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Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
three.
ARTICLE 1
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the "Newborn Screening Act of
2004."
SEC. 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 non-government 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.
SEC. 3. Objectives. - The objectives of the National Newborn Screening System are:
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;
2) To establish and integrate a sustainable newborn screening system within 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
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.
ARTICLE 2
DEFINITION OF TERMS
SEC. 4. Definitions. - Under this Act, the following terms shall have the meanings
respectively given to them below:
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 of
dietary prescriptions.
5) Heritable condition means any condition 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.
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.
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 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
SEC. 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).
SEC. 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.
SEC. 8. Continuing Education, Re-education and Training 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 material and pediatric care.
SEC. 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
SEC. 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:
2) Develop the implementing rules and regulations for the immediate implementation
of a nationwide newborn screening program within one hundred eight (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.
The Committee shall be composed of eight (8) members, including the Secretary of Health
who shall act as Chairman. 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) years period for each extension.
The Committee shall meet at least twice a year. The NIH shall serve as the Secretariat of the
Committee.
SEC. 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 for 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.
SEC. 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.
SEC. 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.
SEC. 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 cases 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 on
Newborn Screening.
SEC. 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.
ARTICLE 5
FINAL PROVISIONS
SEC. 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.
SEC. 18. Separability. - If, for any reason or reasons, any party 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.
SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
Approved,
This Act which is consolidation of Senate No. 2707 and House Bill No. 6625 was finally
passed by the Senate and the House of Representatives on February 2, 2004 and February 5,
2004, respectively
GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
nine.
Section 1. Short Title. - This Act shall be known as the "Expanded Breastfeeding Promotion
Act of 2009".
Section 2. Section 2 of Republic Act No. 7600 is hereby amended to read as follows:
"The State shall likewise protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of
the nation. This is consistent with international treaties and conventions to which the
Philippines is a signatory such as the Convention on the Elimination of Discrimination
Against Women (CEDAW), which emphasizes provision of necessary supporting social
services to enable parents to combine family obligations with work responsibilities; the
Beijing Platform for Action and Strategic Objective, which promotes harmonization of work
and family responsibilities for women and men; and the Convention on the Rights of the
Child, which recognizes a child's inherent right to life and the State's obligations to ensure the
child's survival and development.
"Breastfeeding has distinct advantages which benefit the infant and the mother, including the
hospital and the country that adopt its practice. It is the first preventive health measure that
can be given to the child at birth. It also enhances mother-infant relationship. Furthermore,
the practice of breastfeeding could save the country valuable foreign exchange that may
otherwise be used for milk importation.
"Breastmilk is the best food since it contains essential nutrients completely suitable for the
infant's needs. It is also nature's first immunization, enabling the infant to fight potential
serious infection. It contains growth factors that enhance the maturation of an infant's organ
systems.
"Towards this end, the State shall promote and encourage breastfeeding and provide the
specific measures that would present opportunities for mothers to continue expressing their
milk and/or breastfeeding their infant or young child.
Section 3. Section 3 of Republic Act No. 7600 is hereby amended to read as follows:
"Sec. 3. Definition of Terms. - For purposes of this Act, the following definitions are
adopted:
"a) Age of gestation - the length of time the fetus is inside the mother's womb.
"b) Bottlefeeding - the method of feeding an infant using a bottle with artificial
nipples, the contents of which can be any type of fluid.
"c) Breastfeeding - the method of feeding an infant directly from the human
breast.
"g) Expressed breastmilk - the human milk which has been extracted from the
breast by hand or by breast pump. It can be fed to an infant using a dropper, a
nasogastric tube, a cup and spoon, or a bottle.
"h) Expressing milk - the act of extracting human milk from the breast by hand
or by pump into a container.
"i) Formula feeding - the feeding of a newborn with infant formula usually by
bottle feeding. It is also called artificial feeding.
"j) Health institutions - are hospitals, health infirmaries, health centers, lying-
in centers, or puericulture centers with obstetrical and pediatric services.
