name of
registrant, have a serial number, bear the signatures of the
members of the Board, be attested by the Secretary of the
Board, and be duly authenticated by the official seal of the
Board.
The issuance of a certificate of registration by the Board to the
registrant shall be evidence that the person named herein is
entitled to all rights and privileges of a registered midwife until
said certificate, for just cause, is suspended temporarily or
revoked.
SECTION 19.
Registration of Nurse-Midwife.
Certification of registration may be issued to registered nurses
who pass the examination for midwives: Provided, That the
nurse, before being allowed to take examination show
evidence to the Board of having actually handled twenty (20)
delivery cases as certified by the director or chief of a duly
registered or recognized hospital, or by the proper municipal,
city, or provincial health officer. casia
SECTION 20.
Fees of Examination and Registration.
Applicants for examination for the practice of midwifery shall
pay an examination fee as prescribed by the Professional
Regulation Commission.
SECTION 21.
Inhibition Against Practice of Midwifery.
No person shall practice or offer to practice midwifery in the
Philippines, as defined in this Act, without holding a valid
certificate of registration and a professional license as midwife.
SECTION 22.
Foreign Reciprocity. No midwife who is a
citizen, subject or national of a foreign country shall be granted
any of the rights and privileges under this Act unless he or she
shows to the satisfaction of the Board that the country of which
he or she is a citizen, subject or national, permits within its
territorial limits on the same basis as the citizen, subject or
national of such country: Provided, That the requisites for
admission to midwifery school and for graduation in said
country are substantially the same as those in this country.
SECTION 23.
Practice of Midwifery Defined. The
practice of midwifery consist in performing or rendering, or
offering to perform or render, for a fee, salary, or other reward
or compensation, services requiring an understanding of the
principles and application of procedures and techniques in the
supervision and care of women during pregnancy, labor and
puerperium management of normal deliveries, including the
performance of internal examination during labor except when
patient is with antenatal bleeding; health education of the
patient, family and community; primary health care services in
the community, including nutrition and family planning in
carrying out the written order of physicians with regard to
antenatal, intra-natal and post-natal care of the normal
pregnant mother in giving immunization, including oral and
parenteral dispensing of oxytocic drug after delivery of
placenta, suturing perenial lacerations to control bleeding, to
give intravenous fluid during obstetrical emergencies provided
they have been trained for that purpose; and may inject
Vitamin K to the newborn: Provided, however, That this
provision shall not apply to students in midwifery schools who
perform midwifery service under the supervision of their
instructors, nor to emergency cases.

SECTION 24.
Refusal to Issue Certificate of Registration.
The Board shall refuse to issue a certificate of registration to
any person convicted by a court of competent jurisdiction of
any criminal offense involving moral turpitude, and to any
person guilty of immoral or dishonorable conduct. The Board
shall give the applicant a written statement setting forth the
reason or reasons for its action, which statement shall be
incorporated in the records of the Board.
SECTION 25.
Revocation and Suspension of Certificates.
The Board shall have the power to revoke or suspend the
validity of a certificate of registration of a midwife for any of the
causes mentioned in the preceding section, or for
unprofessional conduct, malpractice, incompetence or serious
ignorance or negligence, assisting or performing abortion in the
practice of midwifery or for making use of fraud, deceit or false
statements to obtain a certificate of registration.
From the decision of the Board, appeal may be taken to the
Professional Regulation Commission which decision shall be
final.
SECTION 26.
Reissuance of Revoked Certificates and
Replacement of Lost Certificate. The Board may, for
reasons of equity and justice and upon proper application
therefor, issue another copy of the certificate upon payment of
dues, and in so doing, it may exempt the applicant from the
requisite examination.
ARTICLE IV
Miscellaneous Provisions
SECTION 27.
Penal Provision. Any person who shall
practice midwifery in the Philippines within the meaning of this
Act without a certificate of registration issued in accordance
herewith, or any person presenting or using as his/her own
certificate of registration of another, or any person giving any
false or forged evidence to the Professional Regulation
Commission in order to secure a certificate of registration, or
any person using a revoked or suspended certificate of
registration or any person assuming, using or advertising, as a
registered midwife or a registered nurse-midwife or appending
to his/her name the letters "R.M." without having been
conferred such title by the Professional Regulation
Commission or advertising any title description tending to
convey the impression that he/she is a registered midwife,
shall be guilty of misdemeanor and shall, upon conviction, be
sentenced to a fine of not less than Ten thousand pesos
(P10,000.00) nor more than Thirty thousand pesos
(P30,000.00), or to suffer imprisonment for a period of not less
than two (2) years nor more than seven (7) years, or both such
fine and imprisonment at the discretion of the court.
The aforementioned penalty shall likewise be imposed upon
any person found guilty of violation of any rule and regulation
issued pursuant to the provisions of this Act.
SECTION 28.
Repealing Clause. Republic Act
Numbered Two Thousand Six Hundred and Forty-four is
hereby repealed and all laws, decree, orders, instructions,
rules and regulations and other issuances or parts thereof
inconsistent with this Act are likewise repealed or amended
accordingly.
SECTION 29.
Separability Clause. If for any reason, any
part or section of this Act shall be declared unconstitutional or

invalid, other sections or provisions hereof which are not

affected thereby shall continue to be in full force and effect.
SECTION 30.
Effectivity Clause. This Act shall take
effect upon completion of its publication in at least two (2)
national newspapers of general circulation.
Approved: April 10, 1992
Published in Malaya and the Philippine Times Journal on April
21, 1992. Published in the Official Gazette, Vol. 88 No. 22
page 3275 on June 1, 1992.

C o p y r i g h t 2 0 0 5 C D T e c h n o l o g i e s A s i a, I n
c.

MALACAANG
Manila
PRESIDENTIAL DECREE No. 1286 January 28, 1978
REGULATING THE PRACTICE OF NUTRITION AND
DIETETICS IN THE PHILIPPINES, AND FOR OTHER
PURPOSES
WHEREAS, Republic Act No. 2674, an Act to regulate the
practice of dietetics in the Philippines took effect on June 18,
1960;
WHEREAS, since the effectivity of said Act, significant
changes have evolved along the delivery of nutritional services
in hospitals and other health care institutions; and
WHEREAS, the provisions of Republic Act No. 2674 regulating
merely as it does the practice of dietetics proved inadequate to
meet the fast changing needs of promoting the nutritional wellbeing of individuals and groups within the framework of
community life, hence, there is an imperative need to regulate
not only the practice of dietetics but also that of nutrition.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in my by the
Constitution, do hereby order and decree:
Section 1. Title of Decree. This Decree shall be known and
cited as the "Nutrition and Dietetics Decree of 1977.
Section 2. Definitions. The following definitions, unless the
context otherwise requires, shall govern in the application and
construction of this Decree:
(a) Board The Board of Nutrition and Dietetics
(b) Commission The Professional Regulation
Commission created under Presidential Decree No.
223.
(c) Nutrition The science of foods, the nutrients and
other substances therein, their action, interaction, and
balance in relation to health and disease and the
process by which the organism ingests, digests,

absorbs, transports, utilizes and excretes food

substances. In addition, nutrition must be concerned
with certain social, economic, cultural and
psychological implications of food and eating.
(d) Dietetics refers primarily to the therapeutic and
food service aspects of the delivery of nutritional
services in hospitals and other health care institutions.
(e) Nutritionist dietitian A person who is qualified to
practice nutrition and dietetics as provided for under
this Decree.
Section 3. Creation and Composition of the Board. There is
hereby created a Board of Nutrition and Dietetics, herein
referred to as the Board under the Commission. It shall be
composed of a Chairman and two members, all to be
appointed by the President of the Philippines upon the
recommendation of the Commission from among nutritionistsdietitians of recognized standing in the Philippines nominated
by the accredited professional organization of nutritionistdietitians in the Philippines, and who, at the time of their
appointment, shall:
(a) be a citizen and resident of the Philippines;
(b) be at least thirty (30) years of age, and of good
moral character;
(c) be a holder of a bachelor's, masters or doctorate
degree conferred by a reputable and legally
constituted school, college, or university with nutrition,
dietetics community nutrition or Public Nutrition as
their major field of study;
(d) have at least five (5) years experience in the field
of nutrition and dietetics, immediately prior to his
appointment;
(e) be a registered nutritionist-dietitian except the
members of first Board who should be registered
dietitians;
(f) not be a member of the faculty of any school,
college, or university, conferring a bachelor's degree
with nutrition, dietetics or community nutrition as a
major study at the time of appointment nor during the
year immediately preceding appointment as member
of the Board. Neither should she have any direct or
indirect pecuniary interest in such institutions.
Section 4. Powers and Duties of the Board. The Board is
vested with authority conformably with the provisions of this
Decree, to:
(a) Administer the provisions of this Decree;
(b) Administer oaths in connection with the
administration of this Decree;
(c) Issue, suspend and revoke certificates of
registration for the practice of nutrition and dietetics;

(d) Look from time to time, into the conditions

affecting the practice of the profession in the
Philippines, and whenever necessary adopt such
measures as may be deemed proper for the
maintenance of high standards of professional
practice. Approval of licenses for hospitals by the
Bureau of Medical Services shall be subject to
recommendation of the Board on the complete
facilities and dietetics staffing of said hospitals;
(e) Approve hospitals, institutions or agencies where
practical training could be given;
(f) Investigate such violations of this Decree of the
regulations issued thereunder as may come to the
knowledge of the Board and, for this purpose, issue
subpoena duces tecum to secure the attendance of
witnesses and production of documents in connection
with the charges presented to the Board;
(g) Establish and administer a code of ethics and fair
practice for nutritionist-dietitians in the Philippines;
(h) Subject to the approval of the Commission,
promulgate such rules and regulations as may be
necessary to carry out the provisions of this Decree.
Section 5. Refusal to Issue a Certificate in Certain Cases. The
Board shall refuse to issue a certificate of registration to any
person convicted by a court of competent jurisdiction of any
criminal offense involving moral turpitude, or any person guilty
of immoral or dishonorable conduct, or of unsound mind, or
suffering from incurable infectious disease and in such case
the Board shall give to the applicant a written statement setting
forth the reason for its action, which statement shall be
incorporated in the record of the Board.
Section 6. Revocation and Suspension of Certificates. The
Board may after giving proper notice and hearing to the party
concerned, revoke or suspend a certificate of registration for
any of the causes mentioned in the next preceding paragraph,
or for unprofessional conduct, malpractice, incompetency or
serious ignorance or malicious negligence in the practice of
nutrition and dietetics; or for making use of fraud, deceit, or
false statement to obtain a certificate of registration; or for
habitual use of intoxicating drink, drugs or medicines causing
him to become incompetent to practice nutrition and dietetics;
or for the employment of a person who is not qualified to do the
work that under this Decree can be done only by persons who
have certificates of resignation to practice nutrition and
dietetics in the Philippines.
Section 7. Appeal from Judgment. The decision of the Board
shall become final after thirty days from the date of
promulgation unless within said period any interested party has
perfected an appeal tot he Commission whose decision shall
be final, subject to the usual appeal to the Office of the
President.
Section 8. Reinstatement and Replacement of
Certificates. The Board may, upon application and for reasons
deemed proper and sufficient, issue another registration
certificate in lieu of one previously revoked, and in so doing, it
may in its discretion, exempt the applicants from taking another
examination. A new certificate to replace any certificate lost,

destroyed or mutilated may be issued subject to the applicable

law and rules of the Board.
Section 9. Term of Office. The members of the Board shall
hold office for a term of three years after appointment or until
the successor shall have been appointed and duly qualified but
not to exceed two terms or six years. Interim vacancies in the
Board shall be filled for the unexpired term only.
Section 10. The Commission and All Records of the
Board. The Commission shall conduct the examinations given
by the Board according to the rules and regulations
promulgated by the former. All records of the Board, including
examination papers, minutes of deliberations, and records of
administrative proceedings and investigations shall kept by the
Commission.
Section 11. Compensation of the Board. The members of the
Board shall each receive as compensation the sum of fifteen
(15) pesos for each applicant examined but shall not less than
three thousand six hundred (P3,600) pesos per annum nor
more than twenty four thousand (P24,000) pesos per annum
as provided for in Republic Act Four Hundred Sixty Five, as
amended. Any nutritionist-dietitian in the service of the
government of the Philippines appointed as member of the
Board shall receive the compensation herein provided in
addition to his salary.
Section 12. Removal of Board Members. The President of the
Philippines upon recommendation of the Commission may
suspend or remove any member of the Board for neglect of
duty, incompetence, commission or tolerance or irregularities
in the examinations, malpractice, or unprofessional, unethical,
immoral or dishonorable conduct, after having given the
member concerned an opportunity to be heard and/or to
defend himself in a proper administrative investigation:
Provided, That during the investigation, the President shall
have the power to suspend such member under investigation
and appoint a temporary member in his place.
Section 13. Publication in the Official Gazette. All rules,
regulations and code of ethics promulgated by the Board under
the provisions of this Decree shall be published in the Official
Gazette, and shall be effective fifteen days after publication
therein.
Section 14. Annual Report. The Board shall submit an annual
report to the Commission after the close of each fiscal year,
giving a detailed account of the proceedings of the Board
during the year and embodying such recommendations as the
Board may desire to make.
Section 15. Practice of Nutrition and Dietetics. No person shall
offer himself in the Philippines as, or use the title "Nutritionistdietitian" or any word, letter, figure, or sign whatsoever, tending
to convey the impression that he or she is a nutritionistdietitians, or advertise or indicate in any manner that he or she
is qualified to perform the work of a nutritionist-dietitian without
holding a valid certificate or registration as issued by the Board
in accordance with this Decree, unless exempt from
registration as provided under Section 11 hereof.
Section 16. Registration. Certificates of Registrations. A
certificate of registration for nutritionist-dietitian shall be issued
to any applicant who passes the examination hereinafter
provided upon payment of the required fees: Provided, That

the first Board may issue within a period not exceeding two
years from the composition of said Board, a certificate of
registration as nutritionist-dietitian, without the necessity of
undergoing the examinations herein prescribed to applicants
who are dietitians registered in accordance with Republic Act
Numbered Two Thousand Six Hundred Seventy Four, and to
any person who has passed the civil service examinations for
nutritionist given prior to the effectivity of this Decree provided
that he or she is a holder of a Bachelor, Masters or Doctorate
degree in Foods and Nutrition or Nutrition and Dietetics or
Community Nutrition or Community Nutrition or Institutional
Management, or Public Health Nutrition: Provided, That
holders of Doctor of Philosophy in Nutrition and Dietetics,
Community Nutrition, Public Health Nutrition, or Institutional
Management with at least 3 years practice in the Philippines
shall be allowed to register without examination.
Every certificate of registration shall show the full name of the
registrant with a serial number, and shall be signed by all the
members of the Board and the Chairman of the Commission
and duly authenticated by the Official seal of the Board.
The certificate of registration issued by the Board to the
registrant shall be evidenced that the person named therein is
entitled to the rights and privileges of a registered nutritionistdietitian while said certificate remains in force.
Section 17. Board Examinations. Except as otherwise
specifically provided herein, all applicants for registration as
nutritionist-dietitian shall undergo the required technical
examinations in accordance with this Decree.
Section 18. Qualifications for Admission. In order to be
admitted to the examinations for nutritionist-dietitians, an
applicant must, at the time of filing his or her application,
establish to the satisfaction of the Board that:

Section 20. Scope of Examinations. The examinations for the

practice of nutrition and dietetics in the Philippines shall consist
of written tests which shall cover such subjects as the Board
may prescribe.
Section 21. Ratings in the Examinations. To pass the
examinations, a candidate must obtain an average of seventy
per cent, with no rating below fifty per cent in any subject:
Provided, That an applicant who fails to obtain a passing
average but who obtained at least seventy per cent in each of
at least one-half of the total subject given in the examinations,
may be permitted to take within one (1) year from the date of
his examination, another examination, on the subjects in which
he obtained a grade below seventy percent. Should the
examinee fail in the set of subjects repeated in the second
examinations, he shall be required to take all the subjects in
the next examinations.
Section 22. Report of Results of Examinations. Within one
hundred twenty (120) days after the examinations, the Board
shall report the result thereof to the Commission for approval.
Section 23. Fees for Examinations and Registration. Every
applicant for examinations and registration, including
registration without examination as nutritionist-dietitian shall
pay the fees prescribed under Republic Act Numbered Four
Hundred Sixty Five, as amended.
All fees shall be paid to the collecting officer of the Commission
who shall pay form the receipt thereof all the authorization fee
shall be refunded to the applicant if his application is
disapproved.
Section 24. Exempt form Registration. Registration shall not
be required of nutritionist-dietitians, from other countries called
in for consultations: Provided, That a certificate of exemption
shall be secured form the Board in advance.

(a) He or she is a good citizen of the Philippines;

(b) He or she is at least twenty years of age, in good
health and is of good moral character;
(c) He or she had finished a standard academic high
school course or its equivalent in a school, college or
university legally established and duly recognized by
the government;
(d) He or she is a holder of a bachelor's degree
conferred by a reputable and legally constituted
school, college or university with nutrition, dietetics or
community nutrition as a major study;
(e) He or she has completed the required practical
training as may be prescribed by the Board; Provided,
That within three after approval of this decree,
graduates of Nutrition and Dialects who have
undergone dietetic internship may be admitted to the
Board.
Section 19. Schedule of Examinations. Examinations for
candidates desiring to practice nutrition and dietetics in the
Philippines shall be given by the Board in the place or places
and on dates to be determined and fixed by the Commission.

Section 25. Oath of Nutritionist-Dietitians. All successful

examinees shall be required to take a professional oath before
the Board or before any person authorized to administer oaths,
prior to engaging in the practice of nutrition and dietetics in the
Philippines.
Section 26. Roster of Nutritionists-Dietitians. A roster of
nutrition-dietitians shall be prepared by the Commission during
the month of July every year, commencing on the year
following that in which the Decree shall become effective. This
roster shall contain the name and address of each of the
registered nutritionist-dietitians, date of registration or issuance
of certificates, and other data which, in the opinion of the Board
may appear pertinent. The roster shall be open for public
inspection, and copies thereof shall be furnished each person
so registered, placed on file in the Office of the President of the
Philippines, and furnished to all Department Heads, to the
Department of Health, and to such other bureaus or
government agencies as may be deemed necessary and to the
public upon request: Provided, That those previously
registered in accordance with Republic Act Numbered Two
Thousand Six Hundred Seventy Four shall retain their
registration certificate numbers.
Section 27. Requirement for Hospitals and Nutrition Agencies.
A) Hospitals All hospitals whether government or private with
twenty five (25) to seventy five (75) bed capacity shall employ

a minimum of one nutritionist-dietitian, above seventy five (75)

to one hundred fifty (150) bed capacity, a minimum of two
nutritionist-dietitians, above one hundred fifty (150) to two
hundred fifty (250) bed capacity, a minimum of three
nutritionist-dietitians, above two hundred fifty (250) bed
capacity to five hundred (500) bed capacity, a minimum of four
nutritionist-dietitians and above five hundred (500) to one
thousand (1,000) bed capacity, a minimum of five nutritionistdietitians: Provided, That no person shall be employed as
nutritionist-dietitian in any hospital without having been
registered in accordance with the provisions of this Decree.
The provisions of this section shall be complied with within one
year from the date of effectivity of this Decree.
A) Nutrition Agencies all these agencies whether government
or private shall employ registered nutritionist-dietitians, There
shall be required at least one (1) nutritionist-dietitian for each
province, city municipality and rural health units.
Section 28. Enforcement of the Decree by Officer of the
Law. It shall be the duty of all duty constituted officers of the
law of the National Government, or of any provincial, city or
municipal government, to enforce the provisions of this Decree
and to prosecute any person violating the same.
Section 29. Foreign Reciprocity. No foreigner shall be
admitted to examinations, or be given a certificate or
registration or be entitled to any of the rights and privileges
under this Act, unless the country or state of which he is a
subject or a citizen permits Filipino nutritionist-dietitians to
practice within its territorial limit on the same basis as the
subjects or citizens of said country or state: Provided, however,
That number of foreigners allowed to practice in the Philippines
shall not exceed the number of Filipinos practicing in their
respective countries.
Section 30. Penal Provisions. The following shall be punished
by a fine of not less than five hundred pesos nor more than two
thousand pesos, or imprisonment for not less than one month
nor more than two years, or both, in the discretion of the court:
(a) Any person who shall give any false or fraudulent
statement to the Board to obtain a certificate of
registration as nutritionist-dietitian;
(b) Any person who shall present or use as his own a
certificate of registration issued to another under this
Decree;
(c) Any person who shall present or use a revoked or
suspended certificate of registration as nutritionistdietitian;
(d) Any person who shall assume, use, or advertise
as nutritionist-dietitian or appeal to his or her name,
letters, or words tending to convey the impression that
he or she is a registered nutritionist-dietitian when in
fact he or she is not duly registered with the Board as
such;
(e) Any person who shall violate any provisions of this
Decree or any rules and regulations promulgated
under this Decree.
Section 31. Repealing clause. The following are hereby
repealed: Republic Act Numbered Two Thousand Six Hundred

Seventy Four; and such other laws or part of laws, executive

orders, circulars, regulations and memoranda inconsistent with
this Decree.
Section 32. Separability of Provisions. If any provision of this
Decree or any portion thereof is declared unconstitutional by a
competent Court, the other provisions thereof shall not be
affected thereby.
Section 33. Effectivity. This Decree shall take effect
immediately.
Done in the City of Manila, this 20th day of January, in the year
of Our Lord nineteen hundred and seventy-eight.

June 18, 1955

REPUBLIC ACT NO. 1364
AN ACT TO REGULATE THE PRACTICE OF SANITARY
ENGINEERING IN THE PHILIPPINES
ARTICLE I
Title of Act and Definition of Terms
SECTION 1.
Title of Act. This Act shall be known as
the "Sanitary Engineering Law."
SECTION 2.
Definition of terms. The practice of
sanitary engineering within the meaning and intent of this Act
shall embrace the following activities:
(a)
Sanitary surveys, reports, design, direction,
management, consultation, and investigation of:
(1)
Water purification plants, water collection and
distribution systems, reservoirs, drainage and sewer systems,
sewage treatment plants, malaria control structures, sewage
disposal tanks, and other structures for public health and
welfare. cda
(2)
Projects relating to stream pollution, insect and
vermin control or eradication, rural and camp sanitation, and
milk and food sanitation.
(3)
Systems for the prevention of atmospheric pollution or
the control of indoor air, especially the air of working spaces in
industrial establishments (industrial hygiene engineering).
(b)
Professional research and laboratory work supporting
the activities listed in subsection (a).
(c)
The term "sanitary engineer" as used in this Act shall
mean a person duly registered with the Board of Examiners for
Sanitary Engineers in the manner as hereinafter provided.
ARTICLE II
Board of Examiners for Sanitary Engineers
SECTION 3.
Composition of Board. Within thirty days
from the effectivity of this Act there shall be created a Board of
Examiners for Sanitary Engineers, hereinafter referred to as
the Board, to be composed of a chairman and two members

who shall be appointed by the President of the Philippines

upon the recommendation of the Commissioner of Civil Service
from among such persons of recognized standing in their
profession as may be certified as having practised at least five
years, and academically and morally fully qualified by their
respective bona fide sanitary engineering associations. The
members of the Board shall hold office for a term of three
years after appointment or until their successors shall have
been appointed and shall have duly qualified. The first
members of the Board appointed under this Act shall hold
office for the following terms: one member for one year; one
member for two years; and one member for three years. Each
member of the Board shall qualify by taking the proper oath of
office before entering upon the performance of his duties. Any
member of the Board may be removed by the President for
neglect of duty, incompetence, malpractice, unprofessional,
unethical, immoral, or dishonorable conduct, after having been
given opportunity to defend himself in a proper administrative
investigation: Provided, That during the process of
investigation, the President shall have the power to suspend
such member under investigation and shall appoint a
temporary member in his place. Vacancies in the Board shall
be filled for the unexpired term. cd
SECTION 4.
Powers and duties of the Board. The
Board of Examiners for Sanitary Engineers is vested with
authority, conformable with the provisions of this Act, to
administer oaths, issue, suspend and revoke certificates of
registration for the practice of sanitary engineering, issue
certificates of recognition to sanitary engineers already
practicing prior to the effectivity of this Act for advanced
studies, research and/or highly specialized training in any
branch of sanitary engineering, subject to the approval of the
President, to investigate such violations of this Act and the
regulations thereunder as may come to the knowledge of the
Board and for this purpose, issue subpoena duces tecum to
secure appearance of witnesses in connection with the
charges presented to the Board, to inspect, at least once a
year, educational institutions offering courses in sanitary
engineering, to discharge such other powers and duties as
may affect ethical and technological standards of the sanitary
engineering profession in the Philippines. For the purpose of
this Act, the Secretary of Health, and/or his duly authorized
representatives in the provinces and chartered cities shall be
ex officio agents of the Board, and as such it shall be their duty
to help in the enforcement of the provisions of this Act.
If any person shall refuse to obey any subpoena so issued or
shall refuse to testify or produce any book, document, etc., the
Board may present its petition to the Court of First Instance,
setting forth the facts and thereupon such court shall, in a
proper case, issue its subpoena to such person, requiring his
appearance before such court, and there to testify or produce
such books, papers, documents, etc., as may be deemed
necessary and pertinent by the Board. Any person failing or
refusing to obey the subpoena or order of the said court, may
be proceeded against in the same manner as for refusal to
obey any other subpoena or order of the court.
SECTION 5.
Qualifications of Board members. Each
member of the Board shall, at the time of his appointment:
cdtai
(a)

Be a citizen and resident of the Philippines;

(b)
Be at least thirty years of age and of good moral
character;
(c)
Be a graduate of sanitary engineering or a registered
civil engineer who has taken major subjects in sanitary
engineering from a recognized and legally constituted school,
institute, college or university and/or a registered Civil Engineer
who has passed the Civil Service examination for Senior
Sanitary Engineer;
(d)
Be a registered sanitary engineer duly qualified to
practice sanitary engineering in the Philippines and have
practised sanitary engineering, with a certificate as such, for a
period of not less than five years prior to his appointment;
(e)
Not be a member of the faculty of any school,
institution, college, or university where sanitary engineering
course is taught nor have a pecuniary interest in such
institution;
(f)
No former members of the faculty of any school,
institution, college or university, where sanitary engineering is
taught can become a member of the Board, unless he had
stopped teaching for at least three consecutive years prior to
his appointment.
SECTION 6.
Registration and examination fees. The
Board of Examiners shall charge for each application for
examination, the sum of thirty-five pesos and for each
certificate of registration, ten pesos. cda
SECTION 7.
Compensation of Board Members. The
members of the Board shall each receive as compensation, the
sum of five pesos for each applicant examined. A sanitary
engineer in the service of the Government of the Philippines,
appointed as member of the Board shall receive the
compensation as herein provided in addition to his salary in the
Government. All authorized expenses of the Board shall be
paid by the Bureau of Civil Service. The Board, including the
compensation provided for hereinafter, shall be paid by the
collecting and disbursing office of the Bureau of Civil Service,
out of such appropriation, as may be made for the purpose.
SECTION 8.
Executive Officer of the Board. The
Commissioner of Civil Service shall be the executive officer of
the Board, and shall conduct the examinations given by the
Board and shall designate any subordinate officer of the
Bureau of Civil Service to act as secretary of the Board. All
records and minutes of the Board, including all examination
papers, shall be kept by the Bureau of Civil Service.
SECTION 9.
Annual report. The Board shall submit an
annual report to the President after the close of each fiscal
year, giving a detailed account of its proceedings during the
year and making such recommendations as may be deemed
proper.
SECTION 10.
Roster of Sanitary Engineers. A roster
showing names and place of business and permanent home
addresses of all professional sanitary engineers, shall be
prepared by the Commissioner of Civil Service during the
month of July of every year, commencing one year after the
date this Act becomes effective. Copies of this roster shall be
mailed to each person so registered and placed on file with the
President; and copies thereof, shall be furnished to all
Department Heads, to the mayors of all chartered cities, to the
Director of Public Works, to the Collector of Customs, to such

other bureaus, or government agencies and provincial and

municipal authorities as may be deemed necessary, and to the
public upon request. cda
ARTICLE III
Examination for Registration
SECTION 11.
Examination requirement. All applicants
for registration for the practice of sanitary engineering, shall be
required to pass a technical examination as hereinafter
provided.
SECTION 12.
Holding of examination. Examination of
candidates desiring to practice sanitary engineering in the
Philippines shall be given in the City of Manila, beginning the
last Monday of January and August of each year, provided that
such days do not fall on official holidays, otherwise the
examination shall be held on the days next following.
SECTION 13.
Subjects of examination. Applicants for
certificates of registration as sanitary engineers shall be
examined in the following subjects: Mathematics, including
algebra, plane and spherical trigonometry, analytics,
descriptive and solid geometry, differential and integral
calculus, rational and applied mechanics; hydraulics;
topographic and hydrographic surveying; design and
construction of wooden, masonry, reinforced concrete, and
steel structures as flumes, water towers and drainage canals;
hydrology; water and sewage analysis; microbiology and
bacteriology; design and construction of sewers, storm drains,
water purification plants, sewage treatment plants and
plumbing: Provided, however, That duly registered civil
engineers shall be exempted from taking examinations in the
following subjects: (1) Mathematics, including algebra, plane
and spherical trigonometry, differential and integral calculus,
rational and applied mechanics; (2) hydraulics; (3) topographic
and hydrographic surveying; and (4) design and construction of
wooden, masonry, reinforced concrete and steel structures as
flumes, water towers and drainage canals.
SECTION 14.
Report of ratings. The Board of
Examiners for Sanitary Engineering shall, within one hundred
and twenty days after the date of completion of the
examination, report the rating obtained by each candidate to
the Commissioner of Civil Service, who shall submit such
ratings to the President.
SECTION 15.
Reexamination. An applicant who for the
third time fails to pass the examination for the same grade
shall not be allowed to take another until at least one year has
elapsed after his last examination. cda
SECTION 16.
Issuance of certificates. The President
shall, upon the recommendation of the Board, issue a
certificate of registration upon payment of the registration fee
as provided in this Act to any applicant, who, in the opinion of
the Board and after approval by the President, has
satisfactorily met all the requirements specified in this Act.
All certificates of registration shall show the full name of the
registrant, shall have a serial number, and shall be signed by
all the members of the Board, the President and the
Commissioner of Civil Service and shall be attested by the
official seal of the same Board.

The issuance of a certificate of registration by the Board to a

registrant shall be evidence that the person named therein is
entitled to all the rights and privileges of a registered sanitary
engineer, while said certificate remains unrevoked and
unsuspended, unless the same is revoked or suspended.
SECTION 17.
Qualifications for examination. Any
person applying for admission to the sanitary engineering
examination as herein provided, shall, prior to the date of the
examination, establish to the satisfaction of the Board that he
has the following qualifications:
(a)

Be at least twenty-one years of age;

(b)

Be a citizen of the Philippines;

(c)

Be of good reputation and moral character; and,

(d)
Be a graduate of a four-year course in sanitary
engineering or BSCE having taken major subjects in sanitary
engineering from a school, institute, college or university
recognized by the Government or the State wherein it is
established. cdasia
SECTION 18.
Oath of Sanitary Engineers. All successful
candidates shall be required to take a professional oath before
the Board of Examiners for Sanitary Engineers or other
Government officials authorized to administer oaths, prior to
entering upon the practice of the sanitary engineering
profession.
SECTION 19.
Seal and use of seal. All registered
sanitary engineers shall obtain a seal of such design as the
Board shall authorize and direct: Provided, however, That the
serial number of the certificate issued by the Board shall be
included in the design of the seal. Plans and specifications
prepared by, or under the direct supervision of a registered
sanitary engineer shall be stamped with the seal during the life
of the registrant's certificate, and it shall be unlawful for any
one to stamp or seal any document with said seal after the
certificate of the registrant named therein has expired or has
been revoked, unless said certificate shall have been renewed
or reissued.
SECTION 20.
Exemption from registration. Registration
shall not be required of the following persons:
(a)
Officers or enlisted men of the United States and
Philippine Armed Forces, and civilian employees of the
Government of the United States stationed in the Philippines
while rendering sanitary engineering services for the United
States and/or Philippines.
(b)
Foreign sanitary engineers or experts called in by the
Philippine Government for consultation for specific sanitary
engineering services as defined under this Act: Provided, That
this practice shall be limited to such work: And provided,
further, That they do not engage in private practice at their own
account as sanitary engineers.
SECTION 21.
Refusal to issue certificate. The Board of
Examiners for Sanitary Engineers shall not issue a certificate
to any person convicted by a court of competent jurisdiction of
any criminal offense involving moral turpitude, or to any person
guilty of immoral or dishonorable conduct, or to any person of
unsound mind. In the event of a refusal to issue a certificate to
any person, the Board shall give to the applicant a written

statement setting forth its reason for such action, which

statement shall be incorporated in the records of the Board.
SECTION 22.
Re-issue and replacement of certificates.
Subject to the approval of the President, the Board shall have
the power after due notice and hearing, to suspend or revoke
the certificate of registration for any cause mentioned in the
preceding section. cdt
SECTION 23.
Suspension and revocation of certificates.
Board may, after the expiration of one year from the date a
certificate of registration is revoked and for reasons it may
deem sufficient, entertain an application for a new certificate of
registration from the registrant concerned. Such application
shall be accomplished in the same form prescribed for
examination, but the Board may, in its discretion, exempt the
applicant from taking the requisite examination.
SECTION 24.
Transitory provisions. Within one year, or
as soon as this Act takes effect, any person desiring to practice
the profession of sanitary engineering shall be required only to
obtain a certificate of registration in the manner and under the
conditions herein provided:
(1)
All graduates of sanitary engineering or civil
engineers who have taken major subjects in sanitary
engineering from a recognized and legally constituted school,
institute, college or university, with at least two years
experience as sanitary engineers; all civil engineers in the
employ of the Philippine Government or in private practice in
the Philippines who have at least five years experience in
sanitary engineering services and civil engineers with no less
than ten years continuous practice as master plumbers, prior to
the approval of this Act; and,
(2)
All civil engineers who have passed the Assistant
Sanitary Engineer or Senior Sanitary Engineer Civil Service
examinations and have been practicing sanitary engineering
for at least two years prior to the approval of this Act.
ARTICLE IV
Enforcement of Act and Penal Provisions
SECTION 25.
Enforcement of the Act by officers of the law.
It shall be the duty of all duly constituted law officers of the
national, provincial, city and municipal governments or any
political subdivision thereof, to enforce the provisions of this
Act and to prosecute any person violating the same. casia
SECTION 26.
Registration required. Unless exempted
from registration, no person shall practice or offer to practice
sanitary engineering in the Philippines without having obtained
the proper certificate of registration from the Board of
Examiners for Sanitary Engineers.
SECTION 27.
Penal provisions. Any person who shall
practice or offer to practice sanitary engineering in the
Philippines without being registered in accordance with the
provisions of this Act, or any person presenting or attempting
to use as his own the certificate of registration of a registered
sanitary engineer, or any person who shall give any false or
forged evidence of any kind to the Board, or any person who
shall impersonate any registrant sanitary engineer of different
name, or any person who shall attempt to use a revoked or
suspended certificate of registration, or any person who shall
use in connection with his name, or otherwise assume, use, or

advertise any title or description tending to convey the

impression that he is a sanitary engineer, without holding a
valid certificate of registration, or any person who shall violate
any of the provisions of this Act, shall be guilty of a
misdemeanor and shall, upon conviction, be sentenced to a
fine of not less than five hundred pesos nor more than two
thousand pesos, or to suffer imprisonment for a period of not
less than six months nor more than one year, or both, in the
discretion of the court.
ARTICLE V
Miscellaneous Provisions
SECTION 28.
Field of action authorized for Sanitary
Engineering; prohibitions. It shall be unlawful for any
person, unless exempted from registration under section
twenty of this Act:
(a)
To be in responsible charge of the preparation of
plans, designs, investigations, valuations, technical reports,
specifications or estimates, or to be in performance of other
sanitary engineering service, either for himself or for others,
unless he holds a valid certificate of registration as sanitary
engineer.
(b)
To be in responsible charge of the construction,
erection, installation or alteration, or of the performance of
sanitary engineering service in connection with the
manufacture, sale, supply or distribution of any sanitary
engineering works, projects or plant (as cited in article one,
section two of this Act), either for himself or for others, unless
he holds a valid certificate of registration as sanitary engineer.
SECTION 29.
Preparation of plans and supervision of
construction by registered sanitary engineers required. It
shall be unlawful for any person or firm to order or otherwise
cause the construction, erection, installation or alteration of any
sanitary engineering equipment, machinery or process for any
sanitary engineering work, project or plant, the cost of which
exceeds five thousand pesos, unless the designs, plans,
layouts, and/or specifications have been prepared under the
responsible charge of, signed and sealed by a registered
sanitary engineer, and unless the construction, erection,
installation, and/or alteration thereof are executed under the
responsible charge and direct supervision of a registered
sanitary engineer. cdtai
SECTION 30.
Firms and corporations engaged in sanitary
engineering practice. A firm, partnership, corporation or
association may engage in the practice of sanitary engineering
in the Philippines: Provided, That such practice is carried out
under the supervision of a sanitary engineer or sanitary
engineers holding valid certificates issued by the Board.
No firm, partnership, corporation or association, using the
name of a person or persons as in the name of a firm, shall
advertise as sanitary engineers unless said person or persons
are registered sanitary engineers.
SECTION 31.
Collection of professional fees. It shall be
unlawful for any unregistered person to collect a fee for
services rendered except as an employee collecting a fee as
representative of a registered sanitary engineer.
SECTION 32.
Reciprocity requirements. No person who
is not a citizen of the Philippines at the time he applies to take

the examination shall be allowed to take it unless he can prove

in the manner provided by the Rules of Court that, by specific
provision of law, the country of which he is a citizen, subject, or
national either admits citizens of the Philippines to the practice
of the same profession without restriction or allows them to
practice it after an examination on terms of strict and absolute
equality with citizens, subjects, or nationals of the country
concerned, including the unconditional recognition of degrees
issued by institutions of learning duly recognized for the
purpose by the Government of the Philippines: Provided, That
if he is not a citizen of the Philippines after December eight,
nineteen hundred and forty-one, his active practice in that
profession, either in the Philippines or in the state or country
where he was practicing his profession, shall not have been
interrupted for a period of two years or more prior to July four,
nineteen hundred and forty-six, and that the country or state
from which he comes allows the citizens of the Philippines by
specific provisions of law, to practice the same profession
without restrictions or on terms of strict and absolute equality
with citizens, subjects or nationals of the country or state
concerned. acd
SECTION 33.
Act not affecting other provisions and/or
trades. This Act shall not be construed to affect or prevent
the practice of any other legally recognized profession, and/or
trade nor shall it be construed to diminish the fields of practice
already embraced by civil engineers duly registered under the
Civil Engineering Law, Republic Act Numbered Five hundred
and forty-four, or of those by duly licensed master plumbers
under existing law.
SECTION 34.
Construction of Act. If any part or section
of this Act shall be declared unconstitutional, such declaration
shall not invalidate the other provisions hereof.
SECTION 35.
its approval.

Effectivity. This Act shall take effect upon

Approved: June 18, 1955

Published in the Official Gazette, Vol. 51, No. 8, p. 3943 in
August 1955

June 19, 1965

REPUBLIC ACT NO. 4373
AN ACT TO REGULATE THE PRACTICE OF SOCIAL WORK
AND THE OPERATION OF SOCIAL WORK AGENCIES IN
THE PHILIPPINES AND FOR OTHER PURPOSES
ARTICLE I
Definition of Terms
SECTION 1.

As used in this Act:

professional experience possesses the skill to achieve the

objectives as defined and set by the social work profession,
through the use of the basic methods and techniques of social
work (casework, group work, and community organization)
which are designed to enable individuals, groups and
communities to meet their needs and to solve the problems of
adjustment to a changing pattern of society and, through
coordinated action, to improve economic and social conditions,
and is connected with an organized social work agency which
is supported partially or wholly from government or community
solicited funds.
(c)
A "social work agency" is a person, corporation or
organization, private or governmental, that engages mainly and
generally, or represents itself to engage in social welfare work,
whether casework, group work, or community work, and
obtains its finances, either totally or in part, from any agency or
instrumentality of the government and/or from the community
by direct or indirect solicitations and/or fund drives, and/or
private endowment.
ARTICLE II
Organization of the Board of Examiners for Social Workers
SECTION 2.
Name and composition of the Board.
Within sixty days after the approval of this Act, there shall be
created a Board of Examiners for Social Workers hereinafter to
be referred to as the Board, composed of a Chairman and four
members who shall be appointed by the President of the
Philippines with the consent of the Commission on
Appointments, from among social workers of recognized
standing in the Philippines, and who, at the time of their
appointment shall:
(a)

Be a citizen and resident of the Philippines;

(b)
Be at least thirty years of age and of good moral
character;
(c)
Possess a Master's Degree in Social Work (M.S.S.W.,
M.S.S., M.A.S.W., or its equivalent) conferred by a reputable
school, college or university duly recognized by the
government, and also by a duly accredited school, college or
university abroad.
(d)
Have had at least five years of practice in a social
work agency in the case of a holder of Bachelor's Degree in
Social Work or its equivalent, or at least two years of social
work practice in the case of a holder of Master's Degree in
Social Work or its equivalent, after receiving the respective
degree.
(e)
Be a registered social worker duly qualified to practice
social work under this Act: Provided, however, That this
qualification shall not be required of the first appointees to the
Board under this Act; and

(a)
Social work is the profession which is primarily
concerned with organized social service activity, aimed to
facilitate and strengthen basic social relationships And the
mutual adjustment between individuals and their social
environment for the good of the individual and of society by the
use of social work methods.

(f)
Not be a member of the faculty of any school, college
or university at the time of appointment; nor during the year
immediately preceding the appointment to be a member of the
Board conferring the Bachelor's and/or Master's degree in
social work, or shall have any direct or indirect pecuniary
interest in such institution. cdtai

(b)
A "social worker" as used in this Act is a practitioner
who by accepted academic training and social work

SECTION 3.
Functions and duties of the Board. The
Board shall have the following functions and duties:

(a)

To administer the provisions of this Act;

(b)
To administer oaths in connection with the
administration of this Act;
(c)

To prepare the official seal of the Board;

(d)
To issue, suspend, and revoke certificates of
registration for the practice of social work;
(e)
To look into the conditions affecting the practice of
social work in the Philippines, and, whenever necessary, adopt
such measures as may be deemed proper for the maintenance
of the good standing and the ethics of the profession of social
work; and
(f)
To investigate such violations of this Act or of the
rules and regulations issued thereunder as may come to the
knowledge of the Board, and, for this purpose, to issue
subpoenas and subpoenas duces tecum to secure the
appearances of witnesses and the production of documents in
connection therewith.
SECTION 4.
Term of office. The members of the Board
shall hold office for a term of three years or until their
successors shall have been appointed and duly qualified:
Provided, That the members of the first Board appointed under
this Act shall hold office for the following terms: the Chairman
for three years, two members for two years, and two members
for one year, which shall be specified in their appointment. Any
vacancy occurring within the term of a member shall be filled
for the unexpired portion of the term only. Each member of the
Board shall qualify by taking the proper oath of office prior to
entering upon the performance of his or her duties. No member
shall succeed himself on the Board.
SECTION 5.
Executive Officer and Secretary of the
Board. The Commissioner of Civil Service shall be the
Executive Officer of the Board and he shall conduct the
examinations given by it according to the rules and regulations
promulgated by the Board and approved by the President of
the Philippines. The members shall elect a Secretary among
them, who shall take charge of the records. All the records of
the Board, including examination papers, minutes of
deliberations, and records of administrative proceedings and
investigations shall be kept by the Civil Service Commission.
SECTION 6.
Compensation of Board Members. The
chairman and members of the Board shall each receive as
compensation the sum of ten pesos for each applicant
examined.
SECTION 7.
Removal of Board Members. Any member
of the Board may be removed by the President of the
Philippines upon the recommendation of the Commissioner of
Civil Service for continued neglect of duty, incompetence,
unprofessional, unethical, immoral, or dishonorable conduct,
for commission or toleration of irregularities in the examination,
after having been given the opportunity to defend himself in a
proper administrative investigation.
SECTION 8.
Rules and Regulations. Subject to the
approval of the President of the Philippines and with the advice
of the Commissioner of Civil Service, the Board shall set
ethical and professional standards for the practice of social
work in general, and adopt such rules and regulations as may
be necessary to carry out the provisions of this Act. Such

standards, rules and regulations shall take effect thirty (30)

days after publication in the Official Gazette.
SECTION 9.
Annual Report. The Board shall submit an
annual report to the President of the Philippines and to
Congress after the close of the fiscal year, giving a detailed
account of the proceedings of the Board during the year and
embodying such recommendations as the Board may desire to
make.
ARTICLE III
Examination and Registration of Social Workers
SECTION 10.
Practice of Social Work and Appointment as
Social Workers. Unless exempt from registration, no person
shall practice or offer to practice social work in the Philippines
as defined in this Act, or be appointed as a social worker or to
any position calling for social worker in any social worker
agency whether private or government without holding a valid
certificate of registration as a social worker issued by the
Board of Examiners for Social Workers: Provided, That
registration shall not be required of recognized social workers
or authorities on social work who are residents and/or citizens
of other countries called in for consultations in any agency
working with the United Nations and/or similar international
social agencies: Provided, further, That no provision of this Act
shall be construed to prejudice permanently appointed social
workers who are employed in private or government social
work agencies at the date of approval of this Act, who shall
continue to enjoy rights to promotion and salary increases,
retirement benefits and other previously acquired rights:
Provided, Furthermore, That those who at the time of the
effectivity of this Act, possess the qualifications enumerated in
Section twelve and are actually engaged in the practice of
social work for a period of five years in a social work agency
recognized by the Community Chest, Council of Welfare
Agencies, Philippine Youth Welfare Coordinating Council, or
Social Welfare Administration, shall be exempted from taking
the examination as provided herein if they register as social
workers within a period of one year after the approval of this
Act: Provided, still further, That those who before the effectivity
of this Act are holding regular appointment to social work
positions in the government service on a provisional status for
lack of the educational qualifications required under this Act for
the purpose of taking the board examination and have
rendered five years or more of continuous and satisfactory
service in social work shall, within a period of ten years but not
later than December thirty-first, nineteen hundred seventyeight, be allowed to retain their positions in order to qualify as
registered social workers under the provisions hereof: And
provided, finally, That any person who at the time of the
effectivity of this amendatory Act possesses the qualifications
enumerated in Section twelve hereof except that which is
specified in subparagraph (d) of Section two hereof and who
has been openly performing the functions of, or practicing as, a
social worker as defined in this Act for at least a total of ten
years prior to the effectivity of this amendatory Act, shall be
allowed to continue performing such functions or such practice
in the same office or agency until he or she retires without the
necessity of examination for registration provided that an
affidavit affirming the circumstances of such continuous
practice or a certification by the Civil Service to the same effect
is filed with the Board.

SECTION 11.
Holding of examinations. Except as
otherwise specifically allowed under the provisions of this Act,
all applicants for registration as social workers shall be
required to undergo a written examination which shall be given
by the Board annually in Manila at such time and place as may
be fixed by it, subject to the approval of the Commissioner of
Civil Service and the President of the Philippines. Written or
printed notices of such examination shall be mailed to each
candidate who has filed his name and address with the
Secretary of the Board at least thirty (30) days prior to the date
of the examination. acd
SECTION 12.
Qualification of Applicants. In order to be
admitted to take the social work examination, an applicant
must, at the time of filing his or her application therefor,
establish to the satisfaction of the Board that:
(a)

He or she is a citizen of the Philippines;

(b)

He or she is at least twenty-one years of age;

(c)
He or she is in good health and is of good moral
character;
(d)
He or she has received a diploma as holder of a
bachelor's degree or master's degree or its equivalent in social
work from an institution, college or university duly accredited
and legally constituted: Provided, That the provisions of
Republic Act Numbered Twenty-two hundred and sixty insofar
as cultural minorities are concerned be applied; and
(e)
He or she has completed a minimum period of one
thousand case hours of practical training in an established
social work agency under the direct supervision of a fully
trained and qualified social worker.
SECTION 13.
Scope of examination. The examination
for the practice of social work in the Philippines shall consist of
a written test, the scope of which shall be determined and
prescribed by the Board, taking into consideration the
curriculum of all the social work courses offered in schools
legally constituted in the Philippines: Provided, That no change
or alteration in or addition to the subjects for examination shall
be made within two years from the date of the promulgation of
said subjects. It shall be the duty of the Board to prepare the
schedule of subjects for examinations and to submit the same
to the President of the Philippines for approval through the
Commissioner of Civil Service, and to publish the same, as
approved, at least three months before the date of the
examination wherein they are to be used. Any alteration or
amendment that may be made in said schedule shall likewise
be approved by the President of the Philippines.
SECTION 14.
Ratings in the examination. In order to
pass the examination, a candidate must obtain a general rating
of at least seventy per cent in the written test, with no rating
below fifty per cent in any subject.
SECTION 15.
Report of results of examination. The
Board of Examiners for Social Workers shall, within one
hundred twenty days after the examination, report the ratings
obtained by each candidate to the Commissioner of Civil
Service, who shall, with his recommendation, submit such
ratings to the President of the Philippines for approval.
SECTION 16.
Oath of Social Workers. All successful
examinees shall be required to take a professional oath before

the Board or before any person authorized to administer oaths,

prior to entering upon the practice of social work in the
Philippines.
SECTION 17.
Issuance of certificates. Certificates of
registration as a social worker shall be issued to all applicants
who pass the examination, after approval of her or his ratings
by the President of the Philippines, and upon payment of the
required fees. Every certificate of registration shall show the
full name of the registrant and serial number, and shall bear
the signatures of the members of the Board, attested to by the
Secretary of the Board, and duly authenticated with the official
seal of the Board of Examiners for Social Workers.
The issuance of a certificate of registration by the Board to the
registrant shall be evidence that the person named therein is
entitled to all the rights and privileges of a registered social
worker until said certificate, for just cause, is revoked
temporarily or cancelled.
SECTION 18.
Registration by reciprocity. A certificate of
registration may be issued without examination to social
workers registered under the laws of any foreign state or
country: Provided, That the requirements for the registration or
licensing of social workers in said foreign state or country, are
substantially the same as those required and contemplated by
this Act: And provided, further, That the laws of such state or
country grant the same privileges to Filipino social workers on
the same basis as the subject or citizens of such foreign state
or country.
SECTION 19.
Fees for examination and registration.
Applicants for examination for the social work profession shall
pay an examination fee of fifty pesos. Successful applicants
shall pay a registration fee of thirty pesos. All such fees shall
be paid to the disbursing officer of the Civil Service
Commission, and such officer shall pay from the receipts
thereof, all the authorized expenses of the Board, including the
compensation of its Chairman and members.
SECTION 20.
Refusal to issue certificates in certain cases.
The Board of Examiners for Social Workers shall refuse to
issue a certificate of registration to any person convicted by a
court of competent jurisdiction of any criminal offense involving
moral turpitude, and to any person guilty of immoral or
dishonorable conduct, or to one of unsound mind or suffering
from an incurable or infectious disease. The Board shall give
the applicant a written statement setting forth the reason or
reasons for its action, which statement shall be incorporated in
the records of the Board. cd i
SECTION 21.
Revocation and suspension of certificates.
The Board shall also have the power to revoke or suspend
the validity of a certificate of registration of a social worker for
any of the causes mentioned in the preceding section, or for
unprofessional conduct, malpractice, incompetency, or serious
ignorance of or negligence in the practice of social work, or for
making use of fraud, deceit, or falsity to obtain a certificate of
registration.
Certificates of registration shall be revoked only after due
notice and hearing.
SECTION 22.
Reissue of revoked certificate and
replacement of lost certificates. The Board may, for reasons
of equity and justice, and upon proper application and

explanation therefor, issue another copy of the certificate upon

payment of ten pesos.

(b)
Any person presenting or attempting to use as his
own, the certificate of registration of another;

A new certificate of registration to replace any certificate lost,

destroyed, or mutilated may be issued subject to the rules of
the Board and upon payment of ten pesos.

(c)
Any person who shall give any false or fraudulent
evidence of any kind to the Board or any member thereof in
obtaining a certificate of registration as social worker;

ARTICLE IV

(d)
Any person who shall impersonate any registrant of
like or different name;

Registration of Social Work Agencies

SECTION 23.
Registration with the Social Welfare
Administration. No social work agency as defined herein
shall operate and be accredited as such unless it shall first
have registered with the Social Welfare Administration which
shall then issue the corresponding registration certificate:
Provided, That existing social work agencies at the time of
approval of this Act shall have a period of one year within
which to secure the corresponding certificate of registration.
Before any social work agency shall be duly registered, the
following requirements must have been complied with to the
satisfaction of the Social Welfare Administrator:
1.
That the applicant must be engaged mainly or
generally in social work activity;
2.
That the applicant has employed a sufficient number
of duly qualified and registered social workers to supervise and
take charge of its social work functions in accordance with
accepted social work standards;
3.
That the applicant must show in a duly certified
financial statement that at least sixty percent of its funds are
disbursed for direct social work services; and
4.
That the applicant keeps a social work record of all
cases and welfare activities handled by it.
SECTION 24.
Financial aid by government agency or
instrumentality. No government agency or instrumentality
shall give financial or other aid to any social work agency
unless that agency has been duly registered with the Social
Welfare Administration in accordance with the preceding
section. casia
SECTION 25.
Revocation of Certificate of Registration.
The Certificate of Registration issued to any social work
agency may be revoked if, after due investigation, the Social
Welfare Administration finds, that it has failed to perform the
function as social work agency, or it has violated existing laws,
rules and regulations.
ARTICLE V
Sundry Provisions Relative to the Practice of Social Work
SECTION 26.
Penal provisions. The following shall be
punished by a fine of not less than five hundred pesos nor
more than two thousand pesos, or imprisonment for not less
than one month nor more than two years, or both, in the
discretion of the court:
(a)
Any person who shall practice or offer to practice
social work in the Philippines without being registered or
exempted from registration in accordance with the provisions
of this Act;

(e)
Any person who shall attempt to use a revoked or
suspended certificate of registration;
(f)
Any person who shall in connection with his or her
name, otherwise assume, use, or advertise any title or
description tending to convey the impression that he or she is a
social worker without holding a valid registration;
(g)

Any person who shall violate any provision of this Act;

(h)
Any person, corporation or entity operating as a social
work agency without the corresponding Certificate of
Registration issued by the Social Welfare Administration.
cdasia
SECTION 27.
Separability clause. If any provision of this
Act or the application of such provision to any person or
circumstance is declared invalid, the remainder of the Act or
the application of such provision to other persons or
circumstances shall not be affected by such declaration.
SECTION 28.
Repealing clause. All Acts, executive
orders, rules or regulations or part thereof inconsistent with the
provisions of this Act are hereby repealed.
SECTION 29.
its approval.

Effectivity. This Act shall take effect upon

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 31, p. 5563 on
August 1, 1966

March 26, 1992

REPUBLIC ACT NO. 7305
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS
SECTION 1.
Title. This Act shall be known as the
"Magna Carta of Public Health Workers"
SECTION 2.
Declaration of Policy and Objective. The
State shall instill health consciousness among our people to
effectively carry out the health programs and projects of the
government essential for the growth and health of the nation.
Towards this end, this Act aims: (a) to promote and improve
the social and economic well-being of the health workers, their
living and working conditions and terms of employment; (b) to
develop their skills and capabilities in order that they will be
more responsive and better equipped to deliver health projects
and programs; and (c) to encourage those with proper
qualifications and excellent abilities to join and remain in
government service.
SECTION 3.
Definition. For purposes of this Act,
"health workers" shall mean all persons who are engaged in

health and health-related work, and all persons employed in all

hospitals, sanitaria, health infirmaries, health centers, rural
health units, barangay health stations, clinics and other healthrelated establishments owned and operated by the government
or its political subdivisions with original charters and shall
include medical, allied health professional, administrative and
support personnel employed regardless of their employment
status. cda
SECTION 4.
Recruitment and Qualification.
Recruitment policy and minimum requirements with respect to
the selection and appointment of a public health worker shall
be developed and implemented by the appropriate government
agencies concerned in accordance with policies and standards
of the Civil Service Commission: Provided, That in the absence
of appropriate eligibles and it becomes necessary in the public
interest to fill a vacancy, a temporary appointment shall be
issued to the person who meets all the requirements for the
position to which he/she is being appointed except the
appropriate civil service eligibility: Provided, further, That such
temporary appointment shall not exceed twelve (12) months
nor be less than three (3) months renewable thereafter but that
the appointee may be replaced sooner if (a) a qualified civil
service eligible becomes available, or (b) the appointee is
found wanting in performance or conduct befitting a
government employee.
SECTION 5.
Performance Evaluation and Merit
Promotion. The Secretary of Health, upon consultation with
the proper government agency concerned and the
Management-Health Workers' Consultative Councils, as
established under Section 33 of this Act, shall prepare a
uniform career and personnel development plan applicable to
all public health personnel. Such career and personnel
development plan shall include provisions on merit promotion,
performance evaluation, in-service training grants, job rotation,
suggestions and incentive award system. cd
The performance evaluation plan shall consider foremost the
improvement of individual employee efficiency and
organizational effectiveness: Provided, That each employee
shall be informed regularly by his/her supervisor of his/her
performance evaluation.
The merit promotion plan shall be in consonance with the rules
of the Civil Service Commission. cdt
SECTION 6.
Transfer of Geographical Reassignment of
Public Health Workers.
a)
a transfer is a movement from one position to another
which is of equivalent rank, level or salary without break in
service;
b)
a geographical reassignment, hereinafter referred to
as "reassignment" is a movement from one geographical
location to another; and aisa dc
c)
a public health worker shall not be transferred and/or
reassigned, except when made in the interest of public service,
in which case, the employee concerned shall be informed of
the reasons therefore in writing. If the public health worker
believes that there is no justification for the transfer and/or
reassignment, he/she may appeal his/her case to the Civil
Service Commission, which shall cause his/her transfer and/or
reassignment to be held in abeyance: Provided, That no

transfer and/or reassignment whatsoever shall be made three

(3) months before any local or national elections: Provided,
further, That the necessary expenses of the transfer and/or
reassignment of the public health worker and his/her
immediate family shall be paid for by the Government. acd
SECTION 7.
Married Public Health Workers. Whenever
possible, the proper authorities shall take steps to enable
married couples, both of whom are public health workers, to be
employed or assigned in the same municipality, but not in the
same office.
SECTION 8.
Security of Tenure. In case of regular
employment of public health workers, their services shall not
be terminated except for cause provided by law and after due
process: Provided, That if a public health worker is found by
the Civil Service Commission to be unjustly dismissed from
work, he/she shall be entitled to reinstatement without loss of
seniority rights and to his/her back wages with twelve percent
(12%) interest computed from the time his/her compensation
was withheld from his/her up to the time of reinstatement.
SECTION 9.
Discrimination Prohibited. A public health
worker shall not be discriminated against with regard to
gender, civil status, creed, religious or political beliefs and
ethnic groupings in the exercise of his/her profession.
SECTION 10.
No Understaffing/Overloading of Health Staff
. There shall be no understaffing or overloading of public
health workers. The ratio of health staff to patient load shall be
such as to reasonably effect a sustained delivery of quality
health care at all times without overworking the public health
workers and over extending his/her duty and service. Health
students and apprentices shall be allowed only for purposes of
training and education. aisa dc
In line with the above policy, substitute officers or employees
shall be provided in place of officers or employees who are on
leave for over three (3) months. Likewise, the Secretary of
Health or the proper government official shall assign a medicolegal officer in every province.
In places where there is no such medico-legal officer, rural
physicians who are required to render medico-legal services
shall be entitled to additional honorarium and allowances. cdt
SECTION 11.
Administrative Charges. Administrative
charges against a public health workers shall be heard by a
committee composed of the provincial health officer of the
province where the public health worker belongs, as
chairperson, a representative of any existing national or
provincial public health workers' organization or in its absence
its local counterpart and a supervisor of the district, the last two
(2) to be designated by the provincial health officer mentioned
above. The committee shall submit its findings and
recommendations to the Secretary of Health within thirty (30)
days from the termination of the hearings. Where the provincial
health officer is an interested party, all the members of the
committee shall be appointed by the Secretary of Health.
SECTION 12.
Safeguards in Disciplinary Procedures. In
every disciplinary proceeding, the public health worker shall
have:
a)

the right to be informed, in writing, of the charges;

b)

the right to full access to the evidence in the case;

c)
the right to defend himself/herself and to be defended
by a representative of his/her choice and/or by his/her
organization, adequate time being given to the public health
worker for the preparation of his/her defense; cda
d)
the right to confront witnesses presented against
him/her and summon witnesses in his/her behalf;
e)

the right to appeal to designated authorities;

f)
the right to reimbursement of reasonable expenses
incurred in his/her defense in case of exoneration or dismissal
of the charges; and
g)
such other rights as will ensure fairness and
impartiality during proceedings.
SECTION 13.
workers shall:

Duties and Obligations. The public health

a)
discharge his/her duty humanely with conscience and
dignity;
b)

perform his/her duty with utmost respect for life; and

c)
exercise his/her functions without consideration to
race, gender, religion, nationality, party politics, social standing
or capacity to pay.
SECTION 14.
Code of Conduct. Within six (6) months
from the approval of this Act, the Secretary of Health, upon
consultation with other appropriate agencies, professional and
health worker's organization, shall formulate and prepare a
Code of Conduct for Public Health Workers, which shall be
disseminated as widely as possible.
SECTION 15.
Normal Hours of Work. The normal hours
of work of any public health worker shall not exceed eight (8)
hours a day or forty (40) hours a week.
Hours worked shall include: a) all the time during which a
public health worker is required to be on active duty or to be at
a prescribed workplace; and b) all the time during which a
public health worker is suffered or permitted to work; Provided,
That, the time when a public health worker is placed on "On
Call" status shall not be considered as hours worked but shall
entitle the public health worker to an "On Call" pay equivalent
to fifty percent (50%) of his/her regular wage. "On Call" status
refers to a condition when public health workers are called
upon to respond to urgent or immediate need for
health/medical assistance or relief work during emergencies
such that he/shall devote the time for his/her own use. casia
SECTION 16.
Overtime Work. Where the exigencies of
the service so require, any public health worker may be
required to render service beyond the normal eight (8) hours a
day. In such a case, the workers shall be paid an additional
compensation in accordance with existing laws and prevailing
practices.
SECTION 17.
Work During Rest Day. a) Where a public
health worker is made to work on his/her scheduled rest day,
he/she shall be paid an additional compensation in accordance
with existing laws. casia
b)
Where a public health worker is made to work on any
special holiday he/she shall be paid an additional
compensation in accordance with existing laws. Where such

holiday work falls on the worker's scheduled rest day, he/she

shall be entitled to an additional compensation as may be
provided by existing laws.
SECTION 18.
Night-Shift Differential. a) Every public
health worker shall be paid a night-shift differential of ten
percent (10%) of his/her regular wage for each hour of work
performed during the night-shifts customarily adopted by
hospitals.
b)
Every health worker required to work on the period
covered after his/her regular schedule shall be entitled to
his/her regular wage plus the regular overtime rate and an
additional amount of ten percent (10%) of such overtime rate
for each hour of work performed between ten (10) o'clock in
the evening to six (6) o'clock in the morning. aisa dc
SECTION 19.
Salaries. In the determination of the
salary scale of public health workers, the provisions of
Republic Act No. 6758 shall govern, except that the benchmark
for Rural Health Physicians shall be upgraded to Grade 24.
a)
Salary Scale Salary scales of public health workers
shall be provided progression: Provided, That the progression
from the minimum to maximum of the salary scale shall not
extend over a period of ten (10) years: Provided, further, That
the efficiency rating of the public health worker concerned is at
least satisfactory.
b)
Equality in Salary Scale The salary scales of public
health workers whose salaries are appropriated by a city,
municipality, district, or provincial government shall not be less
than those provided for public health workers of the national
government: Provided, That the national government shall
subsidize the amount necessary to pay the difference between
that received by nationality-paid and locally-paid health
workers of equivalent positions.
c)
Salaries to be Paid in Legal Tender Salaries of
public health workers shall be paid in legal tender of the
Philippines or the equivalent in checks or treasury warrants:
Provided, however, That such checks or treasury warrants
shall be convertible to cash in any national, provincial, city or
municipal treasurers' office or any banking institution operating
under the laws of the Republic of the Philippines.
d)
Deductions Prohibited No person shall make any
deduction whatsoever from the salaries of public health
workers except under specific provision of law authorizing such
deductions: Provided, however, That upon written authority
executed by the public health worker concerned, a) lawful dues
or fees owing to any organization/association where such
public health worker is an officer or member; and b) premiums
properly due all insurance policies, retirement and medicare
shall be considered deductible. cdt
SECTION 20.
Additional Compensation.
Notwithstanding Section 12 of Republic Act No. 6758, public
health workers shall receive the following allowances: hazard
allowance, subsistence allowance, longevity pay, laundry
allowance and remote assignment allowance.
SECTION 21.
Hazard Allowance. Public health workers
in hospitals, sanitaria, rural health units, main health centers,
health infirmaries, barangay health stations, clinics and other
health-related establishments located in difficult areas, strifetorn or embattled areas, distressed or isolated stations, prison

camps, mental hospitals, radiation-exposed clinics,

laboratories or disease-infested areas or in areas declared
under state of calamity or emergency for the duration thereof
which expose them to great danger, contagion, radiation,
volcanic activity/eruption, occupational risks or perils to life as
determined by the Secretary of Health or the Head of the unit
with the approval of the Secretary of Health, shall be
compensated hazard allowances equivalent to at least twentyfive percent (25%) of the monthly basic salary of health
workers receiving salary grade 19 and below, and five percent
(5%) for health workers with salary grade 20 and above.
SECTION 22.
Subsistence Allowance. Public health
workers who are required to render service within the premises
of hospitals, sanitaria, health infirmaries, main health centers,
rural health units and barangay health stations, or clinics, and
other health-related establishments in order to make their
services available at any and all times, shall be entitled to full
subsistence allowance of three (3) meals which may be
computed in accordance with prevailing circumstances as
determined by the Secretary of Health in consultation with the
Management-Health Worker's Consultative Councils, as
established under Section 33 of this Act: Provided, That
representation and travel allowance shall be given to rural
health physicians as enjoyed by municipal agriculturists,
municipal planning and development officers and budget
officers. cd
SECTION 23.
Longevity Pay. A monthly longevity pay
equivalent to five percent (5%) of the monthly basic pay shall
be paid to a health worker for every five (5) years of
continuous, efficient and meritorious services rendered as
certified by the chief of office concerned, commencing with the
service after the approval of this Act.
SECTION 24.
Laundry Allowance. All public health
workers who are required to wear uniforms regularly shall be
entitled to laundry allowance equivalent to One hundred
twenty-five pesos (P125.00) per month: Provided, That this
rate shall be reviewed periodically and increased accordingly
by the Secretary of Health in consultation with the appropriate
government agencies concerned taking into account existing
laws and prevailing practices.
SECTION 25.
Remote Assignment Allowance. Doctors,
dentists, nurses, and midwives who accept assignments as
such in remote areas or isolated stations, which for reasons of
far distance or hard accessibility, such positions had not been
filled for the last two (2) years prior to the approval of this Act,
shall be entitled to an incentive bonus in the form of remote
assignment allowance equivalent to fifty percent (50%) of their
basic pay, and shall be entitled to reimbursement of the cost of
reasonable transportation to and from such remote post or
station, upon assuming or leaving such position and during
official trips.
In addition to the above, such doctors, dentists, nurses, and
midwives mentioned in the preceding paragraph shall be given
priority in promotion or assignment to better areas. Their tour
of duties in the remote areas shall not exceed two (2) years,
except when there are no positions for their transfer or they
prefer to stay in such posts in excess of two (2) years.
SECTION 26.
Housing. All public health workers who
are on tour of duty and those who, because of unavoidable
circumstances are forced to stay in the hospital, sanitaria or

health infirmary premises, shall be entitled to free living

quarters within the hospital, sanitarium or health infirmary or if
such quarters are not available, shall receive quarters
allowance as may be determined by the Secretary of Health
and other appropriate government agencies concerned:
Provided, That this rate shall be reviewed periodically and
increased accordingly by the Secretary of Health in
consultation with the appropriate government agencies
concerned. cda
For purposes of this Section, the Department of Health is
authorized to develop housing projects in its own lands, not
otherwise devoted for other uses, for public health workers in
coordination with appropriate government agencies.
SECTION 27.
Medical Examination. Compulsory
medical examination shall be provided free of charge to all
public health workers before entering the service in the
Government or its subdivisions and shall be repeated once a
year during the tenure of employment of all public health
workers: Provided, That where medical examination shows
that medical treatment and/or hospitalization is necessary for
those already in government service, the treatment and/or
hospitalization including medicines shall be provided free either
in a government or a private hospital by the government entity
paying the salary of the public health worker: Provided, further,
That the cost of such medical examination and treatment shall
be included as automatic appropriation in said entity's annual
budget.
SECTION 28.
Compensation for Injuries. Public health
workers shall be protected against the consequences of
employment injuries in accordance with existing laws. Injuries
incurred while doing overtime work shall be presumed workconnected.
SECTION 29.
Leave Benefits for Public Health Workers.
Public health workers are entitled to such vacation and sick
leaves as provided by existing laws and prevailing practices:
Provided, That in addition to the leave privilege now enjoyed
by public health workers, women health workers are entitled to
such maternity leaves provided by existing laws and prevailing
practices: Provided, further, That upon separation of the public
health workers from service, they shall be entitled to all
accumulated leave credits with pay. cda
SECTION 30.
Highest Basic Salary Upon Retirement.
Three (3) months prior to the compulsory retirement, the public
health worker shall automatically be granted one (1) salary
range or grade higher than his/her basic salary and his/her
retirement benefit thereafter, computed on the basis of his/her
highest salary: Provided, That he/she has reached the age and
fulfilled service requirements under existing laws.
SECTION 31.
Right to Self-Organization. Public health
workers shall have the right to freely form, join or assist
organizations or unions for purposes not contrary to law in
order to defend and protect their mutual interests and to obtain
redress of their grievances through peaceful concerted
activities.
However, while the State recognizes the right of public health
workers to organize or join such organizations, public health
workers on-duty cannot declare, stage or join any strike or
cessation of their service to patients in the interest of public
health, safety or survival of patients.

SECTION 32.
Freedom from Interference or Coercion. It
shall be unlawful for any person to commit any of the following
acts of interference or coercion:

disparity vis-a-vis other professions such that positions

requiring longer study be upgraded and given corresponding
pay scale; and

a)
to require as a condition of employment that a public
health worker shall not join a health workers' organization or
union or shall relinquish membership therein;

g)
assessment of the national policy on exportation of
skilled health human resource to focus on how these resources
could instead be utilized productively for the country's needs.

b)
to discriminate in regard to hiring or tenure of
employment or any item or condition of employment in order to
encourage or discourage membership in any health workers'
organization or union; casia

There is hereby created a Congressional Commission on

Health (HEALTHCOM) to review and assess health human
resource development, particularly on continuing professional
education and training and the other areas described above.
The Commission shall be composed of five (5) members of the
House of Representatives and five (5) members of the Senate.
It shall be co-chaired by the chairpersons of the Committee on
Health of both houses. It shall render a report and
recommendation to Congress which shall be the basis for
policy legislation in the field of health. Such a congressional
review shall be undertaken once every five (5) years.

c)
to prevent a health worker from carrying out duties
laid upon him/her by his/her position in the organization or
union, or to penalize him/her for the action undertaken in such
capacity: cda
d)
to harass or interfere with the discharge of the
functions of the health worker when these are calculated to
intimidate or to prevent the performance of his/her duties and
responsibilities; and
e)
to otherwise interfere in the establishment,
functioning, or administration of health worker's organizations
or unions through acts designed to place such organizations or
unions under the control of government authority.
SECTION 33.
Consultation With Health Workers'
Organizations. In the formulation of national policies
governing the social security of public health workers,
professional and health workers' organizations or unions as
well as other appropriate government agencies concerned
shall be consulted by the Secretary of Health. For this purpose,
management-health workers' consultative councils for national,
regional and other appropriate levels shall be established and
operationalized.
SECTION 34.
Health Human Resource
Development/Management Study. The Department of
Health shall conduct a periodic health human resource
development/management study into, among others, the
following areas:
a)
adequacy of facilities and supplies to render quality
health care to patients and other client population:
b)
opportunity for health workers to grow and develop
their potentials and experience a sense of worth and dignity in
their work. Public health workers who undertake postgraduate
studies in a degree course shall be entitled to an upgrading in
their position or raise in pay: Provided, That it shall not be
more often than every two (2) years; cdasia
c)
mechanisms for democratic consultation in
government health institutions;
d)
staffing patterns and standards of health care to
ensure that the people receive quality care. Existing
recommendations on staffing and standards of health care
shall be immediately and strictly enforced;
e)
ways and means of enabling the rank-and-file workers
to avail of educational opportunities for personal growth and
development;
f)
upgrading of working conditions, reclassification of
positions and salaries of public health workers to correct

SECTION 35.
Rules and Regulations. The Secretary of
Health after consultation with appropriate agencies of the
government as well as professional and health workers'
organizations or unions, shall formulate and prepare the
necessary rules and regulations to implement the provisions of
this Act. Rules and regulations issued pursuant to this Section
shall take effect thirty (30) days after publication in a
newspaper of general circulation. cdasia
SECTION 36.
Prohibition Against Double Recovery of
Benefits. Whenever other laws provide for the same
benefits covered by this Act, the public health worker shall
have the option to choose which benefits will be paid to
him/her. However, in the event that the benefits chosen are
less than that provided under this Act, the worker shall be paid
only the difference.
SECTION 37.
Prohibition Against Elimination and/or
Diminution. Nothing in this law shall be construed to
eliminate or in any way diminish benefits being enjoyed by
public health workers at the time of the effectivity of this Act.
SECTION 38.
Budgetary Estimates. The Secretary of
Health shall submit annually the necessary budgetary
estimates to implement the provisions of this Act in staggered
basis of implementation of the proposed benefits until the total
of Nine hundred forty-six million six hundred sixty-four
thousand pesos (P946,664,000.00) is attained within five (5)
years.
Budgetary estimates for the succeeding years should be
reviewed and increased accordingly by the Secretary of Health
in consultation with the Department of Budget and
Management and the Congressional Commission on Health
(HEALTHCOM).
SECTION 39.
Penal Provision. Any person who shall
willfully interfere with, restrain or coerce any public health
worker in the exercise of his/her rights or shall in any manner
commit any act in violation of any of the provisions of this Act,
upon conviction, shall be punished by a fine of not less than
Twenty thousand pesos (P20,000.00) but not more than Forty
thousand pesos (P40,000.00) or imprisonment of not more
than one (1) year or both at the discretion of the court. cdtai

If the offender is a public official, the court, in addition to the

penalties provided in the preceding paragraph, may impose the
additional penalty of disqualification from office.
SECTION 40.
Separability Clause. If any provision of
this Act is declared invalid, the remainder of this Act or any
provision not affected thereby shall remain in force and effect.
SECTION 41.
Repealing Clause. All laws, presidential
decrees, executive orders and their implementing rules and
regulations inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.
SECTION 42.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation. casia
Approved: March 26, 1992
Published in the Philippine Times Journal and Malaya on April
2, 1992. Published in the Official Gazette, Vol. 88 No. 19 page
2769 on May 11, 1992.

February 20, 1995

REPUBLIC ACT NO. 7883
AN ACT CREATING BENEFITS AND INCENTIVES TO
ACCREDITED BARANGAY HEALTH WORKERS AND FOR
OTHER PURPOSES
SECTION 1.
Short Title. This Act shall be known as the
"Barangay Health Workers' Benefits and Incentives Act of
1995."
SECTION 2.
Statement of Policy. The State shall
protect and promote the right to health of the people and to
provide conditions for health empowerment, where each
individual has access to information and services that will bring
about health and well-being. The Primary Health Care
Approach is recognized as the major strategy towards health
empowerment, emphasizing the need to provide accessible
and acceptable health services through participatory strategies
such as health education, training of barangay health workers,
community building and organizing. Towards this end, this Act
shall provide incentives to communities and act as frontliners in
the Primary Health Care Approach. cdtai
The government and all its instrumentalities shall also
recognize the rights of barangay health workers to organize
themselves; to strengthen and systematize their services for
their community; and to make a venue for sharing their
experiences and recommending policies and guidelines for the
promotion, maintenance and advancement of their activities
and services.
SECTION 3.
Definition. The term "barangay health
worker" refers to a person who has undergone training
programs under any accredited government and nongovernment organization and who voluntarily renders primary
health care services in the community after having been
accredited to function as such by the local health board in
accordance with the guidelines promulgated by the
Department of Health (DOH).

SECTION 4.
Registration. In order for barangay health
workers to be entitled to benefits and incentives provided
under this Act, they shall register with the local health board in
the city or municipality in which they render service. The local
health board, through the provincial health boards in the case
of municipalities, shall furnish a copy of such registry to the
DOH, which is hereby mandated to maintain a national register
of barangay health workers. The accredited health workers
shall be given appropriate proof of said accreditation.
SECTION 5.
Number of Barangay Health Workers. The
DOH shall determine the ideal ratio of barangay health workers
to the number of households: Provided, That the total number
of barangay health workers nationwide shall not exceed one
percent (1%) of the total population. casia
SECTION 6.
Incentives and Benefits. In recognition of
their services, all accredited barangay health workers who are
actively and regularly performing their duties shall be entitled to
the following incentives and benefits:
a)
Hazard Allowance. Volunteer barangay health
workers in rural and urban areas, exposed to situations,
conditions, or factors in the work environment or place where
foreseeable but unavoidable danger or risks exist which
adversely endanger his health or life and/or increase the risk of
producing adverse effect on his person in the exercise of his
duties, to be validated by the proper authorities, shall be
entitled to hazard allowance in an amount to be determined by
the local health board and the local peace and order council of
the local government unit concerned.
b)
Subsistence Allowance. Barangay health workers
who rendered service within the premises of isolated barangay
health stations in order to make their services within the
premises available at any and all times, shall be entitled to
subsistence allowance equivalent to the meals they take in the
course of their duty, which shall be computed in accordance
with prevailing circumstances as determined by the local
government unit concerned. cdtai
c)
Training, Education and Career Enrichment
Programs. The DOH, in accordance with the Department of
Education, Culture and Sports and other concerned
government agencies and non-government organizations, shall
provide opportunities for the following:
1)
educational programs which shall recognize years of
primary health care service as credits to higher education in
institutions with stepladder curricula that will entitle barangay
health workers to upgrade their skills and knowledge for
community work or to pursue further training as midwives,
pharmacists, nurses or doctors;
2)
continuing education, study and exposure tours,
training, grants, field immersion, scholarships, etc.;
3)
scholarship benefits in the form of tuition fees in state
colleges, to be granted to one child of every barangay health
worker who will not be able to take advantage of the above
programs; and
4)
special training programs such as those on traditional
medicine, disaster preparedness and other programs that
address emergent community health problems and issues.
casia

d)
Civil Service Eligibility. A second grade eligibility
shall be granted to barangay health workers who have
rendered five (5) years continuous service as such: Provided,
That should the barangay health worker become a regular
employee of the government, the total number of years served
as barangay health worker shall be credited to his/her service
in computing retirement benefits.
e)
Free Legal Services. Legal representation and
consultation services for barangay health workers shall be
immediately provided by the Public Attorneys Office in cases of
coercion, interference, and in other civil and criminal cases
filed by or against barangay health workers arising out of or in
connection with the performance of their duties as such.
f)
Preferential Access to Loans. The DOH in
coordination with other concerned government agencies shall
provide, within one hundred eighty (180) days after the
effectivity of this Act, a mechanism for access to loan services
by organized barangay health workers. The agencies
providing loan services will set aside one percent (1%) of their
loanable funds for organized barangay health worker groups
that have community-based income generating projects in
support of health programs or activities. aisa dc
SECTION 7.
Review by the Local Health Board. Every
incentive or benefit for barangay health workers requiring the
expenditure of local funds shall be reviewed and approved by
the local health board to ensure that only the deserving
barangay health workers get the same.
SECTION 8.
Rules and Regulations. The Department
of Health, in cooperation with the Department of Education,
Culture and Sports, the Department of the Interior and Local
Government, the Department of Justice, the Civil Service
Commission and other concerned government agencies and
non-government organizations, shall formulate within one
hundred eighty (180) days from its effectivity, the rules and
regulations necessary to implement this Act.
SECTION 9.
Separability Clause. If any provision of
this Act is declared invalid, the remainder or any provision
hereof not affected thereby shall remain in force and effect.
SECTION 10.
Repealing Clause. All laws, decrees,
executive orders and other presidential issuances which are
inconsistent with this Act are hereby repealed, amended or
modified accordingly. cdasia
SECTION 11.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation.
Approved: February 20, 1995
Published in the Philippine Times Journal and Malaya on
February 25, 1995.

less serious physical injuries as defined in Articles 262, 263,

264 and 265 of the Revised Penal Code to the nearest
Philippine Constabulary unit either personally or by the fastest
means possible, under pain of penal and administrative
sanctions; cda
WHEREAS, the said requirement was imposed during martial
law to enable law enforcement agencies to keep track of all
violent crimes, conduct timely investigation thereon and effect
the immediate arrest of the perpetrators thereof;
WHEREAS, Presidential Decree No. 169, being premised on
the existence of martial law, must yield to the people's
mandate to restore democracy and to maintain the supremacy
of civilian authority over the military;
WHEREAS, the duty to maintain peace and order in the
community principally belongs to the law enforcement
agencies, and although the cooperation of the citizenry,
particularly the medical practitioners, may be enlisted for the
common good, it would encroach upon their freedoms to
compel them, under pain of penal and administrative
sanctions, to make certain reports to the Philippine
Constabulary, an entity that has no functional or administrative
control or supervision or even regulatory powers over them;
WHEREAS, a requirement to report such treatment, but to
civilian authorities, is needed to keep track of violent crimes;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of
the Philippines, do hereby order:
SECTION 1.
Presidential Decree No. 169, dated April 4,
1973, is hereby amended as follows:
"SEC. 1. The attending physician of any hospital, medical
clinic, sanitarium or other medical establishments, or any other
medical practitioner, who has treated any person for serious or
less serious physical injuries as these injuries are defined in
Articles 262, 263, 264 and 265 of the Revised Penal Code
shall report the fact of such treatment promptly to the nearest
government health authority: Provided, That no fee shall be
charged for the transmission of such report through
government communication facilities: Provided, further, That
records of the reports kept by said health authorities shall,
upon written request, be made available to law enforcement
agencies.
"SEC. 2. The report called for in this Decree shall indicate,
when practicable, the following: cdasia
a)

b)
the name and address of the nearest of kin of the
patient;
c)
the name and address of the person who brought the
patient for medical treatment;
d)

July 10, 1987

the name, age and address of the patient;

the nature and probable cause of the patient's injury;

EXECUTIVE ORDER NO. 212

e)
the approximate time and date when the injury was
sustained;

AMENDING PRESIDENTIAL DECREE NO. 169

f)

the place where the injury was sustained;

WHEREAS, Presidential Decree No. 169 requires medical

practitioners to report the treatment of patients for serious and

g)

the time, date and nature of the treatment; and

h)
the diagnosis, the prognosis and/or disposition of the
patient.

SECTION 3.
Objectives. The objectives of the National
Newborn Screening System are:

"SEC. 3. The Secretary of Health, in consultation with the

Philippine Constabulary, shall promulgate the rules and
regulations necessary to carry out the purposes of this Act.

1)
To ensure that every newborn has access to newborn
screening for certain heritable conditions that can result in
mental retardation, serious health complications or death if left
undetected and untreated;

"SEC. 4. Any violation of this Act or of the aforesaid rules and

regulations issued by the Secretary of Health, in consultations
with the Philippine Constabulary, shall be punished
administratively with a fine that shall not be less than One
Hundred Pesos (P100.00) nor more than Five Hundred Pesos
(P500.00). In addition, the license or permit of the attending
physician shall be cancelled upon the third violations of this Act
or of its implementing rules and regulations.

2)
To establish and integrate a sustainable newborn
screening system with the public health delivery system;
3)
To ensure that all health practitioners are aware of the
advantages of newborn screening and of their respective
responsibilities in offering newborns the opportunity to undergo
newborn screening; and

The Board of Medicine shall have the original and exclusive

jurisdiction to investigate, hear and decide, upon due notice, all
cases of violations of this Act or of its implementing rules and
regulations, subject to review by the Professional Regulation
Commission when seasonably appealed thereto."

4)
To ensure that parents recognize their responsibility
in promoting their child's right to health and full development,
within the context of responsible parenthood, by protecting
their child from preventable causes of disability and death
through newborn screening.

SECTION 2.
All laws, decrees, proclamations and
instructions or parts thereof inconsistent herewith are hereby
repealed or modified accordingly. cd i

ARTICLE 2

SECTION 3.
immediately.

This Executive Order shall take effect

DONE in the City of Manila, this 10th day of July, in the year of
Our Lord, Nineteen Hundred and Eighty-Seven.
Published in the Official Gazette, Vol. 83 No. 28, 3220-C
Supp., on July 13, 1987.

April 7, 2004
REPUBLIC ACT NO. 9288
AN ACT PROMULGATING A COMPREHENSIVE POLICY
AND A NATIONAL SYSTEM FOR ENSURING NEWBORN
SCREENING

Definition of Terms
SECTION 4.
Definitions. Under this Act, the following
terms shall have the meanings respectively given to them
below:
1)
Comprehensive Newborn Screening System means a
newborn screening system that includes, but is not limited to,
education of relevant stakeholders; collection and biochemical
screening of blood samples taken from newborns; tracking and
confirmatory testing to ensure the accuracy of screening
results; clinical evaluation and biochemical/medical
confirmation of test results; drugs and medical/surgical
management and dietary supplementation to address the
heritable conditions; and evaluation activities to assess long
term outcome, patient compliance and quality assurance.
cSaCDT
2)
Follow-up means the monitoring of a newborn with a
heritable condition for the purpose of ensuring that the
newborn patient complies fully with the medicine or dietary
prescriptions.

ARTICLE 1
General Provisions
SECTION 1.
Short Title. This Act shall be known as the
"Newborn Screening Act of 2004."
SECTION 2.
Declaration of Policy. It is the policy of the
State to protect and promote the right to health of the people,
including the rights of children to survival and full and healthy
development as normal individuals. In pursuit of such policy,
the State shall institutionalize a national newborn screening
system that is comprehensive, integrative and sustainable, and
will facilitate collaboration among government and nongovernment agencies at the national and local levels, the
private sector, families and communities, professional health
organizations, academic institutions, and non-governmental
organizations. The National Newborn Screening System shall
ensure that every baby born in the Philippines is offered the
opportunity to undergo newborn screening and thus be spared
from heritable conditions that can lead to mental retardation
and death if undetected and untreated. EATcHD

3)
Health institutions mean hospitals, health infirmaries,
health centers, lying-in centers or puericulture centers with
obstetrical and pediatric services, whether public or private.
CDTAbench
4)
Healthcare practitioner means physicians, nurses,
midwives, nursing aides and traditional birth attendants.
5)
Heritable condition means any conditions that can
result in mental retardation, physical deformity or death if left
undetected and untreated and which is usually inherited from
the genes of either or both biological parents of the newborn.
6)

NIH means the National Institute of Health.

7)
Newborn means a child from the time of complete
delivery to 30 days old.
8)
Newborn Screening means the process of collecting a
few drops of blood from the newborn onto an appropriate

collection card and performing biochemical testing for

determining if the newborn has a heritable condition.
9)
Newborn Screening Center means a facility equipped
with a newborn screening laboratory that complies with the
standards established by the NIH and provides all required
laboratory tests and recall/follow-up programs for newborns
with heritable conditions.
10)
Newborn Screening Reference Center means the
central facility at the NIH that defines testing and follow-up
protocols, maintains an external laboratory proficiency testing
program, oversees the national testing database and case
registries, assists in training activities in all aspects of the
program, oversees content of educational materials and acts
as the Secretariat of the Advisory Committee on Newborn
Screening.
11)
Parent education means the various means of
providing parents or legal guardians information about
newborn screening.
12)
Recall means a procedure for locating a newborn with
a possible heritable condition for purposes of providing the
newborn with appropriate laboratory testing to confirm the
diagnosis and, as appropriate, provide treatment.
13)
Treatment means the provision of prompt, appropriate
and adequate medicine, medical and surgical management or
dietary prescription to a newborn for purposes of treating or
mitigating the adverse health consequences of the heritable
condition.
ARTICLE 3
Newborn Screening
SECTION 5.
Obligation to Inform. Any health
practitioner who delivers, or assists in the delivery, of a
newborn in the Philippines shall, prior to delivery, inform the
parents or legal guardian of the newborn of the availability,
nature and benefits of newborn screening. Appropriate
notification and education regarding this obligation shall be the
responsibility of the Department of Health (DOH).
SECTION 6.
Performance of Newborn Screening.
Newborn screening shall be performed after twenty-four (24)
hours of life but not later than three (3) days from complete
delivery of the newborn. A newborn that must be placed in
intensive care in order to ensure survival may be exempted
from the 3-day requirement but must be tested by seven (7)
days of age. It shall be the joint responsibility of the parent(s)
and the practitioner or other person delivering the newborn to
ensure that newborn screening is performed. An appropriate
informational brochure for parents to assist in fulfilling this
responsibility shall be made available by the Department of
Health and shall be distributed to all health institutions and
made available to any health practitioner requesting it for
appropriate distribution.
SECTION 7.
Refusal to be Tested. A parent or legal
guardian may refuse testing on the grounds of religious beliefs,
but shall acknowledge in writing their understanding that
refusal for testing places their newborn at risk for undiagnosed
heritable conditions. A copy of this refusal documentation shall
be made part of the newborn's medical record and refusal shall
be indicated in the national newborn screening database.

SECTION 8.
Continuing Education, Re-education and
Training of Health Personnel. The DOH, with the assistance
of the NIH and other government agencies, professional
societies and non-government organizations shall: (i) conduct
continuing information, education, re-education and training
programs for health personnel on the rationale, benefits,
procedures of newborn screening; and (ii) disseminate
information materials on newborn screening at least annually
to all health personnel involved in maternal and pediatric care.
SECTION 9.
Licensing and Accreditation. The DOH
and the Philippine Health Insurance Corporation (PHIC) shall
require health institutions to provide newborn screening
services as a condition for licensure or accreditation.
ARTICLE 4
Implementation
SECTION 10.
Lead Agency. The DOH shall be the lead
agency in implementing this Act. For purposes of achieving the
objectives of this Act, the DOH shall:
1)
Establish the Advisory Committee on Newborn
Screening;
2)
Develop the implementing rules and regulations for
the immediate implementation of a nationwide newborn
screening program within one hundred eighty (180) days from
the enactment of this Act;
3)
Coordinate with the Department of the Interior and
Local Government (DILG) for implementation of the newborn
screening program;
4)
Coordinate with the NIH Newborn Screening
Reference Center for the accreditation of Newborn Screening
Centers and preparation of defined testing protocols and
quality assurance programs.
SECTION 11.
Advisory Committee on Newborn Screening.
To ensure sustained inter-agency collaboration, the
Advisory Committee on Newborn Screening is hereby created
and made an integral part of the Office of the Secretary of the
DOH. The Committee shall review annually and recommend
conditions to be included in the newborn screening panel of
disorders; review and recommend the newborn screening fee
to be charged by Newborn Screening Centers; review the
report of the Newborn Screening Reference Center on the
quality assurance of the Newborn Screening Centers and
recommend corrective measures as deemed necessary.
The Committee shall be composed of eight (8) members,
including the Secretary of Health who shall act as Chairperson.
The other members of the Committee shall be as follows: (i)
the Executive Director of the NIH, who shall act as Vice
Chairperson; (ii) an Undersecretary of the DILG; (iii) the
Executive Director of the Council for the Welfare of Children;
(iv) the Director of the Newborn Screening Reference Center;
and (v) three (3) representatives appointed by the Secretary of
Health who shall be a pediatrician, obstetrician,
endocrinologist, family physician, nurse or midwife, from either
the public or private sector. The three (3) representatives shall
be appointed for a term of three (3) years, subject to their
being reappointed for additional three (3)-year periods for each
extension.