"k) Health personnel - are professionals and workers who manage and/or
administer the entire operations of health institutions and/or who are involved
in providing maternal and child health services.
"l) Health workers - 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
health-related establishments, whether government or private, and shall
include medical, allied health professional, administrative and support
personnel employed regardless of their employment status.
"m) Infant - a child within zero (0) to twelve (12) months of age.
"q) Low birth weight infant - a newborn weighing less than two thousand five
hundred (2,500) grams at birth.
"s) Mother's milk - the breastmilk from the newborn's own mother.
"v) Rooming-in - the practice of placing the newborn in the same room as the
mother right after delivery up to discharge to facilitate mother-infant bonding
and to initiate breastfeeding. The infant may either share the mother's bed or
be placed in a crib beside the mother.
"w) Seriously ill mothers - are those who are: with severe infections; in shock,
in severe cardiac or respiratory distress; or dying; or those with other
conditions that may be determined by the attending physician as serious.
"x) Wet-nursing - the feeding of a newborn from another mother's breast when
his/her own mother cannot breastfeed.
"z) Young child - a child from the age of twelve (12) months and one (1) day
up to thirty-six (36) moths.
Section 4. Section 4 of Republic Act No. 7600 is hereby amended to read as follows:
Sec. 4. Applicability. - The provisions in this Chapter shall apply to all private enterprises as
well as government agencies, including their subdivisions and instrumentalities, and
government-owned and -controlled corporations.
Upon application to, and determination by, the Secretary of the Department of Labor and
Employment for the private sector, and the Chairperson of the Civil Service Commission for
the public sector, all health and non-health facilities, establishments and institutions may be
exempted for a renewable period of two (2) years from Section 6 of this Act where the
establishment of lactation stations is not feasible or necessary due to the peculiar
circumstances of the workplace or public place taking into consideration, among others,
number of women employees, physical size of the establishment, and the average number of
women who visit.
All health and non-health facilities, establishments or institutions which are exempted in
complying with the provisions of this Act but nevertheless opted to comply are entitled to the
benefits herein stated: Provided, That they give their employees the privilege of using the
same.
Section 5. Section 10 of Republic Act No. 7600 is hereby amended to read as follows:
Sec. 10. Provision of Facilities for Breastmilk Collection and Storage for Health
Institutions. - The health institution adopting rooming-in and breastfeeding shall provide
equipment, facilities, and supplies for breastmilk collection, storage and utilization, the
standards of which shall be defined by the Department of Health. Health institutions are
likewise encouraged to set up milk banks for storage of breastmilk donated by mothers and
which have undergone pasteurization. The stored breastmilk will primarily be given to
children in the neonatal intensive care unit whose own mothers are seriously ill.
Section 6. A new Section 11, under a new Chapter, is added to read as follows:
CHAPTER III
Lactation Stations
Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-
health facilities, establishments or institutions shall establish lactation stations. The lactation
stations shall be adequately provided with the necessary equipment and facilities, such as:
lavatory for hand-washing, unless there is an easily-accessible lavatory nearby; refrigeration
or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for breast
pumps; a small table; comfortable seats; and other items, the standards of which shall be
defined by the Department of Health. The lactation station shall not be located in the toilet.
In addition, all health and non-health facilities, establishments or institutions shall take strict
measures to prevent any direct or indirect form of promotion, marketing, and/or sales of
infant formula and/or breastmilk substitutes within the lactation stations, or in any event or
circumstances which may be conducive to the same.
Apart from the said minimum requirements, all health and non-health facilities,
establishments or institutions may provide other suitable facilities or services within the
lactation station, all of which, upon due substantiation, shall be considered eligible for
purposes of Section 14 of this Act.
Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in addition to
the regular time-off for meals to breastfeed or express milk. These intervals, which shall
include the time it takes an employee to get to and from the workplace lactation station, shall
be counted as compensable hours worked. The Department of Labor and Employment
(DOLE) may adjust the same: Provided, That such intervals shall not be less than a total of
forty (40) minutes for every eight (8)-hour working period.
Section 8. Section 11, which shall be under the renumbered Chapter IV of Republic Act No.