The Committee shall meet at least twice a year. The NIH shall
serve as the Secretariat of the Committee.
SECTION 12.
Establishment and Accreditation of Newborn
Screening Centers. The DOH shall ensure that Newborn
Screening Centers are strategically located in order to be
accessible to the relevant public and provide services that
comply with the standards approved by the Committee upon
the recommendation of the NIH. No Newborn Screening
Center shall be allowed to operate unless it has been duly
accredited by the DOH based on the standards set forth by the
Committee. At a minimum, every Newborn Screening Center
shall: (i) have a certified laboratory performing all tests
included in the newborn screening program, (ii) have a
recall/follow up programs for infants found positive of any and
all of the heritable conditions; (iii) be supervised and staffed by
trained personnel who have been duly qualified by the NIH;
and (iv) submit to periodic announced or unannounced
inspections by the Reference Center in order to evaluate and
ensure quality Newborn Screening Center performance.
SECTION 13.
Establishment of a Newborn Screening
Reference Center. The NIH shall establish a Newborn
Screening Reference Center, which shall be responsible for
the national testing database and case registries, training,
technical assistance and continuing education for laboratory
staff in all Newborn Screening Centers.
SECTION 14.
Quality Assurance. The NIH Newborn
Screening Reference Center shall be responsible for drafting
and ensuring good laboratory practice standards for newborn
screening centers, including establishing an external laboratory
proficiency testing and certification program. It shall also act as
the principal repository of technical information relating to
newborn screening standards and practices, and shall provide
technical assistance to newborn screening centers needing
such assistance.
SECTION 15.
Database. All Newborn Screening
Centers shall coordinate with the NIH Newborn Screening
Reference Center for consolidation of patient databases. The
NIH Newborn Screening Reference Center shall maintain a
national database of patients tested and a registry for each
condition. It shall submit reports annually to the Committee and
to the DOH on the status of and relevant health information
derived from the database. A plan for long-term outcome
evaluation of newborn screening utilizing the case registries
shall be developed within one (1) year of passage of this Act
by the NIH Newborn Screening Reference Center in
consultation with the Advisory Committee on Newborn
Screening. Implementation of this plan shall become a
responsibility of the Advisory Committee of Newborn
Screening.
SECTION 16.
Newborn Screening Fees. The PHIC shall
include cost of newborn screening in its benefits package. The
newborn screening fee shall be applied to, among others,
testing costs, education, sample transport, follow-up and
reasonable overhead expenses.
To ensure sustainability of the National System for Newborn
Screening, the newborn screening fee shall be divided and set
aside for the following purposes: at least four percent (4%) to
the DOH's Centers for Health Development or its future
equivalent to be spent solely for follow-up services, education
and other activities directly related to the provision of newborn

screening services; at least four percent (4%) to the Newborn

Screening Centers for human resource development and
equipment maintenance and upgrading; at least four percent
(4%) to the NIH Newborn Screening Reference Center for
overall supervision, training and continuing education,
maintenance of national database, quality assurance program
and monitoring of the national program; and the balance for the
operational and other expenses of the Newborn Screening
Center. IaAHCE
ARTICLE 5
Final Provisions
SECTION 17.
Repealing Clause. All general and special
laws, decrees, executive orders, proclamations and
administrative regulations, or any parts thereof, which are
inconsistent with this Act are hereby repealed or modified
accordingly.
SECTION 18.
Separability. If, for any reason or reasons,
any part of provisions of this Act shall be declared or held to be
unconstitutional or invalid, other provision or provisions hereof
which are not affected thereby shall continue to be in full force
and effect.
SECTION 19.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of
general circulation.
Approved: April 7, 2004
Published in Malaya and the Daily Tribune on April 23, 2004
and the Philippine Daily Inquirer on April 25, 2004.

February 13, 1998

REPUBLIC ACT NO. 8504
AN ACT PROMULGATING POLICIES AND PRESCRIBING
MEASURES FOR THE PREVENTION AND CONTROL OF
HIV/AIDS IN THE PHILIPPINES, INSTITUTING A
NATIONWIDE HIV/AIDS INFORMATION AND
EDUCATIONAL PROGRAM, ESTABLISHING A
COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS
COUNCIL, AND FOR OTHER PURPOSES
SECTION 1.
Title. This Act shall be known as the
"Philippine AIDS Prevention and Control Act of 1998."
SECTION 2.
Declaration of Policies. Acquired Immune
Deficiency Syndrome (AIDS) is a disease that recognizes no
territorial, social, political and economic boundaries for which
there is no known cure. The gravity of the AIDS threat
demands strong State action today, thus:
(a)
The State shall promote public awareness about the
causes, modes of transmission, consequences, means of
prevention and control of HIV/AIDS through a comprehensive
nationwide educational and information campaign organized
and conducted by the State. Such campaigns shall promote
value formation and employ scientifically proven approaches,
focus on the family as a basic social unit, and be carried out in

all schools and training centers, workplaces, and communities.

This program shall involve affected individuals and groups,
including people living with HIV/AIDS.
(b)
The State shall extend to every person suspected or
known to be infected with HIV/AIDS full protection of his/her
human rights and civil liberties. Towards this end,
(1)
compulsory HIV testing shall be considered unlawful
unless otherwise provided in this Act;
(2)
the right to privacy of individuals with HIV shall be
guaranteed;
(3)
discrimination, in all its forms and subtleties, against
individuals with HIV or persons perceived or suspected of
having HIV shall be considered inimical to individual and
national interest; and
(4)
provision of basic health and social services for
individuals with HIV shall be assured.
(c)
The State shall promote utmost safety and universal
precautions in practices and procedures that carry the risk of
HIV transmission.
(d)
The State shall positively address and seek to
eradicate conditions that aggravate the spread of HIV infection,
including but not limited to, poverty, gender inequality,
prostitution, marginalization, drug abuse and ignorance.
(e)
The State shall recognize the potential role of affected
individuals in propagating vital information and educational
messages about HIV/AIDS and shall utilize their experience to
warn the public about the disease.
SECTION 3.
Definition of Terms. As used in this Act,
the following terms are defined as follows:
(a)
"Acquired Immune Deficiency Syndrome (AIDS)" a
condition characterized by a combination of signs and
symptoms, caused by HIV contracted from another person and
which attacks and weakens the body's immune system,
making the afflicted individual susceptible to other lifethreatening infections.
(b)
"Anonymous Testing" refers to an HIV testing
procedure whereby the individual being tested does not reveal
his/her true identity. An identifying number or symbol is used to
substitute for the name and allows the laboratory conducting
the test and the person on whom the test is conducted to
match the test results with the identifying number or symbol.
(c)
"Compulsory HIV Testing" refers to HIV testing
imposed upon a person attended or characterized by the lack
of or vitiated consent, use of physical force, intimidation or any
form of compulsion.
(d)
"Contact tracing" refers to the method of finding
and counselling the sexual partner(s) of a person who has
been diagnosed as having sexually transmitted disease.

(g)
"HIV/AIDS Prevention and Control" refers to
measures aimed at protecting non-infected from contracting
HIV and minimizing the impact of the condition of persons
living with HIV.
(h)
"HIV-positive" refers to the presence of HIV
infection as documented by the presence of HIV or HIV
antibodies in the sample being tested.
(i)
"HIV-negative" denotes the absence of HIV or HIV
antibodies upon HIV testing.
(j)
"HIV Testing" refers to any laboratory procedure
done on an individual to determine the presence or absence of
HIV infection.
(k)
"HIV Transmission" refers to the transfer of HIV
from one infected person to an uninfected individual, most
commonly through sexual intercourse, blood transfusion,
sharing of intravenous needles and during pregnancy.
(l)
"High-Risk Behavior" refers to a person's frequent
involvement in certain activities which increase the risk of
transmitting or acquiring HIV.
(m)
"Informed Consent" refers to the voluntary
agreement of a person to undergo or be subjected to a
procedure based on full information, whether such permission
is written, conveyed verbally, or expressed indirectly.
(n)
"Medical Confidentiality" refers to the relationship
of trust and confidence created or existing between a patient or
a person with HIV and his attending physician, consulting
medical specialist, nurse, medical technologist and all other
health workers or personnel involved in any counselling,
testing or professional care of the former; it also applies to any
person who, in any official capacity, has acquired or may have
acquired such confidential information.
(o)
"Person with HIV " refers to an individual whose
HIV test indicates, directly or indirectly, that he/she is infected
with HIV.
(p)
"Pre-Test Counselling" refers to the process of
providing an individual information on the biomedical aspects
of HIV/AIDS and emotional support to any psychological
implications of undergoing HIV testing and the test result itself
before he/she is subjected to the test.
(q)
"Post-Test Counselling" refers to the process of
providing risk-reduction information and emotional support to a
person who submitted to HIV testing at the time that the test
result is released.
(r)
"Prophylactic" refers to any agent or device used to
prevent the transmission of a disease.
(s)
"Sexually Transmitted Diseases" refers to any
disease that may be acquired or passed on through sexual
contact.

(e)
"Human Immunodeficiency Virus (HIV)" refers to
the virus which causes AIDS.

(t)
"Voluntary HIV Testing" refers to HIV testing done
on an individual who, after having undergone pre-test
counselling, willingly submits himself/herself to such test.

(f)
"HIV/AIDS Monitoring" refers to the documentation
and analysis of the number of HIV/AIDS infections and the
pattern of its spread.

(u)
"Window Period" refers to the period of time,
usually lasting from two weeks to six (6) months during which

an infected individual will test "negative" upon HIV testing but

can actually transmit the infection.

Chief of Staff and the Director General of the PNP shall

oversee the implementation of this section.

ARTICLE I

SECTION 7.
HIV/AIDS Education for Filipinos Going
Abroad. The State shall ensure that all overseas Filipino
workers and diplomatic, military, trade, and labor officials and
personnel to be assigned overseas shall undergo or attend a
seminar on the cause, prevention and consequences of
HIV/AIDS before certification for overseas assignment. The
Department of Labor and Employment or the Department of
Foreign Affairs, the Department of Tourism and the
Department of Justice through the Bureau of Immigration, as
the case may be, in collaboration with the Department of
Health (DOH), shall oversee the implementation of this
Section.

Education and Information

SECTION 4.
HIV/AIDS Education in Schools. The
Department of Education, Culture and Sports (DECS), the
Commission on Higher Education (CHED), and the Technical
Education and skills Development Authority (TESDA), utilizing
official information provided by the Department of Health, shall
integrate instruction on the causes, modes of transmission and
ways of preventing HIV/AIDS and other sexually transmitted
diseases in subjects taught in public and private schools at
intermediate grades, secondary and tertiary levels, including
non-formal and indigenous learning systems: Provided, That if
the integration of HIV/AIDS education is not appropriate or
feasible, the DECS and TESDA shall design special modules
on HIV/AIDS prevention and control: Provided, further, That it
shall not be used as an excuse to propagate birth control or the
sale or distribution of birth control devices: Provided, finally,
That it does not utilize sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course
content, scope, and methodology in each educational level or
group shall be allowed after consultations with ParentTeachers-Community Associations, Private School
Associations, school officials, and other interest groups. As
such, no instruction shall be offered to minors without
adequate prior consultation with parents who must agree to the
thrust and content of the instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be
required to undergo a seminar or training on HIV/AIDS
prevention and control to be supervised by DECS, CHED and
TESDA, in coordination with the Department of Health (DOH),
before they are allowed to teach on the subject.
SECTION 5.
HIV/AIDS Information as a Health Service.
HIV/AIDS education and information dissemination shall
form part of the delivery of health services by health
practitioners, workers and personnel. The knowledge and
capabilities of all public health workers shall be enhanced to
include skills for proper information dissemination and
education on HIV/AIDS. It shall likewise be considered a civic
duty of health providers in the private sector to make available
to the public such information necessary to control the spread
of HIV/AIDS and to correct common misconceptions about this
disease. The training or health workers shall include
discussions on HIV-related ethical issues such as
confidentiality, informed consent and the duty to provide
treatment.
SECTION 6.
HIV/AIDS Education in the Workplace. All
government and private employees, workers, managers, and
supervisors, including members of the Armed Forces of the
Philippines (AFP) and the Philippine National Police (PNP),
shall be provided with the standardized basic information and
instruction on HIV/AIDS which shall include topics on
confidentiality in the workplace and attitude towards infected
employees and workers. In collaboration with the Department
of Health (DOH), the Secretary of the Department of Labor and
Employment (DOLE) shall oversee the anti-HIV/AIDS
campaign in all private companies while the Armed Forces

SECTION 8.
Information Campaign for Tourists and
Transients. Informational aids or materials on the cause,
modes of transmission, prevention, and consequences of HIV
infection shall be adequately provided at all international ports
of entry and exit. The Department of Tourism, the Department
of Foreign Affairs, the Department of Justice through the
Bureau of Immigration, in collaboration with the Department of
Health (DOH), shall oversee the implementation of this Act.
cdtai
SECTION 9.
HIV/AIDS Education in Communities.
Local government units, in collaboration with the Department of
Health (DOH), shall conduct an educational and information
campaign on HIV/AIDS. The provincial governor, city or
municipal mayor and the barangay captain shall coordinate
such campaign among concerned government agencies, nongovernment organizations and church-based groups.
SECTION 10.
Information on Prophylactics. Appropriate
information shall be attached to or provided with every
prophylactic offered for sale or given as a donation. Such
information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device
or agent, its efficacy against HIV and STD infection, as well as
the importance of sexual abstinence and mutual fidelity.
SECTION 11.
Penalties for Misleading Information.
Misinformation on HIV/AIDS prevention and control through
false and misleading advertising and claims in any of the trimedia or the promotional marketing of drugs, devices, agents
or procedures without prior approval from the Department of
Health and the Bureau of Food and Drugs and the requisite
medical and scientific basis, including markings and indications
in drugs and devises or agents, purporting to be a cure or a
fail-safe prophylactic for HIV infection is punishable with a
penalty of imprisonment for two (2) months to two (2) years,
without prejudice to the imposition of administrative sanctions
such as fines and suspension or revocation of professional or
business license.
ARTICLE II
Safe Practices and Procedures
SECTION 12.
Requirement on the Donation of Blood,
Tissue, or Organ. No laboratory or institution shall accept a
donation of tissue or organ, whether such donation is
gratuitous or onerous, unless a sample from the donor has
been tested negative for HIV. All donated blood shall also be
subjected to HIV testing and HIV(+) blood shall be disposed of

properly and immediately. A second testing may be demanded

as a matter of right by the blood, tissue, or organ recipient or
his immediate relatives before transfusion or transplant, except
during emergency cases: Provided, That donations of blood,
tissue, or organ testing positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal
requirements.
SECTION 13.
Guidelines on Surgical and Similar
Procedures. The Department of Health (DOH), in
consultation and in coordination with concerned professional
organizations and hospital associations, shall issue guidelines
on precautions against HIV transmission during surgical,
dental, embalming, tattooing or similar procedures. The DOH
shall likewise issue guidelines on the handling and disposition
of cadavers, body fluids or wastes of persons known or
believed to be HIV-positive.
The necessary protective equipment such as gloves, goggles
and gowns, shall be made available to all physicians and
health care providers and similarly exposed personnel at all
times.
SECTION 14.
Penalties for Unsafe Practices and
Procedures. Any person who knowingly or negligently
causes another to get infected with HIV in the course of the
practice of his/her profession through unsafe and unsanitary
practice or procedure is liable to suffer a penalty of
imprisonment for six (6) years to twelve (12) years, without
prejudice to the imposition of administrative sanctions such as,
but not limited to, fines and suspension or revocation of the
license to practice his/her profession. The permit or license of
any business entity and the accreditation of hospitals,
laboratory, or clinics may be cancelled or withdrawn if said
establishments fail to maintain such safe practices and
procedures as may be required by the guidelines to be
formulated in compliance with Section 13 of this Act.
ARTICLE III
Testing, Screening and Counselling
SECTION 15.
Consent as a Requisite for HIV Testing.
No compulsory HIV testing shall be allowed. However, the
State shall encourage voluntary testing for individuals with a
high risk for contracting HIV: Provided, That written informed
consent must first be obtained. Such consent shall be obtained
from the person concerned if he/she is of legal age or from the
parents or legal guardian in the case of a minor or a mentally
incapacitated individual. Lawful consent to HIV testing of a
donated human body, organ, tissue, or blood shall be
considered as having been given when:

of abode, entry or continued stay in the country, or the right to

travel, the provision of medical service or any other kind of
service, or the continued enjoyment of said undertakings shall
be deemed unlawful.
SECTION 17.
Exception to the Prohibition on Compulsory
Testing. Compulsory HIV testing may be allowed only in the
following instances:
a)
When a person is charged with any of the crimes
punishable under Articles 264 and 266 as amended by
Republic Act No. 8353, 335 and 338 of Republic Act No. 3815,
otherwise known as the "Revised Penal Code" or under
Republic Act No. 7659;
b)
When the determination of the HIV status is
necessary to resolve the relevant issues under Executive
Order No. 309, otherwise known as the "Family Code of the
Philippines"; and
c)
When complying with the provisions of Republic Act
No. 7170, otherwise known as the "Organ Donation Act" and
Republic Act No. 7719, otherwise known as the "National
Blood Services Act".
SECTION 18.
Anonymous HIV Testing. The State shall
provide a mechanism for anonymous HIV testing and shall
guarantee anonymity and medical confidentiality in the conduct
of such tests.
SECTION 19.
Accreditation of HIV Testing Centers. All
testing centers, hospitals, clinics, and laboratories offering HIV
testing services are mandated to seek accreditation from the
Department of Health which shall set and maintain reasonable
accreditation standards.
SECTION 20.
Pre-test and Post-test Counselling. All
testing centers, clinics, or laboratories which perform any HIV
test shall be required to provide and conduct free pre-test
counselling and post-test counselling for persons who avail of
their HIV/AIDS testing services. However, such counselling
services must be provided only by persons who meet the
standards set by the DOH.
SECTION 21.
Support for HIV Testing Centers. The
Department of Health shall strategically build and enhance the
capabilities for HIV testing of hospitals, clinics, laboratories,
and other testing centers primarily, by ensuring the training of
competent personnel who will provide such services in said
testing sites.
ARTICLE IV
Health and Support Services

(a)
a person volunteers or freely agrees to donate his/her
blood, organ, or tissue for transfusion, transplantation, or
research;
(b)
a person has executed a legacy in accordance with
Section 3 of Republic Act No. 7170, also known as the "Organ
Donation Act of 1991";
(c)
a donation is executed in accordance with Section 4
of Republic Act No. 7170.
SECTION 16.
Prohibitions on Compulsory HIV Testing.
Compulsory HIV testing as a precondition to employment,
admission to educational institutions, the exercise of freedom

SECTION 22.
Hospital-Based Services. Persons with
HIV/AIDS shall be afforded basic health services in all
government hospitals, without prejudice to optimum medical
care which may be provided by special AIDS wards and
hospitals.
SECTION 23.
Community-Based Services. Local
government units, in coordination and in cooperation with
concerned government agencies, non-government
organizations, persons with HIV/AIDS and groups most at risk
of HIV infection shall provide community-based HIV/AIDS
prevention and care services.

SECTION 24.
Livelihood Programs and Trainings.
Trainings for livelihood, self-help cooperative programs shall
be made accessible and available to all persons with
HIV/AIDS. Persons infected with HIV/AIDS shall not be
deprived of full participation in any livelihood, self-help and
cooperative programs for reason of their health conditions.
SECTION 25.
Control of Sexually Transmitted Diseases.
The Department of Health, in coordination and in cooperation
with concerned government agencies and non-government
organizations shall pursue the prevention and control of
sexually transmitted diseases to help contain the spread of HIV
infection.
SECTION 26.
Insurance for Persons with HIV . The
Secretary of Health, in cooperation with the Commissioner of
the Insurance Commission and other public and private
insurance agencies, shall conduct a study on the feasibility and
viability of setting up a package of insurance benefits and,
should warrant it, implement an insurance coverage program
for persons with HIV. The study shall be guided by the principle
that access to health insurance is part of an individual's right to
health and is the responsibility of the State and of society as a
whole.
ARTICLE V
Monitoring
SECTION 27.
Monitoring Program. A comprehensive
HIV/AIDS monitoring program or "AIDSWATCH" shall be
established under the Department of Health to determine and
monitor the magnitude and progression of HIV infection in the
Philippines, and for the purpose of evaluating the adequacy
and efficacy of the countermeasures being employed.
SECTION 28.
Reporting Procedures. All hospitals,
clinics, laboratories, and testing centers for HIV/AIDS shall
adopt measures in assuring the reporting and confidentiality of
any medical record, personal data, file, including all data which
may be accessed from various data banks or information
systems. The Department of Health through its AIDSWATCH
monitoring program shall receive, collate and evaluate all
HIV/AIDS related medical reports. The AIDSWATCH data base
shall utilize a coding system that promotes client anonymity.
SECTION 29.
Contact Tracing. HIV/AIDS contact tracing
and all other related health intelligence activities may be
pursued by the Department of Health: Provided, That these do
not run counter to the general purpose of this Act: Provided,
further, That any information gathered shall remain confidential
and classified, and can only be used for statistical and
monitoring purposes and not as basis or qualification for any
employment, school attendance, freedom of abode, or travel.

SECTION 31.
Exceptions to the Mandate of Confidentiality.
Medical confidentiality shall not be considered breached in
the following cases:
(a)
when complying with reportorial requirements in
conjunction with the AIDSWATCH programs provided in
Section 27 of this Act;
(b)
when informing other health workers directly involved
or about to be involved in the treatment or care of a person
with HIV/AIDS: Provided, That such treatment or care carry the
risk of HIV transmission: Provided, further, That such workers
shall be obliged to maintain the shared medical confidentiality;
(c)
when responding to a subpoena duces tecum and
subpoena ad testificandum issued by a Court with jurisdiction
over a legal proceeding where the main issue is the HIV status
of an individual: Provided, That the confidential medical record
shall be properly sealed by its lawful custodian after being
double-checked for accuracy by the head of the office or
department, hand delivered, and personally opened by the
judge: Provided, further, That the judicial proceedings be held
in executive session.
SECTION 32.
Release of HIV/AIDS Test Results. All
results of HIV/AIDS testing shall be confidential and shall be
released only to the following persons:
(a)

the person who submitted himself/herself to such test;

(b)

either parent of a minor child who has been tested;

(c)
a legal guardian in the case of insane persons or
orphans;
(d)
a person authorized to receive such results in
conjunction with the AIDSWATCH program as provided in
Section 27 of this Act;
(e)
a justice of the Court of Appeals or the Supreme
Court, as provided under subsection (c) of this Act and in
accordance with the provision of Section 16 hereof.
SECTION 33.
Penalties for Violations of Confidentiality.
Any violation of medical confidentiality as provided in Sections
30 and 32 of this Act shall suffer the penalty of imprisonment
for six (6) months to four (4) years, without prejudice to
administrative sanctions such as fines and suspension or
revocation of the violator's license to practice his/her
profession, as well as the cancellation or withdrawal of the
license to operate any business entity and the accreditation of
hospitals, laboratories or clinics.

ARTICLE VI

SECTION 34.
Disclosure to Sexual Partners. Any
person with HIV is obliged to disclose his/her HIV status and
health condition to his/her spouse or sexual partner at the
earliest opportune time.

Confidentiality

ARTICLE VII

SECTION 30.
Medical Confidentiality. All health
professionals, medical instructors, workers, employers,
recruitment agencies, insurance companies, data encoders,
and other custodians of any medical record, file, data, or test
results are directed to strictly observe confidentiality in the
handling of all medical information, particularly the identity and
status of persons with HIV.

Discriminatory Acts and Policies

SECTION 35.
Discrimination in the Workplace.
Discrimination in any form from pre-employment to postemployment, including hiring, promotion or assignment, based
on the actual, perceived or suspected HIV status of an
individual is prohibited. Termination from work on the sole

basis of actual, perceived or suspected HIV status is deemed

unlawful.
SECTION 36.
Discrimination in Schools. No educational
institution shall refuse admission or expel, discipline,
segregate, deny participation, benefits or services to a student
or prospective student on the basis of his/her actual, perceived
or suspected HIV status.
SECTION 37.
Restrictions on Travel and Habitation. The
freedom of abode, lodging and travel of a person with HIV shall
not be abridged. No person shall be quarantined, placed in
isolation, or refused lawful entry into or deported from
Philippine territory on account of his/her actual, perceived or
suspected HIV status.
SECTION 38.
Inhibition from Public Service. The right to
seek an elective or appointive public office shall not be denied
to a person with HIV.
SECTION 39.
Exclusion from Credit and Insurance
Services. All credit and loan services, including health,
accident and life insurance shall not be denied to a person on
the basis of his/her actual, perceived or suspected HIV status:
Provided, That the person with HIV has not concealed or
misrepresented the fact to the insurance company upon
application. Extension and continuation of credit and loan shall
likewise not be denied solely on the basis of said health
condition.
SECTION 40.
Discrimination in Hospitals and Health
Institutions. No person shall be denied health care service
or be charged with a higher fee on account of actual, perceived
or suspected HIV status.
SECTION 41.
Denial of Burial Services. A deceased
person who had AIDS or who was known, suspected or
perceived to be HIV-positive shall not be denied any kind of
decent burial services.
SECTION 42.
Penalties for Discriminatory Acts and
Policies. All discriminatory acts and policies referred to in
this Act shall be punishable with a penalty of imprisonment for
six (6) months to four (4) years and a fine not exceeding Ten
thousand pesos (P10,000.00). In addition, licenses/permits of
schools, hospitals and other institutions found guilty of
committing discriminatory acts and policies described in this
Act shall be revoked.
ARTICLE VIII
The Philippine National AIDS Council
SECTION 43.
Establishment. The Philippine National
AIDS Council (PNAC) created by virtue of Executive Order No.
39 dated 3 December 1992 shall be reconstituted and
strengthened to enable the Council to oversee an integrated
and comprehensive approach to HIV/AIDS prevention and
control in the Philippines. It shall be attached to the
Department of Health.
SECTION 44.
Functions. The Council shall be the
central advisory, planning and policy-making body for the
comprehensive and integrated HIV/AIDS prevention and
control program in the Philippines. The Council shall perform
the following functions:

(a)
Secure from government agencies concerned
recommendations on how their respective agencies could
operationalize specific provisions of this Act. The Council shall
integrate and coordinate such recommendations and issue
implementing rules and regulations of this Act. The Council
shall likewise ensure that there is adequate coverage of the
following:
(1)
The institution of a nationwide HIV/AIDS information
and education program;
(2)
The establishment of a comprehensive HIV/AIDS
monitoring system;
(3)
The issuance of guidelines on medical and other
practices and procedures that carry the risk of HIV
transmission;
(4)
The provision of accessible and affordable HIV testing
and counselling services to those who are in need of it;
(5)
The provision of acceptable health and support
services for persons with HIV/AIDS in hospitals and in
communities;
(6)
The protection and promotion of the rights of
individuals with HIV; and
(7)

The strict observance of medical confidentiality.

(b)
Monitor the implementation of the rules and
regulations of this Act, issue or cause the issuance of orders or
make recommendations to the implementing agencies as the
Council considers appropriate;
(c)
Develop a comprehensive long-term national
HIV/AIDS prevention and control program and monitor its
implementation;
(d)
Coordinate the activities of and strengthen working
relationships between government and non-government
agencies involved in the campaign against HIV/AIDS;
(e)
Coordinate and cooperate with foreign and
international organizations regarding data collection, research
and treatment modalities concerning HIV/AIDS; and
(f)
Evaluate the adequacy of and make
recommendations regarding the utilization of national
resources for the prevention and control of HIV/AIDS in the
Philippines.
SECTION 45.
Membership and Composition. (a) The
Council shall be composed of twenty-six (26) members as
follows:
(1)

The Secretary of the Department of Health;

(2)
The Secretary of the Department of Education,
Culture and Sports or his representative;
(3)
The Chairperson of the Commission on Higher
Education or his representative;
(4)
The Director-General of the Technical Education and
Skills Development Authority or his representative;
(5)
The Secretary of the Department of Labor and
Employment or his representative;

(6)
The Secretary of the Department of Social Welfare
and Development or his representative;

organizations, they shall serve for a term of two (2) years,

renewable upon recommendation of the Council.

(7)
The Secretary of the Department of the Interior and
Local Government or his representative;

SECTION 46.
Reports. The Council shall submit to the
President and to both Houses of Congress comprehensive
annual reports on the activities and accomplishments of the
Council. Such annual reports shall contain assessments and
evaluation of intervention programs, plans and strategies for
the medium- and long-term prevention and control program on
HIV/AIDS in the Philippines.

(8)
The Secretary of the Department of Justice or his
representative;
(9)
The Director-General of the National Economic and
Development Authority or his representative;
(10)
The Secretary of the Department of Tourism or his
representative;
(11)
The Secretary of the Department of Budget and
Management or his representative;
(12)
The Secretary of the Department of Foreign Affairs or
his representative;
(13)
The Head of the Philippine Information Agency or his
representative;
(14)
The President of the League of Governors or his
representative;
(15)
The President of the League of City Mayors or his
representative;

SECTION 47.
Creation of Special HIV/AIDS Prevention
and Control Service. There shall be created in the
Department of Health a Special HIV/AIDS Prevention and
Control Service staffed by qualified medical specialists and
support staff with permanent appointment and supported with
an adequate yearly budget. It shall implement programs on
HIV/AIDS prevention and control. In addition, it shall also serve
as the secretariat of the Council.
SECTION 48.
Appropriations. The amount of Twenty
million pesos (P20,000,000.00) shall be initially appropriated
out of the funds of the National Treasury. Subsequent
appropriations shall be provided by Congress in the annual
budget of the Department of Health under the General
Appropriations Act.
ARTICLE IX

(16)
The Chairperson of the Committee on Health of the
Senate of the Philippines or his representative;

Miscellaneous Provisions

(17)
The Chairperson of the Committee on Health of the
House of Representatives or his representative;

SECTION 49.
Implementing Rules and Regulations.
Within six (6) months after it is fully reconstituted, the Council
shall formulate and issue the appropriate rules and regulations
necessary for the implementation of this Act.

(18)
Two (2) representatives from organizations of
medical/health professionals;
(19)
Six (6) representatives from non-government
organizations involved in HIV/AIDS prevention and control
efforts or activities; and

SECTION 50.
Separability Clause. If any provision of
this Act is declared invalid, the remainder of this Act or any
provision not affected thereby shall remain in force and effect.

(20)
A representative of an organization of persons dealing
with HIV/AIDS.

SECTION 51.
Repealing Clause. All laws, presidential
decrees, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly. cdasia

(b)
To the greatest extent possible, appointment to the
Council must ensure sufficient and discernible representation
from the fields of medicine, education, health care, law, labor,
ethics and social services;

SECTION 52.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation.

(c)
All members of the Council shall be appointed by the
President of the Republic of the Philippines, except for the
representatives of the Senate and the House of
Representatives, who shall be appointed by the Senate
President and the House Speaker, respectively;

Approved: February 13, 1998

(d)
The members of the Council shall be appointed not
later than thirty (30) days after the date of the enactment of this
Act;

March 24, 1992

(e)
The Secretary of Health shall be the permanent
chairperson of the Council; however, the vice-chairperson shall
be elected by its members from among themselves, and shall
serve for a term of two (2) years; and

AN ACT PROVIDING FOR THE REHABILITATION, SELFDEVELOPMENT AND SELF-RELIANCE OF PERSONS WITH
DISABILITY AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES

(f)
For members representing medical/health
professional groups and the six (6) non-government

TITLE ONE

Published in Malaya and The Manila Times on February 21,

1998.