7600, is hereby amended to read as follows:
"CHAPTER IV"
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE"
"SEC. 13. Continuing Education, Re-education and Training of Health Workers and Health
Institutions. - The Department of Health with the assistance of other government agencies,
professional and nongovernmental organizations shall conduct continuing information,
education, re-education, and training programs for physicians, nurses, midwives, nutritionist-
dietitians, community health workers and traditional birth attendants (TBAs) and other health
worker on current and updated lactation management.
Information materials shall be given to all health workers involved in maternal and infant
care health institutions."
"To equip women of reproductive age with accurate information on maternal nutrition and
proper nourishment in preparation for successful and sustainable breastfeeding, the
Department of Health is likewise mandated to produce and make available relevant
information and programs which should be disseminated to all city, municipal and barangay
health centers.
"SEC. 16. Breastfeeding Awareness Month. - To raise awareness on the importance of and to
further promote breastfeeding, the month of August in each and every year throughout the
Philippines shall be known as "Breastfeeding Awareness Month."
"SEC. 17. Public Education and Awareness Program. - To ensure the meaningful observance
of breastfeeding month as herein declared, a comprehensive national public education and
awareness program shall be undertaken in order to achieve the following objectives:
"d) To generate awareness on, and full enforcement of, national and
international laws, codes, policies and programs on the promotion and
protection of safe and adequate nutrition for infants and young children by
promoting and protecting breastfeeding and regulating the marketing of
certain foods and feeding bottles, teats and pacifiers; and
"The Department of Health shall lead in the implementation of the comprehensive national
public education and awareness program on breastfeeding through a collaborative
interagency and multi-sectoral effort at all levels."
Section 13. A new Section 18, which shall be under the renumbered Chapter V of Republic
Act No. 7600, is hereby added to read as follows:
CHAPTER V
Miscellaneous Provisions
"Sec. 18. Department of Health Certification. - Any health and non-health facility,
establishment or institution satisfying the requirements of Sections 6 and 7 herein relative to a
proper lactation station may apply with the local Department of Health office for a 'working
mother-baby friendly' certification. The Department of Health shall promulgate guidelines to
determine eligibility for such certification, which shall include an annual Department of
Health inspection to confirm the continued compliance with its standards.
Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and amended to read
as follows:
"Sec. 19. Incentives. - The expenses incurred by a private health and non-health facility,
establishment or institution, in complying with the provisions of this Act, shall be deductible
expenses for income tax purposes up to twice the actual amount incurred: Provided, That the
deduction shall apply for the taxable period when the expenses were incurred: Provided,
further, That all health and non-health facilities, establishments and institutions shall comply
with the provisions of this Act within six (6) months after its approval: Provided, finally, That
such facilities, establishments or institutions shall secure a "Working Mother-Baby-Friendly
Certificate" from the Department of Health to be filed with the Bureau of Internal Revenue,
before they can avail of the incentive.
"Sec. 20. Implementing Agency. - The Department of Health shall be principally responsible
for the implementation and enforcement of the provisions of this Act."
Section 16. Section 14 of Republic Act No. 7600 is hereby renumbered and amended to read
as follows:
"Sec. 21. Sanctions. - Any private non-health facility, establishment and institution which
unjustifiably refuses or fails to comply with Sections 6 and 7 of this Act shall be imposed a
fine of not less than Fifty thousand pesos (Php50,000.00) but not more than Two hundred
thousand pesos (Php200,000.00) on the first offense.
"On the second offense, a fine of not less than Two hundred thousand pesos (Php200,000.00)
but not more than Five hundred thousand pesos (Php500,000.00).
"On the third offense, a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00) and the cancellation or revocation of
the business permits or licenses to operate.
"In all cases, the fine imposed should take into consideration, among others, number of
women employees, physical size of the establishment, and the average number of women
who visit.