REPUBLIC ACT NO. 7277

General Provisions

CHAPTER 1
Basic Principle
SECTION 1.
Title. This Act shall be known and cited as
the "Magna Carta for Persons with Disability." cda
SECTION 2.
Declaration of Policy. The grant of the
rights and privileges for persons with disability shall be guided
by the following principles:
a)
Persons with disability are part of Philippine society,
thus the State shall give full support to the improvement of the
total well-being of persons with disability and their integration
into the mainstream of society. Toward this end, the State shall
adopt policies ensuring the rehabilitation, self-development and
self-reliance of persons with disability. It shall develop their
skills and potentials to enable them to compete favorably for
available opportunities.
b)
Persons with disability have the same rights as other
people to take their proper place in society. They should be
able to live freely and as independently as possible. This must
be the concern of everyone the family, community and all
government and nongovernment organizations. Persons with
disability's rights must never be perceived as welfare services
by the Government. cdasia
c)
The rehabilitation of persons with disability shall be
the concern of the Government in order to foster their capacity
to attain a more meaningful, productive and satisfying life. To
reach out to a greater number of persons with disability, the
rehabilitation services and benefits shall be expanded beyond
the traditional urban-based centers to community based
programs, that will ensure full participation of different sectors
as supported by national and local government agencies.
d)
The State also recognizes the role of the private
sector in promoting the welfare of persons with disability and
shall encourage partnership in programs that address their
needs and concerns.
e)
To facilitate integration of persons with disability into
the mainstream of society, the State shall advocate for and
encourage respect for persons with disability. The State shall
exert all efforts to remove all social, cultural, economic,
environmental and attitudinal barriers that are prejudicial to
persons with disability. acd
SECTION 3.
Coverage. This Act shall cover all persons
with disability and, to the extent herein provided, departments,
offices and agencies of the National Government or
nongovernment organizations involved in the attainment of the
objectives of this Act.
SECTION 4.
Definition of Terms. For purposes of this
Act, these terms are defined as follows:
a)
Persons with disability are those suffering from
restriction or different abilities, as a result of a mental, physical
or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being;
b)
Impairment is any loss, diminution or aberration of
psychological, physiological, or anatomical structure or
function; cdtai

c)
Disability shall mean 1) a physical or mental
impairment that substantially limits one or more psychological,
physiological or anatomical function of an individual or
activities of such individual; 2) a record of such an impairment;
or 3) being regarded as having such an impairment;
d)
Handicap refers to a disadvantage for a given
individual, resulting from an impairment or a disability, that
limits or prevents the function or activity, that is considered
normal given the age and sex of the individual;
e)
Rehabilitation is an integrated approach to physical,
social, cultural, spiritual, educational and vocational measures
that create conditions for the individual to attain the highest
possible level of functional ability;
f)
Social Barriers refer to the characteristics of
institutions, whether legal, economic, cultural, recreational or
other, any human group, community, or society which limit the
fullest possible participation of persons with disability in the life
of the group. Social barriers include negative attitudes which
tend to single out and exclude persons with disability and
which distort roles and inter-personal relationships;
g)

Auxiliary Aids and Services include:

1)
qualified interpreters or other effective methods of
delivering materials to individuals with hearing impairments;
2)
qualified readers, taped tests, or other effective
methods of delivering materials to individuals with visual
impairments; cdt
3)
and

acquisition or modification of equipment or devices;

4)
other similar services and actions or all types of aids
and services that facilitate the learning process of people with
mental disability.
h)
Reasonable Accommodation include 1) improvement
of existing facilities used by employees in order to render these
readily accessible to and usable by persons with disability; and
2) modification of work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices,
appropriate adjustments or modifications of examinations,
training materials or company policies, rules and regulations,
the provision of auxiliary aids and services, and other similar
accommodations for persons with disability;
i)
Sheltered Employment refers to the provision of
productive work for persons with disability through workshops
providing special facilities, income-producing projects or
homework schemes with a view to giving them the opportunity
to earn a living thus enabling them to acquire a working
capacity required in open industry;
j)
Auxiliary Social Services are the supportive activities
in the delivery of social services to the marginalized sectors of
society;
k)
Marginalized Persons with disability refer to persons
with disability who lack access to rehabilitative services and
opportunities to be able to participate fully in socioeconomic
activities and who have no means of livelihood and whose
incomes fall below the poverty threshold;

l)
Qualified Individual with a Disability shall mean an
individual with a disability who, with or without reasonable
accommodations, can perform the essential functions of the
employment position that such individual holds or desires.
However, consideration shall be given to the employer's
judgment as to what functions of a job are essential, and if an
employer has prepared a written description before advertising
or interviewing applicants for the job, this description shall be
considered evidence of the essential functions of the job; cdt

SECTION 6.
Sheltered Employment If suitable
employment for persons with disability cannot be found
through open employment as provided in the immediately
preceding Section, the State shall endeavor to provide it by
means of sheltered employment. In the placement of persons
with disability in sheltered employment, it shall accord due
regard to the individual qualities, vocational goals and
inclinations to ensure a good working atmosphere and efficient
production.

m)
Readily Achievable means a goal can be easily
attained and carried out without much difficulty or expense. In
determining whether an action is readily achievable, factors to
be considered include

SECTION 7.
Apprenticeship. Subject to the provisions
of the Labor Code as amended, persons with disability shall be
eligible as apprentices or learners: Provided, That their
handicap is not as much as to effectively impede the
performance of job operations in the particular occupation for
which they are hired; Provided, further, That after the lapse of
the period of apprenticeship, if found satisfactory in the job
performance, they shall be eligible for employment.

1)

the nature and cost of the action;

2)
the overall financial resources of the facility or
facilities involved in the action; the number of persons
employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the
operation of the facility;
3)
the overall financial resources of the covered entity
with respect to the number of its employees; the number, type
and location of its facilities; and
4)
the type of operation or operations of the covered
entity, including the composition, structure and functions of the
work force of such entity; the geographic separateness,
administrative or fiscal relationship of the facility or facilities in
question to the covered entity.
n)
Public Transportation means transportation by air,
land and sea that provides the public with general or special
service on a regular and continuing basis;
o)
Covered Entity means an employer, employment
agency, labor organization or joint-labor management
committee; and
p)
Commerce shall be taken to mean as travel, trade,
traffic, commerce, transportation, or communication among the
provinces or between any foreign country or any territory or
possession and any province. cd i
TITLE TWO
Rights and Privileges of Persons with Disability
CHAPTER 1
Employment
SECTION 5.
Equal Opportunity for Employment. No
person with disability shall be denied access to opportunities
for suitable employment A qualified employee with disability
shall be subject to the same terms and conditions of
employment and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able
bodied person. cDAEIH
At least one percent (1%) of all positions in all government
agencies, offices or corporations shall be reserved for persons
with disability: Provided, That private corporations with more
than one hundred (100) employees are encouraged to reserve
at least one percent (1%) of all positions for persons with
disability.

SECTION 8.
Incentives for Employers. a) To
encourage the active participation of the private sector in
promoting the welfare of persons with disability and to ensure
gainful employment for qualified persons with disability,
adequate incentives shall be provided to private entities which
employ persons with disability.
b)
Private entities that employ persons with disability
who meet the required skills or qualifications, either as regular
employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to
twenty-five percent (25%) of the total amount paid as salaries
and wages to persons with disability: Provided, however, That
such entities present proof as certified by the Department of
Labor and Employment that persons with disability are under
their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and
the Department of Health as to his disability, skills and
qualifications. cd
c)
Private entities that improve or modify their physical
facilities in order to provide reasonable accommodation for
persons with disability shall also be entitled to an additional
deduction from their net taxable income, equivalent to fifty
percent (50%) of the direct costs of the improvements or
modifications. This Section, however, does not apply to
improvements or modifications of facilities required under
Batas Pambansa Bilang 344.
SECTION 9.
Vocational Rehabilitation. Consistent with
the principle of equal opportunity for disabled workers and
workers in general, the State shall take appropriate vocational
rehabilitation measures that shall serve to develop the skills
and potentials of persons with disability and enable them to
compete favorably for available productive and remunerative
employment opportunities in the labor market.
The State shall also take measures to ensure the provision of
vocational rehabilitation and livelihood services for persons
with disability in the rural areas. In addition, it shall promote
cooperation and coordination between the government and
nongovernmental organizations and other private entities
engaged in vocational rehabilitation activities. cd
The Department of Social Welfare and Development shall
design and implement training programs that will provide
persons with disability with vocational skills to enable them to

engage in livelihood activities or obtain gainful employment.

The Department of Labor and Employment shall likewise
design and conduct training programs geared towards
providing persons with disability with skills for livelihood.
SECTION 10.
Vocational Guidance and Counseling.
The Department of Social and Welfare and Development, shall
implement measures providing and evaluating vocational
guidance and counseling to enable persons with disability to
secure, retain and advance in employment. It shall ensure the
availability and training of counselors and other suitably
qualified staff responsible for the vocational guidance and
counseling of persons with disability. acd
SECTION 11.
Implementing Rules and Regulations. The
Department of Labor and Employment shall in coordination
with the Department of Social Welfare and Development
(DSWD) and National Council for the Welfare of Persons with
Disabilities (PWDs) (NCWDP) shall promulgate the rules and
regulations necessary to implement the provisions under this
Chapter.
CHAPTER 2
Education
SECTION 12.
Access to Quality Education. The State
shall ensure that persons with disability are provided with
access to quality education and ample opportunities to develop
their skills. It shall take appropriate steps to make such
education accessible to all persons with disability. It shall be
unlawful for any learning institution to deny persons with
disabilities (PWDs) admission to any course it offers by reason
of handicap or disability.
The State shall take into consideration the special
requirements of persons with disability in the formulation of
educational policies and programs. It shall encourage learning
institutions to take into account the special needs of persons
with disability with respect to the use of school facilities, class
schedules, physical education requirements, and other
pertinent consideration.
The State shall also promote the provision by learning
institutions, especially higher learning institutions of auxiliary
services that will facilitate the learning process for persons with
disability.

schools in cities, or municipalities. It shall also establish, where

viable, Braille and Record Libraries in provinces, cities or
municipalities.
The National Government shall allocate funds necessary for
the effective implementation of the special education program
nationwide. Local government units may likewise appropriate
counterpart funds to supplement national funds. acd
SECTION 15.
Vocational or Technical and Other Training
Programs. The State shall provide persons with disability
with training in civics, vocational efficiency, sports and physical
fitness, and other skills. The Department of Education, Culture
and Sports shall establish in at least one government-owned
vocational and technical school in every province a special
vocational and technical training program for persons with
disability. It shall develop and implement sports and physical
fitness programs specifically designed for persons with
disability taking into consideration the nature of their handicap.
SECTION 16.
Non-Formal Education. The State shall
develop non-formal education programs intended for the total
human development of persons with disability. It shall provide
adequate resources for non-formal education programs and
projects that cater to the special needs of persons with
disability.
SECTION 17.
State Universities and Colleges. If viable
and needed, the State University or State College in each
region or province shall be responsible for (a) the development
of material appliances and technical aids for persons with
disability; (b) the development of training materials for
vocational rehabilitation and special education instructions; (c)
the research on special problems, particularly of the visuallyimpaired, hearing-impaired, speech-impaired, and
orthopedically-impaired students, mentally retarded, and multihandicapped and others, and the elimination of social barriers
and discrimination against persons with disability; and (d)
inclusion of the Special Education for Disabled (SPED) course
in the curriculum.
The National Government shall provide these state universities
and colleges with necessary special facilities for visuallyimpaired, hearing-impaired, speech-impaired, and
orthopedically-impaired students. It shall likewise allocate the
necessary funds in support of the above. casia

SECTION 13.
Assistance to Disabled Students. The
State shall provide financial assistance to economically
marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the
form of scholarship grants, student loan programs, subsidies,
and other incentives to qualified disabled students in both
public and private schools. At least five percent (5%) of the
allocation for the Private Education Student Financial
Assistance Program created by virtue of R.A. 6725 shall be set
aside for disabled students pursuing vocational or technical
and degree courses. aisa dc

CHAPTER 3

SECTION 14.
Special Education. The State shall
establish, maintain and support complete, adequate and
integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and
other types of exceptional children in all regions of the country.
Toward this end, the Department of Education, Culture and
Sports shall establish, special education classes in public

b)

recognition and early diagnosis of disability; and

c)

early rehabilitation of the disabled.

Health
SECTION 18.
National Health Program. The
Department of Health in coordination with the National Council
for the Welfare of Persons with Disabilities (PWDs), shall
institute a national health program which shall aim to attain the
following:
a)
prevention of disability, whether occurring prenatally
or post-natally;

SECTION 19.
Rehabilitation Centers. The Department
of Health shall establish medical rehabilitation centers in
government provincial hospitals, and shall include in its annual

appropriation the necessary funds for the operation of such

centers.
The Department of Health shall formulate and implement a
program to enable marginalized persons with disability to avail
of free rehabilitation services in government hospitals. cdasia
SECTION 20.
Health Services. The State shall protect
and promote the right to health of persons with disability and
shall adopt an integrated and comprehensive approach to their
health development which shall make essential health services
available to them at affordable cost.
The National Government shall provide an integrated health
service for persons with disability which shall include, but not
limited to, the following:
a)
prevention of disability through immunization,
nutrition, environmental protection and preservation, and
genetic counseling; and early detection of disability and timely
intervention to arrest disabling condition; and
b)

medical treatment and rehabilitation. cd i

The Department of Health shall field medical personnel

specializing in the treatment and rehabilitation of persons with
disability to provincial hospitals and, when viable, to municipal
health centers. It shall also train its field health personnel in the
provision of medical attention to persons with disability. It shall
further ensure that its field health units have the necessary
capabilities to fit prosthetic and orthotic appliances on persons
with disability.
CHAPTER 4
Auxiliary Social Services
SECTION 21.
Auxiliary Social Services. The State shall
ensure that marginalized persons are provided with the
necessary auxiliary services that will restore their social
functioning and participation in community affairs. Towards this
end, the Department of Social Welfare and Development shall
develop and implement programs on auxiliary social services
that respond to the needs of marginalized persons with
disability. The components of such a program shall be as
follows:
a)
assistance in the acquisition of prosthetic devices and
medical intervention of specialty services;
b)
provision of specialized training activities designed to
improve functional limitations of persons with disability related
to communication skills;
c)
development among persons with disability of a
positive self-image through the provision of counseling,
orientation and mobility and strengthening daily living
capability; cd i
d)
provision of family care services geared towards
developing the capability of families to respond to the needs of
the disabled members of the family;
e)
provision of substitute family care services and the
facilities therefor for abandoned, neglected, abused and
unattached persons with disability who need custodial care;

f)
provision of after care and follow-up services for the
continued rehabilitation in a community-based setting of
persons with disability who were released from residential care
or rehabilitation centers; and
g)
provision of day care services for disabled children of
pre-school age.
CHAPTER 5
Telecommunications
SECTION 22.
Broadcast Media. Television stations shall
be encouraged to provide a sign-language inset or subtitles in
at least one (1) newscast program a day and special programs
covering events of national significance.
SECTION 23.
Telephone Services. All telephone
companies shall be encouraged to install special telephone
devices or units for the hearing-impaired and ensure that they
are commercially available to enable them to communicate
through the telephone system.
SECTION 24.
Free Postal Charges for the Disabled.
Postal charges shall be free on the following:
a)
articles and literatures like books and periodicals,
orthopedic and other devices, and teaching aids for the use of
the disabled sent by mail within the Philippines and abroad;
and
b)
aids and orthopedic devices for the disabled sent by
abroad by mail for repair: casia
Provided, That the aforesaid items are for personal purposes
only: Provided, further, That persons with disabilities (PWDs) is
a marginalized disabled as certified by the Social Welfare and
Development Office of the local government unit concerned or
the Department of Social Welfare and Development.
CHAPTER 6
Accessibility
SECTION 25.
Barrier-Free Environment. The State shall
ensure the attainment of a barrier-free environment that will
enable persons with disability to have access in public and
private buildings and establishments and such other places
mentioned in Batas Pambansa Bilang 344, otherwise known as
the "Accessibility Law".
The national and local governments shall allocate funds for the
provision of architectural facilities or structural features for
persons with disability in government buildings and facilities.
SECTION 26.
Mobility. The State shall promote the
mobility of persons with disability. Persons with disability shall
be allowed to drive motor vehicles, subject to the rules and
regulations issued by the Land Transportation Office pertinent
to the nature of their disability and the appropriate adaptations
or modifications made on such vehicles.
SECTION 27.
Access to Public Transport Facilities. The
Department of Social Welfare and Development shall develop
a program to assist marginalized persons with disability gain
access in the use of public transport facilities. Such assistance
may be in the form of subsidized transportation fare.

The said department shall also allocate such funds as may be

necessary for the effective implementation of the public
transport program for the persons with disability. cdasia
The "Accessibility Law", as amended, shall be made
suppletory to this Act.
SECTION 28.
Implementing Rules and Regulations. The
Department of Transportation and Communications shall
formulate the rules and regulations necessary to implement the
provisions of this Chapter.
CHAPTER 7
Political and Civil Rights
SECTION 29.
System of Voting. Persons with disability
shall be allowed to be assisted by a person of his choice in
voting in the national or local elections. The person thus
chosen shall prepare the ballot for the disabled voter inside the
voting booth. The person assisting shall bind himself in a
formal document under oath to fill out the ballot strictly in
accordance with the instructions of the voter and not to reveal
the contents of the ballot prepared by him. Violation of this
provision shall constitute an election offense. cda
Polling places should be made accessible to persons with
disability during national or local elections.
SECTION 30.
Right to Assemble. Consistent with the
provisions of the Constitution, the State shall recognize the
right of persons with disability to participate in processions,
rallies, parades, demonstrations, public meetings, and
assemblages or other forms of mass or concerned action held
in public.
SECTION 31.
Right to Organize. The State recognizes
the right of persons with disability to form organizations or
associations that promote their welfare and advance or
safeguard their interests. The National Government, through its
agencies, instrumentalities and subdivisions, shall assist
persons with disability in establishing self-help organizations by
providing them with necessary technical and financial
assistance.

SECTION 32.
following:

Persons with disability shall be entitled to the

(a)
At least twenty percent (20%) discount from all
establishments relative to the utilization of all services in hotels
and similar lodging establishments; restaurants and recreation
centers for the exclusive use or enjoyment of persons with
disability;
(b)
A minimum of twenty percent (20%) discount on
admission fees charged by theaters, cinema houses, concert
halls, circuses, carnivals and other similar places of culture,
leisure and amusement for the exclusive use of enjoyment of
persons with disability;
(c)
At least twenty percent (20%) discount for the
purchase of medicines in all drugstores for the exclusive use or
enjoyment of persons with disability;
(d)
At least twenty percent (20%) discount on medical
and dental services including diagnostic and laboratory fees
such as, but not limited to, x-rays, computerized tomography
scans and blood tests, in all government facilities, subject to
guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);
(e)
At least twenty percent (20%) discount on medical
and dental services including diagnostic and laboratory fees,
and professional fees of attending doctors in all private
hospitals and medical facilities, in accordance with the rules
and regulations to be issued by the DOH, in coordination with
the PHILHEALTH;
(f)
At least twenty percent (20%) discount on fare for
domestic air and sea travel for the exclusive use or enjoyment
of persons with disability;
(g)
At least twenty percent (20%) discount in public
railways, skyways and bus fare for the exclusive use and
enjoyment of person with disability;

Concerned government agencies and offices shall establish

close linkages with organizations of the persons with disability
in order to respond expeditiously to the needs of persons with
disability. National line agencies and local government units
shall assist persons with disability in setting up specific projects
that will be managed like business propositions. cdt

(h)
Educational assistance to persons with disability, for
them to pursue primary, secondary, tertiary, post tertiary, as
well as vocational or technical education, in both public and
private schools, through the provision of scholarships, grants,
financial aids, subsidies and other incentives to qualified
persons with disability, including support for books, learning
material, and uniform allowance to the extent feasible:
Provided, That persons with disability shall meet minimum
admission requirements;

To ensure the active participation of persons with disability in

the social and economic development of the country, their
organizations shall be encouraged to participate in the
planning, organization and management of government
programs and projects for persons with disability.

(i)
To the extent practicable and feasible, the
continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security
System (SSS), and PAG-IBIG, as the case may be, as are
enjoyed by those in actual service;

Organizations of persons with disability shall participate in the

identification and preparation of programs that shall serve to
develop employment opportunities for the persons with
disability.

(j)
To the extent possible, the government may grant
special discounts in special programs for persons with
disability on purchase of basic commodities, subject to
guidelines to be issued for the purpose by the Department of
Trade and Industry (DTI) and the Department of Agricultural
(DA); and

CHAPTER 8
Other Privileges and Incentives

(k)
Provision of express lanes for persons with disability
in all commercial and government establishments; in the
absence thereof, priority shall be given to them.
The abovementioned privileges are available only to persons
with disability who are Filipino citizens upon submission of any
of the following as proof of his/her entitlement thereto:
(I)
An identification card issued by the city or municipal
mayor or the barangay captain of the place where the persons
with disability resides;
(II)
or

The passport of the persons with disability concerned;

(III)
Transportation discount fare Identification Card (ID)
issued by the National Council for the Welfare of Persons with
Disability (NCWDP).
The privileges may not be claimed if the persons with disability
claims a higher discount as may be granted by the commercial
establishment and/or under other existing laws or in
combination with other discount programs/s.
The establishments may claim the discounts granted in subsections (a), (b), (c), (f) and (g) as tax deductions based on the
net cost of the goods sold or services rendered: Provided,
further, That the total amount of the claimed tax deduction net
of value-added tax if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal
Revenue Code (NIRC), as amended."

and other terms, conditions, and privileges of employment. The

following constitute acts of discrimination: casia
a)
Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects his work
opportunities;
b)
Using qualification standards, employment tests or
other selection criteria that screen out or tend to screen out
persons with disabilities (PWDs) unless such standards, tests
or other selection criteria are shown to be job-related for the
position in question and are consistent with business
necessity;
c)
Utilizing standards, criteria, or methods of
administration that:
1)
have the effect of discrimination on the basis of
disability; or
2)
perpetuate the discrimination of others who are
subject to common administrative control. cdasia
d)
Providing less compensation, such as salary, wage or
other forms of remuneration and fringe benefits, to a qualified
disabled employee, by reason of his disability, than the amount
to which a non-disabled person performing the same work is
entitled;
e)
Favoring a non-disabled employee over a qualified
disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on account
of the latter's disability;

SECTION 33.
Incentives. Those caring for and living
with a person with disability shall be granted the following
incentives:

f)
Re-assigning or transferring a disabled employee to a
job or position he cannot perform by reason of his disability;

(a)
Persons with disability shall be treated as dependents
under the Section 35 (A) of the National Internal Revenue
Code, as amended and as such, individual taxpayers caring for
them shall be accorded the privileges granted by the code
insofar as having dependents under the same section are
concerned; and

g)
Dismissing or terminating the services of a disabled
employee by reason of his disability unless the employer can
prove that he impairs the satisfactory performance of the work
involved to the prejudice of the business entity: Provided,
however, That the employer first sought to provide reasonable
accommodations for persons with disability; cda

(b)
Individuals or nongovernmental institutions
establishing homes, residential communities or retirement
villages solely to suit the needs and requirements of persons
with disability shall be accorded the following:

h)
Failing to select or administer in the most effective
manner employment tests which accurately reflect the skills,
aptitude or other factor of the disabled applicant or employee
that such tests purports to measure, rather than the impaired
sensory, manual or speaking skills of such applicant or
employee, if any; and

(i)
and

Realty tax holiday for the first five years of operation;

(ii)
Priority in the building and/or maintenance of
provincial or municipal roads leading to the aforesaid home,
residential community or retirement village.
TITLE THREE
Prohibition on Discrimination Against Persons with Disability
CHAPTER 1
Discrimination on Employment
SECTION 32.
Discrimination on Employment. No entity,
whether public or private, shall discriminate against a qualified
persons with disabilities (PWDs) by reason of disability in
regard to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job training,

i)
Excluding persons with disability from membership in
labor unions or similar organizations.
SECTION 33.
Employment Entrance Examination.
Upon an offer of employment, a disabled applicant may be
subjected to medical examination, on the following occasions:
a)
all entering employees are subjected to such an
examination regardless of disability; cda
b)
information obtained during the medical condition or
history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a
confidential medical record; Provided, however, That:

1)
supervisors and managers may be informed
regarding necessary restrictions on the work or duties of the
employees and necessary accommodations;
2)
first aid and safety personnel may be informed, when
appropriate, if the disability may require emergency treatment;
3)
government officials investigating compliance with this
Act shall be provided relevant information on request; and
4)
the results of such examination are used only in
accordance with this Act.
CHAPTER 2
Discrimination on Transportation
SECTION 34.
Public Transportation. It shall be
considered discrimination for the franchisees or operators and
personnel of sea, land, and air transportation facilities to
charge higher fare or to refuse to convey a passenger, his
orthopedic devices, personal effects, and merchandise by
reason of his disability.
CHAPTER 3
Discrimination on the Use of Public Accommodations and
Services
SECTION 35.
Public Accommodations and Services.
For purposes of this Chapter, public accommodations and
services shall include the following:
a)
an inn, hotel, motel, or other place of lodging, except
for an establishment located within a building that contains not
more than five (5) rooms for rent or hire and that is actually
occupied by the proprietor of such establishment as the
residence of such proprietor;
b)
a restaurant, bar, or other establishment serving food
or drink;
c)
a motion picture, theater, concert hall, stadium, or
other place of exhibition or entertainment;
d)
an auditorium, convention center, lecture hall, or other
place of public gathering; cdtai
e)
a bakery, grocery store, hardware store, shopping
center, or other sales or rental establishment;
f)
a bank, barber shop, beauty shop, travel service,
funeral parlor, gas station, office of a lawyer, pharmacy,
insurance office, professional office of a health care provider,
hospital or other service establishment;

k)
or

a gymnasium, health spa, bowling alley, golf course;

l)

other place of exercise or recreation.

SECTION 36.
Discrimination on the Use of Public
Accommodations. a) No persons with disabilities (PWDs)
shall be discriminated on the basis of disability in the full and
equal enjoyment of the goods, services, facilities, privileges,
advantages or accommodations of any place of public
accommodation by any person who owns, leases, or operates
a place of public accommodation. The following constitute acts
of discrimination:
1)
denying persons with disabilities (PWDs), directly or
through contractual, licensing, or other arrangement, the
opportunity to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of an
entity by reason of his disability; cda
2)
affording persons with disabilities (PWDs), on the
basis of his disability, directly or through contractual, licensing,
or other arrangement, with the opportunity to participate in or
benefit from a good service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other ablebodied persons; and
3)
providing persons with disabilities (PWDs), on the
basis of his disability, directly or through contractual, licensing,
or other arrangement, with a good, service, facility, advantage,
privilege, or accommodation that is different or separate form
that provided to other able-bodied persons unless such action
is necessary to provide the persons with disabilities (PWDs)
with a good, service, facility, advantage, privilege, or
accommodation, or other opportunity that is as effective as that
provided to others;
For purposes of this Section, the term "individuals or class of
individuals" refers to the clients or customers of the covered
public accommodation that enters into the contractual,
licensing or other arrangement. acd
b)
Integrated Settings Goods, services, facilities,
privileges, advantages, and accommodations shall be afforded
to individual with a disability in the most integrated setting
appropriate to the needs of the individual.
c)
Opportunity to Participate Notwithstanding the
existence of separate or different programs or activities
provided in accordance with this section, an individual with a
disability shall not be denied the opportunity to participate in
such programs or activities that are not separate or different.

h)
a museum, gallery, library or other place of public
display or collection;

d)
Association It shall be discriminatory to exclude or
otherwise deny equal goods, services, facilities, advantages,
privileges, accommodations or other opportunities to an
individual or entity because of the known disability of an
individual with whom the individual or entity is known to have a
relationship or association.

i)
a park, zoo, amusement park, or other place of
recreation;

e)
Prohibitions For purposes of this Section, the
following shall be considered as discriminatory: cdtai

j)
a nursery, elementary, secondary, undergraduate, or
post-graduate private school, or other place of education;
casia

1)
the imposition or application of eligibility criteria that
screen out or tend to screen out an individual with a disability
or any class or individuals with disabilities from fully and
equally enjoying any goods, services, facilities, privileges,

g)
a terminal, depot, or other station used for specified
public transportation;

advantages, or accommodations, unless such criteria can be

shown to be necessary for the provision of the goods, services,
facilities, privileges, or accommodations being offered;
2)
a failure to make reasonable modifications in policies,
practices, or procedures, when such modifications are
necessary to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities,
unless the entity can demonstrate that making such
modifications would fundamentally alter the nature of the
goods, facilities, services, privileges, advantages, or
accommodations; cda
3)
failure to take such steps as may be necessary to
ensure that no individual with a disability is excluded, denied
services, segregated or otherwise treated differently than other
individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such
steps would fundamentally alter the nature of the good,
service, facility, privilege, advantage or accommodation being
offered or would result in undue burden;
4)
a failure to remove architectural barriers, and
communication barriers that are structural in nature, in existing
facilities, where such removal is readily achievable; and
5)
where an entity can demonstrate that the removal of a
barrier under clause (4) is not readily achievable, a failure to
make such goods, services, facilities, privileges, advantages,
or accommodations available through alternative methods if
such methods are readily achievable. cdtai
SECTION 37.
Use of Government Recreational or Sports
Centers Free of Charge. Recreational or sports centers
owned or operated by the Government shall be used, free of
charge, by marginalized persons with disability during their
social, sports or recreational activities.
SECTION 38.
Implementing Rules and Regulations. The
Department of Public Works and Highways shall formulate the
rules and regulations necessary to implement the provisions of
this Chapter.

SECTION 41.
Vilification. For purposes of this Chapter,
vilification shall be defined as:
(a)
The utterance of slanderous and abusive statements
against a person with disability; and/or
(b)
An activity in public which incites hatred towards,
serious contempt for, or severe ridicule of persons with
disability.
SECTION 42.
Any individual, group or community is hereby
prohibited from vilifying any person with disability which could
result into loss of self-esteem of the latter.
TITLE FOUR
Final Provisions
SECTION 39.
Housing Program. The National
Government shall take into consideration in its national shelter
program the special housing requirements of persons with
disability. cdt
SECTION 40.
Role of National Agencies and Local
Government Units. (a) Local government units shall
promote the establishment of organizations of persons with
disabilities (PWDs) in their respective territorial jurisdictions.
National agencies and local government units may enter into
joint ventures with organizations or associations of PWDs to
explore livelihood opportunities and other undertakings that
shall enhance the health, physical fitness and the economic
and social well-being of PWDs.
(b)
Local government units shall organize and establish
the following:
(1)

Persons with Disability Affairs Office (PDAO)

A PDAO shall be created in every province, city and

municipality. The local chief executive shall appoint a PWD
affairs officer who shall manage and oversee the operations of
the office, pursuant to its mandate under this Act. Priority shall
be given to qualified PWDs to head and man the said office in
carrying out the following functions:

TITLE FOUR
Prohibitions on Verbal, Non-verbal Ridicule and Vilification
Against Persons with Disability
CHAPTER 1
Deliverance from Public Ridicule
SECTION 39.
Public Ridicule. For purposes of this
chapter, public ridicule shall be defined as an act of making fun
or contemptuous imitating or making mockery of persons with
disability whether in writing, or in words, or in action due to
their impairment/s.
SECTION 40.
No individual, group or community shall
execute any of these acts of ridicule against persons with
disability in any time and place which could intimidate or result
in loss of self-esteem of the latter.
CHAPTER 2
Deliverance from Vilification

(i)
Formulate and implement policies, plans and
programs for the promotion of the welfare of PWDs in
coordination with concerned national and local government
agencies;
(ii)
Coordinate the implementation of the provisions of
this Act, Batas Pambansa Blg. 344, otherwise known as the
Accessibility Law, and other relevant laws at the local level;
ACaDTH
(iii)
Represent PWDs in meetings of local development
councils and other special bodies;
(iv)
Recommend and enjoin the participation of
nongovernment organizations (NGOs) and people's
organizations (POs) in the implementation of all disabilityrelated laws and policies;
(v)
Gather and compile relevant data on PWDs in their
localities;
(vi)
Disseminate information including, but not limited to,
programs and activities for PWDs, statistics on PWDs,

including children with disability, and training and employment

opportunities for PWDs;
(vii)
Submit reports to the office of the local chief executive
on the implementation of programs and services for the
promotion of the welfare of PWDs in their respective areas of
jurisdiction;

c)
Local manufacturing or technical aids and appliances
used by persons with disability shall be considered as a
preferred area of investment subject to the provisions of
Executive Order No. 226 otherwise known as the "Omnibus
Investments Code of 1987" and, as such, shall enjoy the rights,
privileges and incentives as provided in said Code such as, but
not limited, to the following:

(viii)
Ensure that the policies, plans and programs for the
promotion of the welfare of PWDs are funded by both the
national and local government; CIcEHS

1)

repatriation of investments; cd

2)

remittance of earnings;

(ix)
Monitor fundraising activities being conducted for the
benefit of PWDs;

3)

remittance of payments on foreign contracts;

4)

freedom from expropriations;

(x)
Seek donations in cash or in kind from local or foreign
donors to implement an approved work plan for PWDs, in
accordance with existing laws and regulations; and

5)

freedom from requisition of investment;

6)

income tax holiday;

(xi)
Perform such other functions as may be necessary for
the promotion and protection of the welfare of the PWDs.