"In addition, the Secretary of Health is hereby empowered to impose sanctions on health
institution for the violation of this Act and the rules issued thereunder. Such sanctions may be
in the form of reprimand or censure and in case of repeated willful violations, suspension of
the permit to operate of the erring health institution.1avvphi1
"Second offense - Suspension for one (1) to thirty (30) days; and
"This shall be without prejudice to other liabilities applicable under civil service law and
rules."
Section 18. Rules and Regulations. - The Department of Health, as the lead agency, in
coordination with the Department of Labor and Employment, the Department of Trade and
Industry, the Department of Justice, the Department of Social Welfare and Development, the
Department of Education, the Department of the Interior and Local Government, the Civil
Service Commission, the Commission on Higher Education, the technical Education and
Skills Development Authority and professional and nongovernmental organizations
concerned, shall issue within one hundred and twenty (120) days upon its effectivity the rules
and regulations necessary to carry out the provisions of this Act.
Section 19. Separability Clause. - If any clause, sentence, paragraph or part of this Act shall
be declared to be invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.
Section 20. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are not consistent with this Act are hereby repealed,
amended or modified accordingly.
Section 21. 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,
whichever comes earlier.
Approved,
This Act which is a consolidation of Senate Bill No. 1698 and House Bill No. 879, 4012 and
6076 was finally passed by the Senate and the House of Representatives on December 16,
2009.
Metro Manila
Fifteenth Congress
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand ten.
SECTION 1. Title.—This Act shall be known as the “Mandatory Infants and Children Health
Immunization Act of 2011”.
SEC. 2. Declaration of Policy.—In accordance with Article II, Section 15 of the Constitution,
it is hereby declared to be the policy of the State to take a proactive role in the preventive
health care of infants and children. Towards this end, the State shall adopt a comprehensive,
mandatory and sustainable immunization program for vaccine-preventable diseases for all
infants and children.
SEC. 3. Coverage.—The mandatory basic immunization for all infants and children provided
under this Act shall cover the following vaccine-preventable diseases:
(a) Tuberculosis;
(c) Poliomyelitis;
(d) Measles;
(e) Mumps;
(g) Hepatitis-B;
The mandatory basic immunization shall be given for free at any government hospital or
health center to infants and children up to five (5) years of age.
Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to
ah infants born in hospitals, health infirmaries, health centers or lying-in centers with
obstetrical and pediatric services, whether public or private, within twenty-four (24) hours
after birth: Provided, however, That in cases of infants born in places other than the above,
any duly licensed physician, nurse or midwife who delivers, or assists in the delivery of the
newborn shall be responsible for administering the vaccine to the latter: Provided,
further. That for deliveries assisted by persons other. than the health professionals mentioned
above, the infant should be brought to any available health care facility so as to be
immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than
seven (7) days: Provided, finally, That subsequent doses of Hepatitis-B vaccination shall be
completed according to the recommended schedule of Hepatitis-B immunization, as may be
provided in the implementing rules and regulations to be issued by the Department of Health
(DOH).
SEC. 4. Education and Information Campaign.—All health care practitioners or health care
workers who are administermg prenatal care shall educate all pregnant mothers on the
importance of giving their infants the basic immunization services as well as any possible
effects of immunization.
SEC. 5. Obligation to Inform.—Any physician, nurse, midwife, nursing aide or skilled birth
attendant, who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform
parents or legal guardian of the newborn of the availability, nature and benefits of
immunization against Hepatitis-B and other vaccine-preventable diseases at birth.
SEC. 6. Continuing Education and Training of Health Personnel.—The DOH, with the
assistance of local government units, academe, professional societies and nongovernmental
organizations, shall undertake continuing information, education and training programs for all
health personnel on the rationale and benefits of as well as modern procedures for
immunization of infants and children against vaccine-preventable diseases.
SEC. 7. Appropriations.—The amount necessary to carry out the implementation of this Act
shah be charged against the current year’s appropriations for expanded program on
immunization of the DOH. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization
services in its benefit package.
SEC. 8. Implementing Rules and Regulations.—The DOH, in consultation with the National
Immunization Committee, shall issue the implementing rules and regulations within ninety
(90) days after the approval of this Act.