7)

additional deduction for labor expense;

(2)

8)
tax and duty exemption on imported capital
equipment;

Focal person

In consideration of budget restraints, local chief executives of

fourth (4th), fifth (5th) and sixth (6th) class municipalities may,
in lieu of the creation of a PDAO, designate a focal person who
shall perform the functions of the PDAO. Priority in
appointment should be given to a PWD with experience in
providing services to PWDs.
The establishment of a PDAO or the appointment of a focal
person, as the case may be, should be done in consultation
and coordination with the National Council on Disability Affairs
(NCDA), NGOs and POs.
SECTION 41.
Support from Nongovernment
Organizations. Nongovernment organizations or private
volunteer organizations dedicated to the purpose of promoting
and enhancing the welfare of persons with disability shall, as
they, are hereby encouraged, become partners of the
Government in the implementation of vocational rehabilitation
measures and other related programs and projects.
Accordingly, their participation in the implementation of said
measures, programs and projects is to be extended all
possible support by the Government.
The Government shall sponsor a volunteer service program
which shall harness the involvement of private individuals in
the provision of assistance to persons with disability.
SECTION 42.
Tax Incentives. a) Any donation, bequest,
subsidy or financial aid which may be made to government
agencies engaged in the rehabilitation of persons with disability
and organizations of persons with disability shall be exempt
from the donor's tax subject to the provisions of Section 94 of
the National Internal Revenue Code (NIRC), as amended and
shall be allowed as deductions from the donor's gross income
for purposes of computing the taxable income subject to the
provisions of Section 29 (h) of the Code. cd i
b)
Donations from foreign countries shall be exempt
from taxes and duties on importation subject to the provisions
of Section 105 of the Tariff and Customs Code of the
Philippines, as amended, Section 103 of the NIRC, as
amended and other relevant laws and international
agreements.

9)

tax credit on domestic capital equipment; cd

10)

exemption from contractor's tax;

11)

simplification of customs procedures;

12)

unrestricted use of consigned equipment;

13)

employment of foreign nationals; cd

14)

tax credit for taxes and duties on raw materials;

15)
access to bonded manufacturing/traded warehouse
system;
16)
exemption from taxes and duties on imported spare
parts; and
17)
exemption from wharfage dues and any export tax,
duty, impost and fee.
SECTION 43.
Continuity Clause. Should any
department or agency tasked with the enforcement or
formulation of rules and regulations and guidelines for
implementation of any provision of this Act is abolished,
merged with another department or agency or modified, such
shall not affect the enforcement or formulation of rules,
regulations and guidelines for implementation of this Act to the
effect that
a)
In case of abolition, the department or agency
established to replace the abolished department or agency
shall take-over the functions under this Act of the abolished
department or agency.
b)
In case the department or agency tasked with the
enforcement or formulation of rules, regulations and guidelines
for implementation of this Act is merged with another
department or agency, the former shall continue the functions
under this Act of the merged department or agency.
c)
In case of modification, the department or agency
modified shall continue the functions under this Act of the
department or agency that has undergone the modification.

SECTION 44.
a)

Enforcement by the Secretary of Justice.

Denial of Right

1)
Duty to Investigate the Secretary of Justice shall
investigate alleged violations of this Act, and shall undertake
periodic reviews of compliance of covered entities under this
Act. aisa dc
b)
Potential Violations If the Secretary of Justice has
reasonable cause to believe that
1)
any person or group of persons is engaged in a
pattern or practice of discrimination under this Act; or
2)
any person or group or persons has been
discriminated against under this Act and such discrimination
raises an issue of general public importance, the Secretary of
Justice may commence a legal action in any appropriate court.

SECTION 47.
Appropriations. The amount necessary to
carry out the provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment
into law and thereafter. cdtai
SECTION 48.
Separability Clause. Should any
provisions of this Act be found unconstitutional by a court of
law, such provisions shall be severed from the remainder of
the Act, and such action shall not affect the enforceability of
the remaining provisions of this Act.
SECTION 49.
Repealing Clause. All laws, presidential
decrees, executive orders and rules and regulations
inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SECTION 50.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in any two (2) newspapers of
general circulation. cdasia

SECTION 45.
Authority of Court. The court may grant
any equitable relief that such court considers to be appropriate,
including, to the extent required by this Act:

Approved: March 24, 1992

a)
granting temporary, preliminary or permanent relief;
aisa dc

December 5, 2000

b)
providing an auxiliary aid or service, modification of
policy, practice or procedure, or alternative method; and

REPUBLIC ACT NO. 8980

c)
making facilities readily accessible to and usable by
individuals with disabilities.

AN ACT PROMULGATING A COMPREHENSIVE POLICY

AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD
CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES

SECTION 46.
Penal Clause. a) Any person who violates
any provision of this Act shall suffer the following penalties:

SECTION 1.
"ECCD Act."

1)
for the first violation, a fine of not less than Fifty
thousand pesos (P50,000.00) but not exceeding One hundred
thousand pesos (P100,000.00) or imprisonment of not less
than six (6) months but not more than two (2) years, or both at
the discretion of the court; and
2)
for any subsequent violation, a fine of not less than
One hundred thousand pesos (P100,000.00) but not exceeding
Two hundred thousand pesos (P200,000.00) or imprisonment
for not less than two (2) years but not more than six (6) years,
or both at the discretion of the court.
b)
Any person who abuses the privileges granted herein
shall be punished with imprisonment of not less than six (6)
months or a fine of not less than Five thousand pesos
(P5,000.00), but not more than Fifty thousand pesos
(P50,000.00), or both, at the discretion of the court. aisa dc
c)
If the violator is a corporation, organization or any
similar entity, the officials thereof directly involved shall be
liable therefor.
d)
If the violator is an alien or a foreigner, he shall be
deported immediately after service of sentence without further
deportation proceedings.
Upon filing of an appropriate complaint, and after due notice
and hearing, the proper authorities may also cause the
cancellation or revocation of the business permit, permit to
operate, franchise and other similar privileges granted to any
business entity that fails to abide by the provisions of this Act.

Short Title. This Act shall be known as the

SECTION 2.
Declaration of Policy. It is hereby declared
the policy of the State to promote the rights of children to
survival, development and special protection with full
recognition of the nature of childhood and its special needs;
and to support parents in their roles as primary caregivers and
as their children's first teachers. The State shall institutionalize
a National System for Early Childhood Care and Development
(ECCD) that is comprehensive, integrative and sustainable,
that involves multi-sectoral and inter-agency collaboration at
the national and local levels among government; among
service providers, families and communities; and among the
public and private sectors, nongovernment organizations,
professional associations, and academic institutions. This
System shall promote the inclusion of children with special
needs and advocate respect for cultural diversity. It shall be
anchored on complementary strategies for ECCD that include
service delivery for children from conception to age six (6),
educating parents and caregivers, encouraging the active
involvement of parents and communities in ECCD programs,
raising awareness about the importance of ECCD, and
promoting community development efforts that improve the
quality of life for young children and families. SIcCTD
SECTION 3.
Objectives. The objectives of the National
ECCD System are:
(a)
To achieve improved infant and child survival rates by
ensuring that adequate health and nutrition programs are
accessible to young children and their mothers from the prenatal period throughout the early childhood years;

(b)
To enhance the physical, social, emotional, cognitive,
psychological, spiritual and language development of young
children; ISDCHA
(c)
To enhance the role of parents and other caregivers
as the primary caregivers and educators of their children from
birth onwards;
(d)
To facilitate a smooth transition from care and
education provided at home to community or school-based
setting and to primary school;
(e)
To enhance the capabilities of service providers and
their supervisors to comply with quality standards for various
ECCD programs; cTaDHS
(f)
To enhance and sustain the efforts of communities to
promote ECCD programs and ensure that special support is
provided for poor and disadvantaged communities;
(g)
To ensure that young children are adequately
prepared for the formal learning system and that both public
and private schools are responsive to the developmental
needs of these children;
(h)
To establish an efficient system for early identification,
prevention, referral and intervention for developmental
disorders and disabilities in early childhood; and
(i)
To improve the quality standards of public and private
ECCD programs through, but not limited to, a registration and
credential system for ECCD service providers.
SECTION 4.

Definitions. For purposes of this Act:

recommended learning materials for children that are

implemented by service providers through center and homebased programs. It shall consist of national program goals and
guidelines, instructional objectives, and content outlines
integrating local learning experiences and indigenous learning
materials. SEHACI
(d)
Parent Education refers to the various formal and
alternative means of providing parents with information, skills,
and support systems to assist them in their roles as their
children's primary caregivers and educators. These include
public and private parent education programs linked to center,
home and media-based child care and education programs.
SECTION 5.
System Framework and Components.
The ECCD System shall include the following components:
(a)
ECCD Curriculum which focuses on children's total
development according to their individual needs and sociocultural background. It shall promote the delivery of
complementary and integrative services for health care,
nutrition, early childhood education, sanitation, and cultural
activities. It shall use the child's first language as the medium
of instruction. ICHcTD
(b)
Parent Education and Involvement, Advocacy, and
Mobilization of Communities which harness and develop
parents' strengths as providers of ECCD at home, active
partners of other stakeholders, advocates for community
concerns that affect children, and pillars of support for local
and national ECCD programs through community organization
efforts.

(a)
Early Childhood Care and Development (ECCD)
System refers to the full range of health, nutrition, early
education and social services programs that provide for the
basic holistic needs of young children from birth to age six (6),
to promote their optimum growth and development. These
programs include:

(c)
Human Resource Development Program which
establishes mechanisms for the systematic professionalization
of ECCD service providers, through enrollment in educational
programs in site-based or distance education modes, through
pre-service or in-service training including continuing education
programs, whereby a registration and credential system shall
be developed in the ECCD System. aETAHD

(1)
Center-based programs, such as the day care service
established under Republic Act No. 6972, public and private
pre-schools, kindergarten or school-based programs,
community or church-based early childhood education
programs initiated by nongovernment organizations or people's
organizations, workplace-related child care and education
programs, child-minding centers, health centers and stations;
and

(d)
ECCD Management which focuses on a continuing
process of planning, implementation, supervision, financial
management, monitoring, evaluation and reporting. It shall
encourage the active involvement and build the capabilities of
service providers, parents, and local government officials to
sustain the program, and it shall be guided by the principles of
decentralization as stipulated in the Local Government Code of
1991.

(2)
Home-based programs, such as the neighborhoodbased play groups, family day care programs, parent education
and home visiting programs. AHaETS

(e)
Quality Standards and Accreditation which ensures
that each component in the ECCD System complies with
national quality standards, to be established by the National
ECCD Coordinating Council as provided for under Section 8 of
this Act, linked to an accreditation process.

(b)
ECCD Service Providers include the various
professionals, paraprofessionals, and volunteer caregivers who
are directly responsible for the care and education of young
children through the various center and home-based programs.
They include, but are not limited to, day care workers,
teachers, teacher-aides, rural health midwives, social workers,
community health workers, barangay nutrition scholars, parent
effectiveness service volunteers, child development workers,
and family day care providers.
(c)
ECCD Curriculum refers to the age-appropriate and
developmentally appropriate educational objectives, program
of activities, organized learning experiences and

SECTION 6.
Establishment of ECCD System. The
National ECCD System shall be established in at least three
(3) regions each year, as may be determined by the National
ECCD Coordinating Council, to achieve national coverage over
a five-year period. DSETcC
SECTION 7.
Implementing Arrangements and Operational
Structures. The implementation of the National ECCD
System shall be the joint responsibility of the national
government agencies, local government units, nongovernment
organizations, and private organizations that are accredited to

deliver the services or to provide training and technical

assistance.
(a)
Responsibilities of the National Government
National government agencies shall be responsible for
developing policies and programs, providing technical
assistance and support to the ECCD service providers in
consultation with coordinating committees at the provincial,
city/municipal, and barangay levels, as provided for in Section
8 of this Act, and monitoring of ECCD service benefits and
outcomes. The Department of Social Welfare and
Development (DSWD), the Department of Education, Culture
and Sports (DECS), the Department of Health (DOH), the
Department of the Interior and Local Government (DILG), the
Department of Labor and Employment (DOLE), the
Department of Agriculture (DA), the Department of Justice
(DOJ), the National Economic and Development Authority
(NEDA), and the National Nutrition Council (NNC) shall jointly
prepare annual ECCD work plans that will coordinate their
respective technical assistance and support for the National
ECCD Program. They shall consolidate existing program
implementing guidelines that ensure consistency in integrated
service delivery within the National ECCD System. aSHAIC
(1)
The DECS shall promote the National ECCD Program
in schools. ECCD programs in public schools shall be under
the joint responsibility of their respective school
principal/school-head and parents-teachers-community
association (PTCA) within the standards set forth in the
National ECCD System and under the guidance of the
City/Municipal ECCD Coordinating Committee for the effective
and equitable delivery of ECCD services. It shall also make
available existing facilities of public elementary schools for
ECCD classes.
(2)
Public and private pre-schools shall be registered by
the Provincial or City ECCD Coordinating Committee upon the
recommendation of the respective division office of the DECS.
NGO-initiated, community, church, home, and workplacebased service providers shall be registered upon the
recommendation of the provincial/city social welfare and
development office. These public and private ECCD service
providers shall operate within the standards set forth in the
National ECCD System and under the guidance of the
City/Municipal ECCD Coordinating Committee for the effective
delivery of ECCD services. cTCaEA
(b)
Responsibilities of Local Government Units Local
government units (LGUs) shall be primarily responsible for:
(1)
Implementing the National ECCD Program by
providing basic public ECCD services;
(2)
Supporting the organization of parent cooperatives to
initiate the establishment of ECCD programs;
(3)
Ensuring that service providers of public ECCD
programs under their supervision shall be justly compensated,
that adequate funds are made available, and their working
conditions are conducive to fulfill national quality standards;
and
(4)
Providing counterpart funds for the training and
continuing education of ECCD service providers, and
supporting the operations of Provincial, City/Municipal and
Barangay ECCD Coordinating Committees. STcHEI

(c)
Responsibilities of Families and Communities The
families and communities shall support the local ECCD
programs by participating in various projects for the overall
development of their children.
SECTION 8.
Creation of National Coordinating Council
and Coordinating Committees for ECCD. To ensure the
sustained inter-agency and multi-sectoral collaboration from
the national, provincial, city/municipal to barangay levels, a
National Coordinating Council and provincial, city/municipal
and barangay coordinating committees shall be organized.
(a)
National ECCD Coordinating Council The Council
for the Welfare of Children (CWC) shall also function as the
National ECCD Coordinating Council, hereinafter referred to as
the Council, and shall hereby be under the Office of the
President. DcaCSE
(1)
Composition In addition to the existing members of
the CWC, two (2) private individuals, who are ECCD
practitioners and experts shall be appointed by the President,
upon recommendation of the Council, for a term of two (2)
years subject to one (1) reappointment. The Council shall meet
once a month or as often as necessary. The Secretaries of the
DSWD, DECS, DOH, and DILG shall act as co-chairpersons of
the Council and must be represented by a person with a rank
not lower than an Undersecretary.
(2)
Council Secretariat The CWC Secretariat shall also
serve as the secretariat of the Council. It shall be headed by an
executive director, who shall be appointed by the President,
upon the recommendation of the Council. He/She shall have
the rank, privileges, and emoluments of a Career Executive
Service Officer I. Nothing herein shall prejudice any right
vested prior to the enactment of this Act.
There shall be created two (2) permanent
positions of Deputy Executive Directors to be appointed by the
Council, one of whom shall be exclusively concerned with
ECCD programs and activities and the other exclusively with
the existing functions of the CWC. The Deputy Executive
Directors shall be assisted by senior technical staff to be
seconded from the DSWD, DECS, DOH, DILG, DOLE, DA,
DOJ, NEDA and NNC for a period of at least two (2) years,
subject to renewal, and shall be entitled to whatever additional
remuneration the law allows for such secondment.
(3)
Functions of the National ECCD Coordinating Council
The Council shall:
(i)
Promulgate policies and implementing guidelines for
ECCD programs in consultation with stakeholders at various
levels, including the regional level when appropriate, consistent
with the national policy and program frameworks as defined in
this Act;
(ii)
Establish ECCD program standards that reflect
developmentally appropriate and culturally relevant practices
for ECCD programs, which shall interface with the primary
school curriculum of the DECS;
(iii)
Develop a national system for the recruitment,
registration, continuing education and equivalency, and
credential system of ECCD service providers, supervisors and
administrators to improve and professionalize the ECCD sector
and upgrade quality standards of public and private ECCD
programs;

(iv)
Develop and implement a system of awards and
recognition to deserving ECCD program implementors and
service providers; DACTSa
(v)
Coordinate the various ECCD programs of each line
agency and monitor the delivery of services to the ECCD
program beneficiaries nationwide;
(vi)
Evaluate and assess the impact and outcome of
various ECCD programs nationwide through an effective
information system;
(vii)
Develop and establish a national system for early
identification, screening, surveillance of early childhood
disabilities, developmental problems, and giftedness;
(viii)
Develop and implement various support mechanisms
that maximize the public and private resources for
implementing ECCD programs, giving priority to the needy and
high risk children from poor communities;
(ix)
Provide counterpart funds to poor and disadvantaged
communities for the establishment and expansion of public
ECCD programs, improvement of physical facilities and for
hiring of ECCD service providers;
(x)
Promote and encourage private sector initiative for
the establishment of ECCD programs; and
(xi)
Provide guidelines for ECCD Coordinating
Committees at the provincial, city/municipal and barangay
levels for the conduct of solicitations and requests for
assistance from local and international civic organizations,
private philanthropic foundations to supplement available
resources. HATEDC
(b)
Provincial ECCD Coordinating Committee.
Composition, Functions, Secretariat. There shall be created
in every province a Provincial ECCD Coordinating Committee.
(1)
Composition The Provincial ECCD Coordinating
Committee shall be composed of the Governor of the Province
as Chairperson, Division Superintendent of DECS, Provincial
Planning and Development Officer, Provincial Budget Officer,
Provincial Health Officer, Provincial Director of DILG,
Provincial Social Welfare and Development Officer, Provincial
Treasurer, President of the Provincial League of Municipal
Mayors, and two (2) representatives of nongovernment
organizations operating ECCD programs appointed by the
Committee, for a two-year term, subject to one (1)
reappointment, as members;
(2)
Functions The Provincial ECCD Coordinating
Committee shall be under the Provincial Development Council
and shall perform similar functions as the National ECCD
Coordinating Council as appropriate, including other functions
that may be provided in the Implementing Rules and
Regulations of this Act. It shall coordinate the delivery of
services and support from the National ECCD Coordinating
Council and the national line agencies involved in ECCD
programs. It shall also support and complement the resources
available to municipalities and barangays in the province in the
expansion and improvement of ECCD programs, as well as be
responsible for the registration of ECCD programs and service
providers; and

(3)
Secretariat The Provincial ECCD Coordinating
Committee shall organize a secretariat which shall coordinate
and monitor the effective implementation of ECCD programs in
the province. It shall be headed by the provincial ECCD
Officer, who shall be appointed by the Governor, upon the
recommendation of the Provincial ECCD Coordinating
Committee. He/She shall have the rank, privileges and
emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD
system in the province, the salary, allowances and other
benefits of the Provincial ECCD Officer shall be paid for by the
Council. Thereafter, such sums as may be necessary for the
salaries, allowances and other benefits of the Provincial ECCD
Officer shall be provided by the province. TDCAHE
(c)
City/Municipal ECCD Coordinating Committee.
Composition, Functions, Secretariat. There shall be created
in every city and municipality a City/Municipal ECCD
Coordinating Committee.
(1)
Composition The City/Municipal ECCD
Coordinating Committee shall be composed of the
City/Municipal Mayor as Chairperson, the Division
Superintendent/District Supervisor of DECS, City/Municipal
Planning and Development Officer, City/Municipal Budget
Officer, City/Municipal Health Officer, City/Municipal Social
Welfare and Development Officer, City/Municipal Local
Government Officer, City/Municipal Treasurer, City/Municipal
Nutrition Officer, President of the Association of Barangay
Captains in the City/Municipality, President of the ParentTeachers-Community Federation in the City/Municipality, and
two (2) representatives of non-government organizations
involved in ECCD programs in the City/Municipality appointed
by the Committee for a two-year term, subject to one (1)
reappointment, as members.
(2)
Functions The City/Municipal ECCD Coordinating
Committee shall be under the city/municipal development
council and shall perform similar functions as the council as
appropriate, including other functions that may be provided in
the Implementing Rules and Regulations. It shall likewise
support and complement the resources available to barangays
in the expansion and improvement of ECCD programs,
coordinate and monitor the delivery of services at the barangay
level, ensure accurate reporting and documentation of service
delivery, as well as mobilize and encourage private sector
initiatives for the establishment of ECCD program
implementors in the city/municipality that conforms to National
ECCD System Standards.
(3)
Secretariat The City/Municipal ECCD Coordinating
Committee shall organize a Secretariat which shall coordinate
and monitor the effective implementation of ECCD programs in
the city/municipality. It shall be headed by the City/Municipal
ECCD Officer, who shall be appointed by the mayor, upon the
recommendation of the City/Municipal ECCD Coordinating
Committee.
(d)
Barangay ECCD Coordinating Committee The
Barangay Council for the Protection of Children (BCPC),
created under Presidential Decree 603, shall also function as
the Barangay ECCD Coordinating Committee. The BCPC shall
be responsible for the proper and effective implementation of
public ECCD programs and maintenance of database system

at the barangay level. Pursuant to this, all barangays shall

organize BCPCs in their respective areas. TEDHaA

organizations, private philanthropic foundations to supplement

available resources.

The BCPC shall be composed of, among others: the Barangay

Captain, the school head/s in the barangay, the Barangay
health midwife, the Barangay health worker, the Barangay
nutrition scholar, the day care worker/s, parents, the
Sangguniang Kabataan Chairman, and a representative from
child-focused non-government organizations/people's
organizations, as members. The members of the BCPC shall
elect from among themselves the Chairperson.

Workplace-based or related ECCD programs should be

supported by corporations and employers in the form of
physical facilities and recurrent operating costs. The operating
cost incurred for employer or corporate-sponsored ECCD
programs can be deducted from taxable income: Provided,
That the employer or corporation will not charge user fees.
HEcIDa

SECTION 9.
Financing ECCD Programs. ECCD
programs at the community level shall be financed through a
combination of public and private funds. All public ECCD
program providers shall prioritize young children from families
who are in greatest need and who can least afford private
sector programs. AaIDCS
(a)
Public support for ECCD programs. The
government shall support public ECCD programs through costsharing arrangements that shall involve the LGUs, and
counterpart funds from the national government agencies for
technical assistance and support. Additional funds may be
generated from intergovernmental donors and financial
institutions by the appropriate government agencies through
the NEDA to support the public programs in fourth, fifth and
sixth class municipalities including the urban poor. Funds shall
be accessible to qualified LGUs through the Municipal
Development Fund or other financing mechanisms as
prescribed by the Department of Finance (DOF) and based on
guidelines from the Department of Budget and Management
(DBM). The Council may establish a trust fund to assist LGUs
in the expansion and upgrading of ECCD programs.
Primary health care programs, pre-natal and post-natal care,
growth, monitoring and promotion, and supplementary nutrition
programs shall continue to be funded through the LGUs with
technical support and additional resources from the DOH.
CaHAcT
The Day Care Program, Parent Effectiveness Service, ChildMinding Centers, Family Day Care and Parent-Child
Development Programs shall continue to be supported by the
LGUs in the form of construction of basic infrastructure,
provision of facilities, materials and equipment, and
compensation for the service providers. The DSWD shall
provide for technical assistance.
The kindergarten program in public schools shall continue to
be supported by the DECS in cooperation with the PTCAs,
where applicable, by providing teacher training, supplementary
learning materials and reference materials for ECCD
programs. SCHTac
The DSWD, DECS, DOH, and DILG shall support the
implementation by LGUs of the National ECCD Program and
shall include in their respective annual general appropriations
beginning the fiscal year following the approval of this Act the
necessary funding to achieve the goal of national coverage
within a five-year period and sustain the Program from thereon.
The work and financial plan of the DSWD, DECS, DOH, and
DILG shall be coordinated with the Council.
(b)
Support for ECCD Programs. Support for ECCD
programs can be solicited from local and international civic

(c)
Costs to be Shouldered by Families. The Council
shall monitor user fees and contributions allowed for both
public and private programs to ensure that these are affordable
and within reasonable limits.
User fees for public programs should be limited to monthly
contributions intended to subsidize recurrent costs. Parents are
encouraged to contribute their time and services especially in
cases where they are unable to afford the regular
contributions. DTEScI
SECTION 10.
Appropriations. For the implementation of
this Act, the amount of Four hundred million pesos
(P400,000,000.00) per year for five (5) years is hereby
appropriated for the National ECCD Program of the Council
effective upon approval of this Act. Said amount shall be
funded from the gross income of the Philippine Amusement
and Gaming Corporation and shall be directly remitted in four
(4) quarterly installments to a special account of the Council.
Thereafter, such sums as may be necessary for the operations
of the Council shall be included in the General Appropriations
Act.
A supplementary appropriations in the amount of Thirty million
pesos (P30,000,000.00) shall be provided to the Council from
the President's Organizational Adjustment Fund upon approval
of this Act. HIAESC
The above appropriations shall be separate and distinct from
the annual budget of the CWC.
Expenses for ECCD programs and technical support packages
provided by the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ,
NEDA, and the NNC shall be specified as separate line items
in their respective annual budgets in the General
Appropriations Act. Their annual ECCD workplans shall be the
basis for these budgets and shall be released directly to their
regional or provincial offices whenever applicable. DCcAIS
SECTION 11.
Annual Report. The Council shall, at the
close of each calendar year, submit an annual report to
Congress, giving a detailed account of its proceedings and
accomplishments during the year and making
recommendations for the adoption of measures that will
improve the National ECCD System.
SECTION 12.
Separability Clause. If any provision of
this Act is declared unconstitutional, the same shall not affect
the validity and effectivity of the other provisions thereof.
SECTION 13.
Repealing Clause. Pertinent provisions of
Presidential Decree No. 603 and Executive Order No. 233, all
laws, decrees, executive orders, presidential proclamations,
rules and regulations or parts thereof contrary to or
inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

SECTION 14.
Implementing Rules and Regulations. The
Council in consultation with all appropriate government
agencies and nongovernment organizations shall formulate
and issue the necessary rules and regulations for the
implementation of this Act within ninety (90) days after the
effectivity of this Act.

priority to achieving coverage of the entire population with at

least a basic minimum package of health insurance benefits;

SECTION 15.
Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation. CSIDEc

d)
Responsiveness The Program shall adequately
meet the needs for personal health services at various stages
of a member's life;

Approved: December 5, 2000

Published in The Manila Times and Manila Standard on
December 14, 2000. Published in the Official Gazette, Vol. 97
No. 19 page 2712 on May 7, 2001.

C o p y r i g h t 2 0 0 5 C D T e c h n o l o g i e s A s i a, I n
c.

February 14, 1995

REPUBLIC ACT NO. 7875
AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE
PROGRAM FOR ALL FILIPINOS AND ESTABLISHING THE
PHILIPPINE HEALTH INSURANCE CORPORATION FOR
THE PURPOSE
SECTION 1.
Short Title. This Act shall be known as the
'National Health Insurance Act of 2013'.
ARTICLE I
Guiding Principles
SECTION 2.
Declaration of Principles and Policies. It is
hereby declared the policy of the State to adopt an integrated
and comprehensive approach to health development which
shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost and
to provide free medical care to paupers. Towards this end, the
State shall provide comprehensive health care services to all
Filipinos through a socialized health insurance program that
will prioritize the health care needs of the underprivileged, sick,
elderly, persons with disabilities (PWDs), women and children
and provide free health care services to indigents.
Pursuant to this policy, the State shall adopt the following
principles: cd i
In the pursuit of a National Health Insurance Program, this Act
shall adopt the following guiding principles:
a)
Allocation of National Resources for Health The
Program shall underscore the importance for government to
give priority to health as a strategy for bringing about faster
economic development and improving quality of life.
b)
Universality The Program shall provide all citizens
with the mechanism to gain financial access to health services,
in combination with other government health programs. The
National Health Insurance Program shall give the highest

c)
Equity The Program shall provide for uniform basic
benefits. Access to care must be a function of a person's
health needs rather than his ability to pay;

e)
Social Solidarity The Program shall be guided by
community spirit. It must enhance risk sharing among income
groups, age groups, and persons of differing health status, and
residing in different geographic areas;
f)
Effectiveness The Program shall balance
economical use of resources with quality of care;
g)
Innovation The Program shall adapt to changes in
medical technology, health service organizations, health care
provider payment systems, scopes of professional practice,
and other trends in the health sector. It must be cognizant of
the appropriate roles and respective strengths of the public and
private sectors in health care, including people's organizations
and community-based health care organizations;
h)
Devolution The Program shall be implemented in
consultation with local government units (LGUs), subject to the
overall policy directions set by the National Government;
i)
Fiduciary Responsibility The Program shall provide
effective stewardship, funds management, and maintenance of
reserves;
j)
Informed Choice The Program shall encourage
members to choose from among accredited health care
providers. The Corporation's local offices shall objectively
apprise its members of the full range of providers involved in
the Program and of the services and privileges to which they
are entitled as members. This explanation, which the members
may use as a guide in selecting the appropriate and most
suitable provider, shall be given in clear and simple Filipino
and in the local languages that is comprehensible to the
member;
k)
Maximum Community Participation The Program
shall build on existing community initiatives for its organization
and human resource requirements;
l)
Compulsory Coverage All citizens of the
Philippines shall be required to enroll in the National Health
Insurance Program in order to avoid adverse selection and
social inequity; cda
m)
Cost Sharing The Program shall continuously
evaluate its cost sharing schedule to ensure that costs borne
by the members are fair and equitable and that the charges by
health care providers are reasonable;
n)
Professional Responsibility of Health Care Providers
The Program shall assure that all participating health care
providers are responsible and accountable in all their dealings
with the Corporation and its members;
o)
Public Health Services The Government shall be
responsible for providing public health services for all groups
such as women, children, indigenous people, displaced

communities and communities in environmentally endangered

areas, while the Program shall focus on the provision of
personal health services. Preventive and promotive public
health services are essential for reducing the need and
spending for personal health services;
p)
Quality of Services The Program shall promote the
improvement in the quality of health services provided through
the institutionalization of programs of quality assurance at all
levels of the health service delivery system. The satisfaction of
the community, as well as individual beneficiaries, shall be a
determinant of the quality of service delivery;
q)
Cost Containment The program shall incorporate
features of cost containment in its design and operations and
provide a viable means of helping the people pay for health
care services; and
r)
Care for the Indigent The Government shall be
responsible for providing a basic package of needed personal
health services to indigents through premium subsidy, or
through direct service provision until such time that the
program is fully implemented.
SECTION 3.

General Objectives. This Act seeks to:

a)
provide all citizens of the Philippines with the
mechanism to gain financial access to health services;
b)
create the National Health Insurance Program,
hereinafter referred to as the Program, to serve as the means
to help the people pay for health care services;
c)
prioritize and accelerate the provision of health
services to all Filipinos, especially that segment of the
population who cannot afford such services; and
d)
establish the Philippine Health Insurance Corporation,
hereinafter referred to as the Corporation, that will administer
the Program at central and local levels.
ARTICLE II
Definitions of Terms
SECTION 4.
Definition of Terms. For the purpose of
this Act, the following terms shall be defined as follows:
a)
Beneficiary Any person entitled to health care
benefits under this Act.
b)
Benefit Package Services that the Program offers
to its members.
c)
Capitation A payment mechanism where a fixed
rate, whether per person, family, household, or group, is
negotiated with a health care provider who shall be responsible
for delivering or arranging for the delivery of health services
required by the covered person under the conditions of a
health care provider contract. benchCDTA
d)
Contribution The amount paid by or in behalf of a
member to the Program for coverage, based on salaries or
wages in the case of formal sector employees, and on
household earnings and assets, in the case of self-employed,
or on other criteria as may be defined by the Corporation in
accordance with the guiding principles set forth in Article 1 of
this Act.

e)
Coverage The entitlement of an individual, as a
member or as a dependent, to the benefits of the Program.
f)

Dependent The legal dependents of a member are:

1)

the legitimate spouse who is not a member;

2)
the unmarried and unemployed legitimate,
legitimated, illegitimate, acknowledged children as appearing in
the birth certificate; legally adopted or stepchildren below
twenty-one (21) years of age;
3)
children who are twenty-one (21) years old or above
but suffering from congenital disability, either physical or
mental, or any disability acquired that renders them totally
dependent on the member of our support;
4)
the parents who are sixty (60) years old or above
whose monthly income is below an amount to be determined
by the Corporation in accordance with the guiding principles
set forth in Article I of this Act, and
5)
parents with permanent disability that render them
totally dependent on the member for subsistence.
g)
Diagnostic Procedure Any procedure to identify a
disease or condition through analysis and examination.
h)
Emergency An unforeseen combination of
circumstances which calls for immediate action to preserve the
life of a person or to preserve the sight of one or both eyes; the
hearing of one or both ears; or one or two limbs at or above the
ankle or wrist.
i)
Employee Any person who performs services for
an employer in which either or both mental and physical efforts
are used and who receives compensation for such services,
where there is an employer-employee relationship.
j)
Employer A natural or juridical person who
employs the services of an employee.
k)
Enrollment The process to be determined by the
Corporation in order to enlist individuals as members or
dependents covered by the Program.
l)
Fee-for-service A fee pre-determined by the
Corporation for each service delivered by a health care
provider based on the bill. The payment system shall be based
on a pre-negotiated schedule promulgated by the Corporation.
m)
Global Budget An approach to the purchase of
medical services by which health care provider negotiations
concerning the costs of providing a specific package of medical
benefits is based solely on a predetermined and fixed budget.
n)
Government Service Insurance System The
Government Service Insurance System created under
Commonwealth Act No. 186, as amended.
o)

Health Care Provider Refers to:

(1)
a health care institution, which is duly licensed and
accredited devoted primarily to the maintenance and operation
of facilities for health promotion, prevention, diagnosis,
disease, injury, disability or deformity, drug addiction or in need
of obstetrical or other medical and nursing care. It shall also be
construed as any institution, building, or place where there are
installed beds, cribs, or bassinets for twenty-four hour use or

longer by patients in the treatment of diseases, injuries,

deformities, or abnormal physical and mental states, maternity
cases or sanitarial care; or infirmaries, nurseries, dispensaries,
rehabilitation centers and such other similar names by which
they may be designated; or
(2)
a health care professional, who is any doctor of
medicine, nurse, midwife, dentist, or other health care
professional or practitioner duly licensed to practice in the
Philippines and accredited by the Corporation; or

established in this Act, which shall provide universal health

insurance coverage and ensure affordable, acceptable,
available and accessible health care services for all citizens of
the Philippines.
w)
Pensioner An SSS or GSIS member who receives
pensions therefrom.
x)
Personal Health Services Health Services in which
benefits accrue to the individual person. These are categorized
into inpatient and outpatient services.

(3)
a health maintenance organization, which is an entity
that provides, offers, or arranges for coverage of designated
health services needed by plan members for a fixed prepaid
premium; or

y)
Philippine Medical Care Commission The
Philippine Medical Care Commission created under Republic
Act No. 6111, as amended.

(4)
a community-based health care organization, which is
an association of indigenous members of the community
organized for the purpose of improving the health status of that
community through preventive, promotive and curative health
services.

z)
Philippine National Drug Formulary The essential
drugs list for the Philippines which is prepared by the National
Drug Committee of the Department of Health in consultation
with experts and specialists from organized professional
medical societies, medical academe and the pharmaceutical
industry, and which is updated every year.

p)
Health Insurance Identification (ID) Card The
document issued by the Corporation to members and
dependents upon their enrollment to serve as the instrument
for proper identification, eligibility verification, and utilization
recording.

(aa)
Portability The enablement of a member to avail of
Program benefits in an area outside the jurisdiction of his Local
Health Insurance Office.

q)
Indigent A person who has no visible means of
income, or whose income is insufficient for the subsistence of
his family, as identified by the Department of Social Welfare
and Development (DSWD) based on specific criteria set for
this purpose in accordance with the guiding principles set forth
in Article I of this Act.
r)
Inpatient Education Package A set of informational
services made available to an individual who is confined in a
hospital to afford him with knowledge about his illness and its
treatment, and of the means available, particularly lifestyle
changes, to prevent the recurrence or aggravation of such
illness and to promote his health in general.
s)
Member Any person whose premiums have been
regularly paid to the National Health Insurance Program who
may be a paying member, a sponsored member, or a lifetime
member.
t)
Means Test A protocol administered at the
barangay level to determine the ability of individuals or
households to pay varying levels of contributions to the
Program, ranging from the indigent in the community whose
contributions should be totally subsidized by the government,
to those who can afford to subsidize part but not all the
required contributions for the Program. cHSIAC
u)
Medicare The health insurance program currently
being implemented by the Philippine Medical Care
Commission. It consists of:
(1)
Program I, which covers members of the SSS and
GSIS including their legal dependents; and
(2)
Program II, which is intended for those not covered
under Program I.
v)
National Health Insurance Program The
compulsory health insurance program of the government as

(bb)
Prescription Drug A drug which has been approved
by the Bureau of Food and Drug and which can be dispensed
only pursuant to a prescription order from a physician who is
duly licensed to do so.
(cc)
Public Health Services Services that strengthen
preventive and promotive health care through improving
conditions in partnership with the community at large. These
include control of communicable and non-communicable
diseases, health promotion, public information and education,
water and sanitation, environmental protection, and healthrelated data collection, surveillance, and outcome monitoring.
(dd)
Quality Assurance A formal set of activities to
review and ensure the quality of services provided. Quality
assurance includes quality assessment and corrective actions
to remedy any deficiencies identified in the quality of direct
patient, administrative, and support services.
(ee)
lives.

Residence The place where the member actually

(ff)
Retiree A member of the Program who has
reached the age of retirement as provided for by law or who
was retired on account of permanent disability as certified by
the employer and the Corporation.
(gg)
Self-employed A person who works for himself and
is therefore both employee and employer at the same time.
cCTAIE
(hh)
Social Security System The Social Security
System created under Republic Act No. 1161, as amended.
(ii)
Treatment Procedure Any method used to remove
the symptoms and cause of a disease.
(jj)
Utilization Review A formal review of patient
utilization or of the appropriateness of health care services, on
a prospective, concurrent or retrospective basis.

(kk)
Rehabilitation Center Refers to a facility, which
undertakes rehabilitation of drug dependents. It includes
institutions, agencies and the like which have for their purpose,
the development of skills, or which provides counselling, or
which seeks to inculcate, social and moral values to clientele
who have a drug problem with the aim of weaning them from
drugs and making them drug free, adapted to their families and
peers, and readjusted into the community as law-abiding,
useful and productive citizens.
(ll)
Home Care and Medical Rehabilitation Services
Refer to skilled nursing care, which members get in their
homes/clinics for the treatment of an illness or injury that
severely affects their activities or daily living. Home care and
medical rehabilitation services include hospice or palliative
care for people who are terminally ill but does not include
custodial and non-skilled personal care.
(mm)
Abandoned Children Children who have no known
family willing and capable to take care of them and are under
the care of the DSWD, orphanages, churches and other
institutions.
(nn)
Case-based Payment Hospital payment method
that reimburses to hospitals a predetermined fixed rate for
each treated case or disease; also called per case payment.
(oo)
Health Technology Assessment A field of science
that investigates the value of a health technology such as
procedure, process, products, or devices, specifically on their
quality, relative cost-effectiveness and safety. It usually
involves the science of epidemiology and economics. It has
implications on policy, decision to adopt and invest in these
technologies, or in health benefit coverage.
(pp)
Informal Sector Units engaged in the production of
goods and services with the primary objective of generating
employment and income for the persons concerned. It consists
of households, unincorporated enterprises that are market and
nonmarket producers of goods, as well as market producers of
services.
These enterprises are operated by own-account
workers, which may employ unpaid family workers as well as
occasional, seasonally hired workers.
To this sector belong, among others, street hawkers,
market vendors, pedicab and tricycle drivers, small
construction workers and home-based industries and services.
(qq)
Other Self-earning Individuals Individuals who
render services or sell goods as a means of livelihood outside
of an employer-employee relationship, or as a career, but do
not belong to the informal sector. These include businessmen,
entrepreneurs, actors, actresses and other performers, news
correspondents, professional athletes, coaches, trainers, and
other individuals as recognized by the Department of Labor
and Employment (DOLE) and/or the Bureau of Internal
Revenue (BIR).
(rr)
Out-patient Services Health services such as
diagnostic consultation, examination, treatment, surgery and
rehabilitation on an out-patient basis.
(ss)
Professional Practitioners Include doctors, lawyers,
certified public accountants, and other practitioners required to

pass government licensure examinations in order to practice

their professions.
(tt)
Traditional and Alternative Health Care The
application of traditional knowledge, skills and practice of
alternative health care or healing methods which include
reflexology, acupuncture, massage, accupressure,
chiropractics, nutritional therapy and other similar methods in
accordance with the accreditation guidelines set forth by the
Corporation and the Food and Drug Administration (FDA).
(uu)
Lifetime Member A former member who has
reached the age of retirement under the law and has paid at
least one hundred twenty (120) monthly premium contributions.
(vv)
Members in the Formal Economy Workers with
formal contracts and fixed terms of employment including
workers in the government and private sector, whose premium
contribution payments are equally shared by the employee and
the employer.
(ww)
Members in the Informal Economy Workers who
are not covered by formal contracts or agreements and whose
premium contributions are self-paid or subsidized by another
individual through a defined criteria set by the Corporation.
(xx)
Migrant Workers Documented or undocumented
Filipinos who are engaged in a remunerated activity in another
country of which they are not citizens.
(yy)
Sponsored Member A member whose contribution
is being paid by another individual, government agency, or
private entity according to the rules as may be prescribed by
the Corporation.
ARTICLE III
The National Health Insurance Program
SECTION 5.
Establishment and Purposes. There is
hereby created the National Health Insurance Program which
shall provide health insurance coverage and ensure affordable,
acceptable, available and accessible health care services for
all citizens of the Philippines, in accordance with the policies
and specific provisions of this Act. This social insurance
program shall serve as the means for the healthy to help pay
for the care of the sick and for those who can afford medical
care to subsidize those who cannot. It shall initially consist of
programs I and II or Medicare and be expanded progressively
to constitute one universal health insurance program for the
entire population. The Program shall include a sustainable
system of funds constitution, collection, management and
disbursement for financing the availment of a basic minimum
package and other supplementary packages of health
insurance benefits by a progressively expanding proportion of
the population. The Program shall be limited to paying for the
utilization of health services by covered beneficiaries or to
purchasing health services in behalf of such beneficiaries. It
shall be prohibited from providing health care directly, from
buying and dispensing drugs and pharmaceuticals, from
employing physicians and other professionals for the purpose
of directly rendering care, and from owning or investing in
health care facilities. cd i
SECTION 6.
Mandatory Coverage. All citizens of the
Philippines shall be covered by the National Health Insurance
Program. In accordance with the principles of universality and

compulsory coverage enunciated in Section 2(b) and 2(l)

hereof, implementation of the Program shall ensure
sustainability of coverage and continuous enhancement of the
quality of service: Provided, That the Program shall be
compulsory in all provinces, cities and municipalities
nationwide, notwithstanding the existence of LGU-based health
insurance programs: Provided, further, That the Corporation,
Department of Health (DOH), local government units (LGUs),
and other agencies including nongovernmental organizations
(NGOs) and other national government agencies (NGAs) shall
ensure that members in such localities shall have access to
quality and cost-effective health care services.

(1)

room and board;

(2)

services of health care professionals;

(6)

inpatient education packages;

SECTION 7.
Enrollment. The Corporation shall enroll
beneficiaries in order for them to avail of benefits under this Act
with the assistance of the financial arrangements provided by
the Corporation under the following categories:

(b)

Outpatient care:

(1)

services of health care professionals;

(3)
diagnostic, laboratory, and other medical examination
services;
(4)

use of surgical or medical equipment and facilities;

(5)
prescription drugs and biologicals, subject to the
limitations stated in Section 37 of this Act; and

(2)
diagnostic, laboratory, and other medical examination
services;

(a)

Members in the formal economy;

(b)

Members in the informal economy;

(c)

Indigents;

(4)
prescription drugs and biologicals, subject to the
limitations described in Section 37 of this Act;

(d)

Sponsored members; and

(c)

(e)

Lifetime members.

(d)
Such other health care services that the Corporation
and the DOH shall determine to be appropriate and costeffective.

The process of enrollment shall include the identification of

beneficiaries, issuance of appropriate documentation
specifying eligibility to benefits, and indicating how
membership was obtained or is being maintained.
SECTION 8.
Health Insurance Identification (ID) Card and
ID Number. In conjunction with the enrollment provided
above, the Corporation through its local office shall issue a
health insurance ID with a corresponding ID number which
shall be used for purposes of identification, eligibility
verification, and utilization recording. The issuance of this ID
card shall be accompanied by a clear explanation to the
enrollee of his rights, privileges and obligations as a member.
A list of health care providers accredited by the Local Health
Insurance Office shall likewise be provided to the member
together with the ID card.
The absence of the ID card shall not prejudice the right of any
member to avail of benefits or medical services under the
National Health Insurance Program (NHIP).
This health insurance ID card with a corresponding ID number
shall be recognized as a valid government identification and
shall be presented and honored in transactions requiring the
verification of a person's identity.
SECTION 9.
Change of Residence. A citizen can be
under only one Local Health Insurance Office which shall be
located in the province or city of his place of residence. A
person who changes residence, becomes temporarily
employed, or for other justifiable reasons, is transferred to
another locality should inform said Office of such transfer and
subsequently transfer his Program membership.
SECTION 10.
Benefit Package. Members and their
dependents are entitled to the following minimum services,
subject to the limitations specified in this Act and as may be
determined by the Corporation:
(a)

Inpatient hospital care:

(3)

personal preventive services; and

Emergency and transfer services; and

These services and packages shall be reviewed annually to

determine their financial sustainability and relevance to health
innovations, with the end in view of quality assurance,
increased benefits and reduced out-of-pocket expenditure."
SECTION 11.
Excluded Personal Health Services. The
Corporation shall not cover expenses for health services which
the Corporation and the DOH consider cost-ineffective through
health technology assessment.
The Corporation may institute additional exclusions and
limitations as it may deem reasonable in keeping with its
protection objectives and financial sustainability.
SECTION 12.
Entitlement to Benefits. A member whose
premium contributions for at least three (3) months have been
paid within six (6) months prior to the first day of availment,
including those of the dependents, shall be entitled to the
benefits of the Program: Provided, That such member can
show that contributions have been made with sufficient
regularity: Provided, further, That the member is not currently
subject to legal penalties as provided for in Section 44 of this
Act.
The following need not pay the monthly contributions to be
entitled to the Program's benefits:
(a)
Retirees and pensioners of the SSS and GSIS prior to
the effectivity of this Act; and
(b)

Lifetime members.

SECTION 13.
Portability of Benefits. The corporation
shall develop and enforce mechanisms and procedures to
assure that benefits are portable across Offices.
ARTICLE IV

The Philippine Health Insurance Corporation

SECTION 14.
Creation and Nature of the Corporation.
There is hereby created a Philippine Health Insurance
Corporation, which shall have the status of a tax-exempt
government corporation attached to the Department of Health
for Policy coordination and guidance.
SECTION 15.
Exemption from Taxes and Duties. The
Corporation shall be exempt from the payment of taxes on all
contributions thereto and all accruals on its income or
investment earnings.
Any donation, contribution, bequest, subsidy or financial aid
which may be made to the Corporation shall constitute as
allowable deduction from the income of the donor for income
tax purposes and shall be exempt from donor's tax, subject to
such conditions as provided in the National Internal Revenue
Code, as amended.
SECTION 16.
Powers and Functions. The Corporation
shall have the following powers and functions:
a)

to administer the National Health Insurance Program;

b)
to formulate and promulgate policies for the sound
administration of the Program;
c)
To supervise the provision of health benefits and to
set standards, rules, and regulations necessary to ensure
quality of care, appropriate utilization of services, fund viability,
member satisfaction, and overall accomplishment of Program
objectives;
d)
to formulate and implement guidelines on
contributions and benefits; portability of benefits, cost
containment and quality assurance; and health care provider
arrangements, payment methods; and referral systems;
e)
to establish branch offices as mandated in Article V of
this Act;
f)
to receive and manage grants, donations, and other
forms of assistance;
g)

to sue and be sued in court;

h)
to acquire property, real and personal, which may be
necessary or expedient for the attainment of the purposes of
this Act;
i)
to collect, deposit, invest, administer, and disburse
the National Health Insurance Fund in accordance with the
provisions of this Act;
j)
To negotiate and enter into contracts with health care
institutions, professionals, and other persons, juridical or
natural, regarding the pricing, payment mechanisms, design
and implementation of administrative and operating systems
and procedures, financing, and delivery of health services in
behalf of its members;
k)
to authorize Local Health Insurance Offices to
negotiate and enter into contracts in the name and on behalf of
the Corporation with any accredited government or private
sector health provider organization, including but not limited to
health maintenance organizations, cooperatives and medical
foundations, for the provision of at least the minimum package

of personal health services prescribed by the Corporation;

cdasia
l)
to determine requirements and issue guidelines for
the accreditation of health care providers for the Program in
accordance with this Act;
(m)
To visit, enter and inspect facilities of health care
providers and employers during office hours, unless there is
reason to believe that inspection has to be done beyond office
hours, and where applicable, secure copies of their medical,
financial, and other records and data pertinent to the claims,
accreditation, premium contribution, and that of their patients
or employees, who are members of the Program;
n)
to organize its office, fix the compensation of and
appoint personnel as may be deemed necessary and upon the
recommendation of the president of the Corporation;
o)
to submit to the President of the Philippines and to
both Houses of Congress its Annual Report which shall contain
the status of the National Health Insurance Fund, its total
disbursements, reserves, average costings to beneficiaries,
any request for additional appropriation, and other data
pertinent to the implementation of the Program and publish a
synopsis of such report in two (2) newspapers of general
circulation;
(p)
To keep records of the operations of the Corporation
and investments of the National Health Insurance Fund;
(q)
To establish and maintain an electronic database of
all its members and ensure its security to facilitate efficient and
effective services;
(r)
To invest in the acceleration of the Corporation's
information technology systems;
(s)
To conduct an information campaign on the principles
of the NHIP to the public and to accredited health care
providers. This campaign must include the current benefit
packages provided by the Corporation, the mechanisms to
avail of the current benefit packages, the list of accredited and
disaccredited health care providers, and the list of
offices/branches where members can pay or check the status
of paid health premiums;
(t)
To conduct post-audit on the quality of services
rendered by health care providers;
(u)
To establish an office, or where it is not feasible,
designate a focal person in every Philippine Consular Office in
all countries where there are Filipino citizens. The office or the
focal person shall, among others, process, review and pay the
claims of the overseas Filipino workers (OFWs);
(v)
Notwithstanding the provisions of any law to the
contrary, to impose interest and/or surcharges of not
exceeding three percent (3%) per month, as may be fixed by
the Corporation, in case of any delay in the remittance of
contributions which are due within the prescribed period by an
employer, whether public or private. Notwithstanding the
provisions of any law to the contrary, the Corporation may also
compromise, waive or release, in whole or in part, such interest
or surcharges imposed upon employers regardless of the
amount involved under such valid terms and conditions it may
prescribe;

(w)
To endeavor to support the use of technology in the
delivery of health care services especially in farflung areas
such as, but not limited to, telemedicine, electronic health
record, and the establishment of a comprehensive health
database;

a)
Composition. The Corporation shall be governed
by a Board of Directors hereinafter referred to as the Board,
composed of the following members:

(x)
To monitor compliance by the regulatory agencies
with the requirements of this Act and to carry out necessary
actions to enforce compliance;

The Secretary of Labor and Employment or a

permanent representative;

(y)
To mandate the national agencies and LGUs to
require proof of PhilHealth membership before doing business
with a private individual or group;
(z)
To accredit independent pharmacies and retail drug
outlets; and
(aa)
To perform such other acts as it may deem
appropriate for the attainment of the objectives of the
Corporation and for the proper enforcement of the provisions of
this Act.
SECTION 17.
Quasi-Judicial Powers. The Corporation,
to carry out its tasks more effectively, shall be vested with the
following powers:
a)
Subject to the respondent's right to due process, to
conduct investigations for the determination of a question,
controversy, complaint, or unresolved grievance brought to its
attention, and render decisions, orders, or resolutions thereon.
It shall proceed to hear and determine the case even in the
absence of any party who has been properly served with notice
to appear. It shall conduct its proceedings or any part thereof in
public or in executive session; adjourn its hearings to any time
and place; refer technical matters or accounts to an expert and
to accept his reports as evidence; direct parties to be joined in
or excluded from the proceedings; and give all such directions
as it may deem necessary or expedient in the determination of
the dispute before it;
b)
to summon the parties to a controversy, issue
subpoenas requiring the attendance and testimony of
witnesses or the production of documents and other materials
necessary to a just determination of the case under
investigation;
c)
Subject to the respondent's right to due process, to
suspend temporarily, revoke permanently, or restore the
accreditation of a health care provider or the right to benefits of
a member and/or impose fines. The decision shall immediately
be executory, even pending appeal, when the public interest so
requires and as may be provided for in the implementing rules
and regulations. Suspension of accreditation shall not exceed
six (6) months. Suspension of the rights of members shall not
exceed six (6) months.
The revocation of a health care provider's accreditation shall
operate to disqualify him from obtaining another accreditation
in his own name, under a different name, or through another
person, whether natural or juridical.
The Corporation shall not be bound by the technical rules of
evidence.
SECTION 18.

The Board of Directors.

The Secretary of Health;

The Secretary of the Interior and Local Government

or a permanent representative;
The Secretary of Social Welfare and Development or
a permanent representative;
The Secretary of the Department of Finance (DOF) or
a permanent representative;
The President and Chief Executive Officer (CEO) of
the Corporation;
The SSS Administrator or a permanent
representative;
The GSIS General Manager or a permanent
representative;
The Vice Chairperson for the basic sector of the
National Anti-Poverty Commission or a permanent
representative;
The Chairperson of the Civil Service Commission
(CSC) or a permanent representative;
A permanent representative of Filipino migrant
workers;
A permanent representative of the members in the
informal economy;
A permanent representative of the members in the
formal economy;
A representative of employers;
A representative of health care providers to be
endorsed by their national associations of health care
institutions and medical health professionals;
A permanent representative of the elected local chief
executives to be endorsed by the League of Provinces, League
of Cities and League of Municipalities; and
An independent director to be appointed by the
Monetary Board.
The Secretary of Health shall be the ex officio Chairperson
while the President and CEO of the Corporation shall be the
Vice Chairperson of the Board.
b)
Appointment and Tenure. Except for ex officio
members, the other members of the Board shall be appointed
by the President of the Philippines in accordance with the
provisions of Republic Act No. 10149, otherwise known as the
'GOCC Governance Act of 2011': Provided, That sectoral
board members shall be appointed by the President of the
Philippines upon the recommendation of the Chairperson and
after due consultations with the sectors concerned.

The term of office of the appointive members of the Board shall

be in accordance with Republic Act No. 10149.
c)
Meetings and Quorum. The Board shall hold
regular meetings at least once a month. Special meetings may
be convened at the call of the Chairperson or by a majority of
the members of the Board. The presence of a majority of all
the members shall constitute a quorum. In the absence of the
Chairperson and Vice Chairperson, a temporary presiding
officer shall be designated by the majority of the quorum.
d)
Allowances and Per Diems The members of the
Board shall receive a per diem for every meeting actually
attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances.
SECTION 19.

The President of the Corporation.

(a)
Appointment and Tenure. The President of the
Philippines shall appoint the President and CEO of the
Corporation, hereinafter referred to as the President, upon the
recommendation of the Board. The President shall have a
tenure of one (1) year in accordance with the provisions of
Republic Act No. 10149.
b)
Duties and Functions The President shall have the
duty of advising the Board and carrying into effect its policies
and decisions. His functions are as follows:
1)
and

to act as the chief executive officer of the Corporation;

2)
to be responsible for the general conduct of the
operations and management functions of the Corporation and
for other duties assigned to him by the Board.
c)
Qualifications The President must a Filipino citizen
and must possess adequate and appropriate training and at
least five (5) years experience in the field of health care
financing and corporate management.
d)
Salary The President shall receive a salary to be
fixed by the Board, with the approval of the President of the
Philippines, payable from the funds of the Corporation.
e)
Prohibition To avoid conflict of interest, the
President must not be involved in any health care institution as
owner or member of its board.
SECTION 20.
Health Finance Policy Research. Among
the staff departments that will be established by the
Corporation shall be the Health Finance Policy Research
Department, which shall have the following duties and
functions:
a)
development of broad conceptual framework for
implementation of the Program through a national health
finance master plan to ensure sustained investments in health
care, and to provide guidance for additional appropriations
from the National Government;
b)
conduct of researches and studies toward the
development of policies necessary to ensure the viability,
adequacy and responsiveness of the Program;
c)
review, evaluation, and assessment of the Program's
impact on the access to as well as the quality and cost of
health care in the country;

d)
periodic review of fees, charges, compensation rates,
capitation rates, medical standards, health outcomes and
satisfaction of members, benefits, and other matters pertinent
to the operations of the Program;
e)
comparison in the delivery, quality, use, and cost of
health care services of the different Offices;
(f)
submission for consideration of program of quality
assurance, utilization review, and technology assessment;
(g)
submission of recommendations on policy and
operational issues that will help the Corporation meet the
objectives of this Act; and
(h)
conduct of client-satisfaction surveys and research in
order to assess outcomes of service rendered by health care
providers.
SECTION 21.
Actuary of the Corporation. An Office of
Actuary shall be created within the Corporation to conduct the
necessary actuarial studies and present recommendations on
insurance premium, investments and other related matters.
ARTICLE V
Local Health Insurance Office
SECTION 22.
Establishment. The Corporation shall
establish a Local Health Insurance Office, hereinafter referred
to as the Office, in every province or chartered city, or
wherever it is deemed practicable, to bring its services closer
to members of the Program. However, one office may serve
the needs of more than one province or city when the merged
operations will result in lower administrative cost and greater
cross-subsidy between rich and poor localities. casia
Provinces and cities where prospective members are
organized shall receive priority in the establishment of local
health insurance offices.
SECTION 23.
Functions. Each Office shall have the
following powers and functions:
a)
to consult and coordinate, as needed, with the local
government units within its jurisdiction in the implementation of
the Program;
b)
to recruit and register members of the Program from
all areas within its jurisdiction;
c)
to collect and receive premiums and other payment
contributions to the Program;
d)
to maintain and update the membership eligibility list
at community levels;
e)
to supervise the conduct of means testing which shall
be based on the criteria set by the Corporation and undertaken
by the Barangay Captain in coordination with the social welfare
officer and community-based health care organizations to
determine the economic status of all households and
individuals, including those who are indigent;
f)
to issue health insurance ID cards to persons whose
premiums have been paid according to the requirements of the
Office and the guidelines issued by the Board;

g)
to recommend to the Board premium schedules that
provide for lower rates to be paid by members whose
dependents include those with reduced probability of
utilization, as in fully immunized children;

(c)
Subsequent appropriations provided for under
Sections 46 and 47 of this Act;
(d)

Donations and grants-in-aid; and

h)
to recommend to the Board a contribution schedule
which specifies contribution levels by individuals and
households, and a corresponding uniform package of personal
health service benefits which is at least equal to the minimum
package of such benefits prescribed by the Board as applying
to the nation;

(e)

All accruals thereof.

i)
to grant or deny accreditation to health care providers
in their area of jurisdiction, subject to the rules and regulations
to be issued by the Board;
j)
to process, review and pay the claims of providers,
within a period not exceeding sixty (60) days whenever
applicable in accordance with the rules and guidelines of the
Corporation;
k)
to pay fees, as necessary, for claims review and
processing when such are conducted by the central office of
the Corporation or by any of its contractors;
l)
to establish referral systems and network
arrangements with other Offices, as may be necessary and
following the guidelines set by the Corporation;
m)
to establish mechanisms by which private and public
sector health facilities and human resources may be shared in
the interest of optimizing the use of health resources;
n)
to support the management information system
requirements of the Corporation;
o)
cases;

to serve as the first level for appeals and grievance

p)
to tap community-based volunteer health workers and
barangay officials, if necessary, for member recruitment,
premium collection and similar activities, and to grant such
workers incentives according to the guidelines set by the
Corporation and in accordance with applicable laws. However,
the incentives for the barangay officials shall accrue to the
barangay and not to the said officials.
q)
to participate in information and education activities
that are consistent with the government's priority programs on
disease prevention and health promotion; and
r)
to prepare an annual report according to guidelines
set by the Board and to submit the same to the central office of
the Corporation.
ARTICLE VI
The National Health Insurance Fund
SECTION 24.
Creation of the National Health Insurance
Fund. There is hereby created a National Health Insurance
Fund, hereinafter referred to as the Fund, that shall consist of:
(a)

Contribution from Program members;

(b)
Other appropriations earmarked by the national and
local governments purposely for the implementation of the
Program;

SECTION 25.
Components of the National Health
Insurance Fund. The National Health Insurance Fund shall
have the following components:
a)
The Basic Benefit Fund. This Fund shall finance
the availment of the basic minimum benefit package by eligible
beneficiaries. All liabilities associated with the extension of
entitlement to the basic minimum benefit package to the
enrolled population shall be borne by the basic benefit fund. It
shall be constituted and maintained through the following
process:
1)
upon the determination of the amount of government
subsidies and donations available for paying fully or partially
the premium of indigent beneficiaries, a basic minimum benefit
package affordable for enrolling as many of the indigent
beneficiaries as possible shall be defined. The government
subsidies will then be constituted as premium payments for
enrolled indigents and contributed into the basic benefit fund.
2)
for extending coverage of this same minimum benefit
package to non-indigents who are not members of Medicare,
premium prices for specific population shall be actuarially
determined based on variations in risk, capacity to pay, and
projected costs of services utilized. The amounts
corresponding to the premium required, including costs of
direct benefit payments, all costs of administration, and
provision of adequate reserves, for extending the coverage of
the basic minimum benefit package for such population groups
shall be contributed into the basic benefit fund.
3)
for the population enrolled through Medicare Program
I under SSS, the corresponding premium for the basic
minimum benefit package, including costs of direct benefit
payments, all costs of administration, and provision of
adequate reserves, shall be charged to the health insurance
fund of the SSS and paid into the basic benefit fund;
4)
for the population enrolled through Medicare Program
I under GSIS, the corresponding premium for the basic
minimum benefit package, including costs of direct benefit
payments, all costs of administration, and provision of
adequate reserves, shall be charged to the health insurance
fund of the GSIS and paid into the basic benefit fund; and,
5)
for groups enrolled through any of the existing or
future health insurance schemes and plans, including those
created under Medicare Programs II and those organized by
local government units, national agencies, cooperatives, and
other similar organizations, the corresponding premium,
including costs of direct benefit payments, all costs of
administration, and provision of adequate reserves, for
extending the basic minimum benefit package to their
respective enrollees will be charged to their respective funds
and paid into the basic benefit fund.
b)
Supplementary Benefit Funds. These are separate
and distinct supplementary benefit funds created by the
Corporation as eligible for use to provide supplementary
coverage to various groups of the population enjoying the

basic benefit coverage as are affordable by their respective

funding sources. Each supplementary benefit fund shall
finance the extension and availment of additional benefits not
included in the basic minimum benefit package but approved
by the Board. Such supplementary benefits shall be financed
by whatever amounts are available after deducting the costs of
providing the basic minimum benefit package, including costs
of direct benefit payments, all costs of administration, and
provision of adequate reserves. All liabilities associated with
the extension of supplementary benefits to the defined group of
enrollees shall be borne exclusively by the respective
supplementary benefit fund. Upon the implementation of this
Act, the following supplementary benefit funds shall be
established:
1)
supplementary benefit fund for SSS-Medicare
members and beneficiaries. After deducting the amount
corresponding to the premium of the basic minimum benefit
package, the balance of the SSS-Health Insurance Fund (HIF)
shall be constituted into a supplementary benefit fund to
finance the extension of benefits in addition to the minimum
basic package to SSS members and beneficiaries; and
2)
supplementary benefit fund for GSIS-Medicare
members and beneficiaries. After deducting the amount
corresponding to the premium for the basic minimum benefit
package, the balance of the GSIS-HIF plus the arrearages of
the Government of the Philippines with the GSIS for the said
HIF shall be constituted into a supplementary benefit fund to
finance the extension of benefits in addition to the minimum
basic package to GSIS members and beneficiaries.
In accordance with the principles of equity and social solidarity,
as enunciated in Section 2 of this Act, the above
supplementary benefit funds shall be maintained for not more
than five (5) years, after which, such funds shall be merged
into the basic benefit fund.
SECTION 26.
Financial Management. The use,
disposition, investment, disbursement, administration and
management of the National Health Insurance Fund, including
any subsidy, grant or donation received for program operations
shall be governed by applicable laws and in the absence
thereof, existing resolutions of the Board of Directors of the
Corporation, subject to the following limitations:
(a)
All funds under the management and control of the
Corporation shall be subject to all rules and regulations
applicable to public funds.
(b)
The Corporation is authorized to charge to the various
funds under its control the costs of administering the Program.
Such costs may include administration, monitoring, marketing
and promotion, research and development, audit and
evaluation, information services, and other necessary activities
for the effective management of the Program. The total annual
costs for these shall not exceed the sum total of the following:

The period for implementation of the cost ceiling provided

under this section shall not be later than five (5) years from the
effectivity of this Act during which period, the total annual cost
shall not exceed the sum total of the following:
(i)

Five percent (5%) of the total contributions;

(ii)

Five percent (5%) of the total reimbursements; and

(iii)
Five percent (5%) of the investment earnings
generated during the immediately preceding year.
SECTION 27.
Reserve Fund. The Corporation shall set
aside a portion of its accumulated revenues not needed to
meet the cost of the current year's expenditures as reserve
funds: Provided, That the total amount of reserves shall not
exceed a ceiling equivalent to the amount actuarially estimated
for two (2) years' projected Program expenditures: Provided,
further, That whenever actual reserves exceed the required
ceiling at the end of the Corporation's fiscal year, the excess of
the Corporation's reserve fund shall be used to increase the
Program's benefits, decrease the member's contributions, and
augment the health facilities enhancement program of the
DOH.
The remaining portion of the reserve fund that are not needed
to meet the current expenditure obligations or used for the
abovementioned programs shall be placed in investments to
earn an average annual income at prevailing rates of interest
and shall be known as the 'Investment Reserve Fund' which
shall be invested in any or all of the following:
(a)
In interest-bearing bonds, securities or other
evidences of indebtedness of the Government of the
Philippines, or in bonds, securities, promissory notes and other
evidences of indebtedness to which full faith and credit and
unconditional guarantee of the Republic of the Philippines is
pledged;
(b)
In debt securities and corporate bonds issuances:
Provided, That such securities and bonds are rated triple 'A' by
authorized accredited domestic rating agencies: Provided,
further, That the issuing or assuming entity or its predecessor
shall not have defaulted in the payment of interest on any of its
securities and that during each of any three (3) including last
two (2) of the five (5) fiscal years next preceding the date of
acquisition by the Corporation of such bonds, securities or
other evidences of indebtedness, the net earnings of the
issuing or assuming institution available for its recurring
expenses, such as amortization of debt discount and rentals
for leased properties, including interest on funded and
unfunded debt, shall have been not less than one and one
quarter (1 1/4) times the total of the recurring expenses for
such year: Provided, further, That such investment shall not
exceed fifteen percent (15%) of the investment reserve fund;

(2)
Four percent (4%) of the total reimbursements or total
cost of health services paid by the Corporation in the
immediately preceding year; and

(c)
In interest-bearing deposits and loans to or securities
in any domestic bank doing business in the Philippines:
Provided, That in the case of such deposits, this shall not
exceed at any time the unimpaired capital and surplus or total
private deposits of the depository bank, whichever is smaller:
Provided, further, That said bank shall first have been
designated as a depository for this purpose by the Monetary
Board of the Bangko Sentral ng Pilipinas; STcADa

(3)
Five percent (5%) of the investment earnings
generated during the immediately preceding year.

(d)
In preferred stocks of any solvent corporation or
institution created or existing under the laws of the Philippines:

(1)
Four percent (4%) of the total premium contributions
collected during the immediately preceding year;

Provided, That the issuing, assuming, or guaranteeing entity or

its predecessor has paid regular dividends upon its preferred
or guaranteed stocks for a period of at least three (3) years
immediately preceding the date of investment in such preferred
or guaranteed stocks: Provided, further, That if the stocks are
guaranteed the amount of stocks so guaranteed is not in
excess of fifty percent (50%) of the amount of the preferred
common stocks as the case may be of the issuing corporation:
Provided, furthermore, That if the corporation or institution has
not paid dividends upon its preferred stocks, the corporation or
institution has sufficient retained earnings to declare dividends
for at least two (2) years on such preferred stocks and in
common stocks of any solvent corporation or institution created
or existing under the laws of the Philippines in the stock
exchange with proven track record of profitability and payment
of dividends over the last three (3) years; and
(e)
In bonds, securities, promissory notes or other
evidences of indebtedness of accredited and financially sound
medical institutions exclusively to finance the construction,
improvement and maintenance of hospitals and other medical
facilities: Provided, That such securities and instruments are
backed up by the guarantee of the Republic of the Philippines
or the issuing medical institution and the issued securities and
bonds are both rated triple 'A' by authorized accredited
domestic rating agencies: Provided, further, That said
investments shall not exceed ten percent (10%) of the total
investment reserve fund.
As part of its investments operations, the Corporation may hire
institutions with valid trust licenses as its external local fund
managers to manage the investment reserve fund, as it may
deem appropriate, through public bidding. The fund managers
shall submit annual reports on investment performance to the
Corporation. "The Corporation shall set up the following funds:
(1)
A fund to secure benefit payouts to members prior to
their becoming lifetime members;
(2)

A fund to secure payouts to lifetime members; and

(3)
A fund for any optional supplemental benefits that are
subject to additional contributions.
A portion of each of the above funds shall be identified as
current and kept in liquid instruments. In no case shall said
portion be considered part of invested assets.
Another portion of the said funds shall be allocated for lifetime
members within six (6) months after the effectivity of this Act.
Said amount shall be determined by an actuary or precalculated based on the most recent valuation of liabilities.
The Corporation shall allocate a portion of all contributions to
the fund for lifetime members based on an allocation to be
determined by the PHIC actuary based on a pre-determined
percentage using the current average age of members and the
current life expectancy and morbidity curve of Filipinos.
The Corporation shall manage the supplemental benefits and
the lifetime members' fund in an actuarially sound manner.
The Corporation shall manage the supplemental benefits fund
to the minimum required to ensure that the supplemental
benefit payments are secure.
ARTICLE VII

Financing
SECTION 28.
Contributions. All members who can
afford to pay shall contribute to the Fund, in accordance with a
reasonable, equitable and progressive contribution schedule to
be determined by the Corporation on the basis of applicable
actuarial studies and in accordance with the following
guidelines:
(a)
Members in the formal economy and their employers
shall continue paying the same monthly contributions as
provided for by law until such time that the Corporation shall
have determined a new contribution schedule: Provided, That
their monthly contributions shall not exceed five percent (5%)
of their respective monthly salaries.
It shall be mandatory for all government agencies to
include the payment of premium contribution in their respective
annual appropriations: Provided, further, That any increase in
the premium contribution of the national government as
employer shall only become effective upon inclusion of said
amount in the annual General Appropriations Act.
(b)
Contributions from members in the informal economy
shall be based primarily on household earnings and assets.
Those from the lowest income segment who do not qualify for
full subsidy under the means test rule of the DSWD shall be
entirely subsidized by the LGUs or through cost sharing
mechanisms between/among LGUs and/or legislative sponsors
and/or other sponsors and/or the member, including the
national government: Provided, That the identification of
beneficiaries who shall receive subsidy from LGUs shall be
based on a list to be provided by the DSWD through the same
means test rule or any other appropriate statistical method that
may be adopted for said purpose.
(c)
Contributions made in behalf of indigent members
shall not exceed the minimum contributions for employed
members.
(d)
The required number of monthly premium
contributions to qualify as a lifetime member may be increased
by the Corporation to sustain the financial viability of the
Program: Provided, That the increase shall be based on
actuarial estimate and study.
SECTION 29.
Payment for Indigent Contributions.
Premium contributions for indigent members as identified by
the DSWD through a means test or any other appropriate
statistical method shall be fully subsidized by the national
government. The amount necessary shall be included in the
appropriations for the DOH under the annual General
Appropriations Act.
SECTION 29-A. Payment for Sponsored Members'
Contributions.
(a)
The premium contributions of orphans, abandoned
and abused minors, out-of-school youths, street children,
PWDs, senior citizens and battered women under the care of
the DSWD, or any of its accredited institutions run by NGOs or
any nonprofit private organizations, shall be paid by the DSWD
and the funds necessary for their inclusion in the Program shall
be included in the annual budget of the DSWD.

(b)
The needed premium contributions of all barangay
health workers, nutrition scholars and other barangay workers
and volunteers shall be fully borne by the LGUs concerned.
(c)
The annual premium contributions of househelpers
shall be fully paid by their employers, in accordance with the
provisions of Republic Act No. 10361 or the 'Kasambahay
Law'.
SECTION 29-B. Coverage of Women About to Give Birth.
The annual required premium for the coverage of unenrolled
women who are about to give birth shall be fully borne by the
national government and/or LGUs and/or legislative sponsor
which shall be determined through the means testing protocol
recognized by the DSWD.
ARTICLE VIII
Health Care Providers
SECTION 30.
Free Choice of Health Facility, Medical or
Dental Practitioner. Beneficiaries requiring treatment or
confinement shall be free to choose from accredited health
care providers. Such choice shall, however, be subject to
limitations based on the area of jurisdiction of the concerned
Office and on the appropriateness of treatment in the facility
chosen or by the desired provider.
SECTION 31.
Authority to Grant Accreditation. The
Corporation shall have the authority to grant to health care
providers accreditation which confers the privilege of
participating in the Program.
SECTION 32.
Accreditation Eligibility. All health care
providers, as enumerated in Section 4(o) hereof and operating
for at least three (3) years may apply for accreditation:
Provided, That a health care provider which has not operated
for at least three (3) years may likewise apply and qualify for
accreditation if it complies with all the other accreditation
requirements of and further meets any of the following
conditions:

c)
acceptance of the payment mechanisms specified in
the following section;
d)
adoption of referral protocols and health resources
sharing arrangements;
e)

recognition of the rights of patients; and

f)
acceptance of information system requirements and
regular transfer of information.
SECTION 34.
Provider Payment Mechanisms. The
following mechanisms for public and private providers shall be
allowed in the Program:
(a)
Fee-for-service payments payments made by the
Corporation for professional fees or hospital charges, or both,
based on arrangements with health care providers. This fee
shall be based on a schedule to be established by the Board
which shall be reviewed periodically but hot less than every
three (3) years;
(b)
Capitation of health care professionals and facilities,
or networks of the same including HMOs, medical
cooperatives, and other legally formed health service groups;
(c)

Case-based payment;

(d)

Global budget; and

(e)
Such other provider payment mechanisms that may
be determined and adopted by the Corporation.
Subject to the approval of the Board, the Corporation may
adopt other payment mechanism that are most beneficial to the
members and the Corporation.
Each PhilHealth local office shall recommend the appropriate
payment mechanism within its jurisdiction for approval by the
Corporation. Special consideration shall be given to payment
for services rendered by public and private health care
providers serving remote or medically underserved areas.

(a)
Its managing health care professional has had a
working experience in another accredited health care institution
for at least three (3) years;

SECTION 34-A. Other Provider Payment Guidelines. No

other fee or expense shall be charged to the indigent patient,
subject to the guidelines issued by the Corporation.

(b)

All payments for professional services rendered by salaried

public providers shall be allowed to be retained by the health
facility in which services are rendered and be pooled and
distributed among health personnel. Charges paid to public
facilities shall be retained by the individual facility in which
services were rendered and for which payment was made.
Such revenues shall be used to primarily defray operating
costs other than salaries, to maintain or upgrade equipment,
plant or facility, and to maintain or improve the quality of
service in the public sector.

It operates as a tertiary facility or its equivalent;

(c)
It operates in a LGU where the accredited health care
provider cannot adequately or fully service its population; and
(d)
Other conditions as may be determined by the
Corporation.
A health care provider found guilty of any violation of this Act
shall not be eligible to apply for the renewal of accreditation.
SECTION 33.
Minimum Requirements for Accreditation.
The minimum accreditation requirements for health care
providers are as follows:
a)
human resource, equipment and physical structure in
conformity with the standards of the relevant facility, as
determined by the Department of Health;
b)
acceptance of formal program of quality assurance
and utilization review;

SECTION 35.
Reimbursement and Period to File Claims.
All claims for reimbursement or payment for services
rendered shall be filed within a period of sixty (60) calendar
days from the date of discharge of the patient from the health
care provider.
The period to file the claim may be extended for such
reasonable causes determined by the Corporation.
SECTION 36.
Role of Local Government Units (LGUs).
Consistent with the mandates for each political subdivision

under Republic Act No. 7160 or 'The Local Government Code

of 1991', LGUs shall provide basic health care services.
To augment their funds, LGUs shall invest the capitation
payments given to them by the Corporation on health
infrastructures or equipment, professional fees, drugs and
supplies, or information technology and database: Provided,
That basic health care services, as defined by the DOH and
the Corporation, shall be ensured especially with the end in
view of improving maternal, infant and child health: Provided,
further, That the capitation payments shall be segregated and
placed into a special trust fund created by LGUs and be
accessed for the use of such mandated purpose.
SECTION 37.
Quality Assurance. Under the guidelines
approved by the Corporation and in collaboration with their
respective Offices, health care providers shall take part in
programs of quality assurance, utilization review, and
technology assessment that have the following objectives:

ARTICLE IX
Grievance and Appeal
SECTION 39.
Grievance System. A system of grievance
is hereby established, wherein members, dependents, or
health care providers of the Program who believe they have
been aggrieved by any decision of the implementors of the
Program, may seek redress of the grievance in accordance
with the provisions of this Article.
SECTION 40.
Grounds for Grievances. The following
acts shall constitute valid grounds for grievance action:
a)

b)
a willful neglect of duties of Program implementors
that results in the loss or non-enjoyment of benefits by
members or their dependents;
c)

a)
to ensure that the quality of personal health services
delivered, measured in terms of inputs, process, and
outcomes, are of reasonable quality in the context of the
Philippines over time;
b)
to ensure that the health care standards are uniform
within the Office's jurisdiction and eventually throughout the
nation; and
c)
to see to it that the acquisition and use of scarce and
expensive medical technologies and equipment are consistent
with actual needs and standards of medical practice, and that:
1)
the performance of medical procedures and the
administration of drugs are appropriate, necessary and
unquestionably consistent with accepted standards of medical
practice and ethics. Drugs for which payments will be made
shall be those included in the Philippine National Drug
Formulary, unless explicit exception is granted by the
Corporation.
2)
the performance of medical procedures and the
administration of drugs are appropriate, consistent with
accepted standards of medical practice and ethics, and
respectful of the local culture.
SECTION 38.
Safeguards Against Over and Under
Utilization. It is incumbent upon the Corporation to set up a
monitoring mechanism to be operationalized through a contract
with health care providers to ensure that there are safeguards
against:
a)

over-utilization of services;

b)
unnecessary diagnostic and therapeutic procedures
and intervention;
c)

irrational medication and prescriptions;

d)

under-utilization of services; and

e)

inappropriate referral practices.

The Corporation may deny or reduce the payment for claims

when such claims are attended by false or incorrect
information and when the claimants fails without justifiable
cause to comply with the pertinent rules and regulations of this
Act.

any violation of the rights of patients;

unjustifiable delay in actions on claims;

d)
delay in the processing of claims that extends beyond
the period agreed upon; and
e)
any other act or neglect that tends to undermine or
defeat the purposes of this Act.
SECTION 41.
Grievance and Appeal Procedures. A
member, a dependent, or a health care provider may file a
complaint for grievance based on any of the above grounds, in
accordance with the following procedures:
(a)
A complaint for grievance must be filed with the
Corporation which shall refer such complaint to the Grievance
and Appeal Review Committee. The Grievance and Appeal
Review Committee shall rule on the complaint through a notice
of resolution within sixty (60) calendar days from receipt
thereof.
(b)
Appeals from the decision of the Grievance and
Appeal Review Committee must be filed with the Board within
thirty (30) calendar days from receipt of the notice of
resolution.
c)
The Offices shall have no jurisdiction over any issue
involving the suspension or revocation of accreditation, the
imposition of fines, or the imposition of charges on members or
their dependents in case of revocation of their entitlement.
d)
All decisions by the Board as to entitlement to
benefits of members or to payments of health care providers
shall be considered final and executory.
SECTION 42.
Grievance and Appeal Review Committee.
The Board shall create a Grievance and Appeal Review
Committee, composed of five (5) members, hereinafter
referred to as the Committee, which, subject to the procedures
enumerated above, shall receive and recommend appropriate
action on complaints from members and health care providers
relative to this Act and its implementing rules and regulations.
The Committee shall have as one of its members a
representative of any of the accredited health care providers as
endorsed by the DOH.
SECTION 43.
Hearing Procedures of the Committee.
Upon the filing of the complaint, the Grievance and Appeal
Review Committee, from a consideration of the allegations

thereof, may dismiss the case outright due to lack of

verification, failure to state the cause of action, or any other
valid ground for the dismissal of the complaint after
consultation with the Board; or require the respondent to file a
verified answer within five (5) days from service of summons.
Should the defendant fail to answer the complaint within the
reglementary five-day period herein provided, the Committee,
motu proprio or upon motion of the complainant, shall render
judgments as may be warranted by the facts alleged in the
complainant and limited to what is prayed for therein.
After an answer is filed and the issues are joined, the
Committee shall require the parties to submit, within ten (10)
days from receipt of the order, the affidavits of witnesses and
other evidence on the factual issues defined therein, together
with a brief statement of their positions setting forth the law and
the facts relied upon by them. In the event the Committee
finds, upon consideration of the pleadings, the affidavits and
other evidence, and position statements submitted by the
parties, that a judgment may be rendered thereon without need
of a formal hearing, it may proceed to render judgment not
later than ten (10) days from the submission of the position
statements of the parties.
In cases where the Committee deems it necessary to hold a
hearing to clarify specific factual matters before rendering
judgment, it shall set the case for hearing for the purpose. At
such hearing, witnesses whose affidavits were previously
submitted may be asked clarificatory questions by the
proponent and by the Committee and may be cross-examined
by the adverse party. The order setting the case of hearing
shall specify the witnesses who will be called to testify, and the
matters on which their examination will deal. The hearing shall
be terminated within fifteen (15) days, and the case decided by
the Committee within fifteen (15) days from such termination.
cdtai
The decision of the Committee shall become final and
executory fifteen (15) days after notice thereof: Provided,
however, That it is appealable to the Board by filing the
appellant's memorandum of appeal within fifteen (15) days
from receipt of the copy of the judgment appealed from. The
appellees shall be given fifteen (15) days from notice to file the
appellee's memorandum after which the Board shall decide the
appeal within thirty (30) days from the submittal of the said
pleadings.
The decision of the Board shall also become final and
executory fifteen (15) days after notice thereof: Provided,
however, That it is reviewable by the Supreme Court on purely
questions of law in accordance with the Rules of Court.
The Committee and the Board, in the exercise of their quasijudicial function, as specified in Section 17 hereof, can
administer oaths, certify to official acts and issue subpoena to
compel the attendance and testimony of witnesses, and
subpoena duces tecum or ad testificandum to enjoin the
production of books, papers and other records and to testify
therein on any question arising out of this Act. Any case of
contumacy shall be dealt with in accordance with the
provisions of the Revised Administrative Code and the Rules of
Court. The Board or the Committee, as the case may be, shall
prescribe the necessary administrative sanctions such as fines,
warnings, suspension or revocation of the right to participate in
the Program.

In all its proceedings, the Committee and the Board shall not
be bound by the technical rules of evidence: Provided,
however, That the Rules of Court shall apply with suppletory
effect.
ARTICLE X
Penalties
SECTION 44.
Penal Provisions. Any violation of the
provisions of this Act, after due notice and hearing, shall suffer
the following penalties:
(a)
Violation by an Accredited Health Care Provider
Any accredited health care provider who commits a violation,
abuse, unethical practice or fraudulent act which tends to
undermine or defeat the objectives of the Program shall be
punished with a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos
(P100,000.00) or suspension of accreditation from three (3)
months to the whole term of accreditation, or both, at the
discretion of the Corporation: Provided, That recidivists may no
longer be accredited as a participant of the Program;
(b)
Violations of a Member Any member who commits
any violation of this Act independently or in connivance with
the health care provider for purposes of wrongfully claiming
NHIP benefits or entitlement shall be punished with a fine of
not less than Five thousand pesos (P5,000.00) or suspension
from availment of NHIP benefits for not less than three (3)
months but not more than six (6) months, or both, at the
discretion of the Corporation.
(c)

Violations of an Employer

(1)
Failure/Refusal to Register/Deduct/Remit the
Contributions Any employer who fails or refuses to register
employees, regardless of their employment status, or to deduct
contributions from the employee's compensation or remit the
same to the Corporation shall be punished with a fine of not
less than Five thousand pesos (P5,000.00) multiplied by the
total number of employees of the firm.
Any employer or any officer authorized to collect
contributions under this Act who, after collecting or deducting
the monthly contributions from his employee's compensation,
fails to remit the said contributions to the Corporation within
thirty (30) days from the date they become due shall be
presumed to have misappropriated such contributions.
(2)
Unlawful Deductions Any employer or officer who
shall deduct directly or indirectly from the compensation of the
covered employees or otherwise recover from them his own
contribution on behalf of such employees shall be punished
with a fine of Five thousand pesos (P5,000.00) multiplied by
the total number of affected employees.
If the act or omission penalized by this Act be
committed by an association, partnership, corporation or any
other institution, its managing directors or partners or president
or general manager, or other persons responsible for the
commission of the said act shall be liable for the penalties
provided for in this Act.
(3)
Misappropriation of Funds by Employees of the
Corporation Any employee of the Corporation who receives
or keeps funds or property belonging, payable or deliverable to

the Corporation, and who shall appropriate the same, or shall

take or misappropriate or shall consent, or through
abandonment or negligence shall permit any other person to
take such property or funds wholly or partially, shall likewise be
liable for misappropriation of funds or property and shall be
punished with a fine not less than Ten thousand pesos
(P10,000.00) nor more than Twenty thousand pesos
(P20,000.00). Any shortage of the funds or loss of the property
upon audit shall be deemed prima facie evidence of the
offense.

SECTION 48.
Appointment of Board Members. Within
thirty (30) days from the date of effectivity of this Act, the
President of the Philippines shall appoint the members of the
Board and the President of the Corporation.

(d)
Other Violations Other violations of the provisions
of this Act or of the rules and regulations promulgated by the
Corporation shall be punished with a fine of not less than Five
thousand pesos (P5,000.00) but not more than Twenty
thousand pesos (P20,000.00).

SECTION 50.
Promulgation. Within one (1) year from its
initial meeting, the Board shall promulgate the aforementioned
rules and regulations in at least two (2) national newspapers of
general circulation. But until such time that the Corporation
shall have promulgated said rules and regulations, the existing
rules and regulations of the PMCC shall be followed. The
present Medicare Program shall continue to be so
administered, until the Corporation's Board deems the new
system as ready for implementation in accordance with the
provisions of this Act.

All other violations involving funds of the Corporation shall be

governed by the applicable provisions of the Revised Penal
Code or other laws, taking into consideration the rules on
collection, remittances, and investment of funds as may be
promulgated by the Corporation.
The Corporation may enumerate circumstances that will
mitigate or aggravate the liability of the offender or erring
health care provider, member or employer.
Despite the cessation of operation by a health care provider or
termination of practice of an independent health care
professional while the complaint is being heard, the proceeding
against them shall continue until the resolution of the case.

SECTION 49.
Implementing Rules and Regulations.
Within sixty (60) days from the effectivity of this Act, the
Corporation, in coordination with the DOH, shall issue the
necessary rules and regulations for its effective
implementation.

SECTION 51.
Merger. Within sixty (60) days from the
promulgation of the implementing rules and regulations, all
functions and assets of the Philippine Medical Care
Commission shall be merged with those of the Corporation
without need of conveyance, transfer or assignment. The
PMCC shall thereafter cease to exist.
The liabilities of the PMCC shall be treated in accordance with
existing laws and pertinent rules and regulations.

The dispositive part of the decision requiring payment of fines,

reimbursement of paid claim or denial of payment shall be
immediately executory.

To the greatest extent possible and in accordance with existing

laws, all employees of the PMCC shall be absorbed by the
Corporation.

ARTICLE XI

SECTION 52.
Transfer of Health Insurance Funds of the
SSS and GSIS. The Health Insurance Funds being
administered by the SSS and GSIS shall be transferred to the
Corporation within sixty (60) days from the promulgation of the
implementing rules and regulations. The SSS and GSIS shall,
however, continue to perform Medicare functions under
contract with the Corporation until such time that such
functions are assumed by the Corporation, in accordance with
the following Section.

Appropriations
SECTION 45.
Initial Appropriation. The unexpended
portion of the budget of the Philippine Medical Care
Commission (PMCC) for the year during which this Act was
approved shall be utilized for establishing the Corporation and
initiating its operations, including the formulation of the rules
and regulations necessary for the implementation of this Act.
In addition, initial funding shall come from any unappropriated
but available fund of the Government.
SECTION 46.
Subsequent Appropriations. Starting 1995
and thereafter, twenty-five percent (25%) of the increment in
total revenue collected under Republic Act No. 7654 shall be
appropriated in the General Appropriations Act solely for the
National Health Insurance Fund.
In addition, starting 1996 and thereafter, twenty-five percent
(25%) of the incremental revenue from the increase in the
documentary stamp taxes under Republic Act No. 7660 shall
likewise be appropriated solely for the said fund. casia
SECTION 47.
Additional Appropriations. The
Corporation may request Congress to appropriate
supplemental funding to meet targeted milestones of the
Program in accordance with Section 10(d) of this Act.
ARTICLE XII
Transitory Provisions

SECTION 53.
Transfer of the Medicare Functions of the
SSS and GSIS. Within five (5) years from the promulgation
of the implementing rules and regulations, the functions,
assets, equipment, records, operating systems, and liabilities,
if any, of the Medicare operations of the SSS and GSIS shall
be transferred to the Corporation; Provided, however, That the
SSS and GSIS shall continue performing its Medicare
functions beyond the stipulated five-year period if such
extension will benefit Program members, as determined by the
Corporation.
Personnel of the Medicare departments of the SSS and GSIS
shall be given priority in the hiring of the Corporation's
employees.
ARTICLE XIII
Miscellaneous Provisions
SECTION 54.
Oversight Provision. There is hereby
created a Joint Congressional Oversight Committee to conduct

a regular review of the NHIP which shall entail a systematic

evaluation of the Program's performance, impact or
accomplishments with respect to its objectives or goals. The
Oversight Committee shall be composed of five (5) members
from the Senate and five (5) members from the House of
Representatives to be appointed by the Senate President and
the Speaker of the House of Representatives, respectively.
The Oversight Committee shall be jointly chaired by the
Chairpersons of the Senate Committee on Health and
Demography and the House of Representatives Committee on
Health.
The National Economic and Development Authority, in
coordination with the National Statistics Office and the National
Institutes of Health of the University of the Philippines shall
undertake studies to validate the accomplishments of the
Program. Such validation studies shall include an assessment
of the enrollees' satisfaction of the benefit package and
services provided by the Corporation. These validation studies,
as well as an annual report, on the performance of the
Corporation shall be submitted to the Congressional Oversight
Committee.
The Corporation shall annually transfer 0.001% of its income in
the previous year for the purpose of conducting these studies.
SECTION 55.
Information Campaign. There shall be
provided a substantial period of time to undertake an intensive
public information campaign prior to the implementation of the
rules and regulations of this Act.
SECTION 56.
Requisites for Issuance or Renewal of
License or Permits. Notwithstanding any law to the contrary,
all government agencies issuing professional or business
license or permit, shall require all applicants to submit
certificate or proof of payment of PhilHealth premium
contributions, prior to the issuance or renewal of such license
or permit.
SECTION 57.
Separability Clause. In the event any
provision of this Act or the application of such provision to any
person or circumstances is declared invalid, the remainder of
this Act or the application of said provisions to other persons or
circumstances shall not be affected by such declaration.
SECTION 58.
Repealing Clause. Executive Order 119,
Presidential Decree 1519 and other laws currently applying to
the administration of Medicare are hereby repealed. All other
laws, executive orders, administrative rules and regulations or
parts thereof which are inconsistent with the provisions of this
Act also hereby amended, modified, or repealed accordingly.
SECTION 59.
Government Guarantee. The Government
of the Philippines guarantees the financial viability of the
Program. cdt
SECTION 60.
Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least three (3) national
newspapers of general circulation.
Approved: February 14, 1995