SEC. 9. Separability Clause.—If, for any reason, any part or provision of this Act shall he
declared unconstitutional or invalid, the remaining provisions hereof which are not affected
thereby shall continue to be in full force and effect.
SEC. 10. Repealing Clauss.—All laws, decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with this Act are hereby repealed, amended or modified
accordingly.
SEC. 11. Effectivity.—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.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eight Congress
Second Regular Session
Section. 1. Title. - This Act shall be known as the "Generics Act of 1988."
To ensure the adequate supply of drugs with generic names at the lowest possible cost and
endeavour to make them available free for indigent patients;
To encourage the extensive use of drugs with generic names through a national system of
procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may
become more aware and cognisant of the therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or use of drugs with
potentially adverse drug interactions.
Sec. 3. Definition of Terms. - The following terms are herein defined for purposes of this
Act;
1. "Generic Name or Generic Terminology" is the identification of drugs and medicines by
their scientifically and internationally recognized active ingredients or by their generic names
as determined by the Bureau of Food and Drugs of the Department of Health.
2. "Active Ingredient" is the chemical component responsible for the claimed therapeutic
effect of the pharmaceutical product.
3. "Chemical Name" is the description of the chemical structure of the drugs and medicine
and serves as the complete identification of the compound.
4. "Drug Product" is the finished product form that contains the active ingredients, generally
but not necessarily in association with inactive ingredients.
6. "Drug Outlets" means drugstores, pharmacist, and any other business establishment which
sell drugs or medicines.
7. "Essential Drug List" or "National Drug Formulary" is a list of drugs prepared and
periodically updated by the Department of Health on the basis of health conditions obtaining
in the Philippines as well as in the internationally accepted criteria. It shall consist of a core
list or a complimentary list.
8. "Core List" is the list of drugs that meet the health care needs hundred eighty days upon
the approval of this Act.
9. "Complimentary List" is a list of alternative drugs used wherein no response to the core
essential drug or where there is hypersensitivity reaction to the core essential drug or when,
for one reason or another, the core essential drugs cannot be given.
10. "Brand Name" is the proprietary name given by the manufacture to distinguish its
product from those of competitors.
11. "Generic Drugs" are not covered by the patent protection and which are labelled solely
by their international non-proprietary or generic name.
Sec. 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. -
(a) In the promotion of the generic names for pharmaceutical products, special consideration
shall be given to drugs and medicines which are included in the Essential Drug List to be
prepared within one hundred eighty (180) days from approval of this Act and updated
quarterly by the Department of Health conditions obtaining in the Philippines as well as in
the internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing and sales of
drugs and medicines, particularly those in the Essential Drug List, shall be promoted through
such a system of Incentive as the Board of Investments jointly with the Department of Health
and other government agencies as maybe authorized by laws, within one hundred eighty
(180) days after approval of this Act.
Sec. 5. Posting and Publication. - The Department of Health shall publish annually in at least
two newspapers of general circulation in the Philippines the generic names, and the
corresponding brand name under which they are marketed, of all drugs and medicines
available in the Philippines.
Sec. 6. Who shall use generic Terminology. - (a) All government agencies and their
personnel as well as other government agencies shall use generic terminology or generic
names in all transactions related to purchasing, prescribing, dispensing and administering of
all drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private practitioners, shall
write prescriptions using generic name. The brand name maybe included if so desired.
(d) Drug Outlets, including drugstores, hospital and non-hospital pharmacies and non-
traditional outlets such as supermarkets and stores shall inform any buyer about all other drug
products having the same generic name, together with their corresponding prices so that the
buyer may adequately exercise his option. Within one (1) year after approval of this Act, the
drug outlets referred to herein. Shall post in conspicuous places in their establishment, a list
of drug products with the same generic name and their corresponding prices.
Sec. 8. Required Production. - Subject to the rules and regulations promulgated by the
Secretary of Health, every drug manufacturing company operating in the Philippines shall be
required to produce, distribute and make available to the general public the medicine it
produces, in the form of generic drug.
Sec. 9. Rules and Regulation. - The implementation of the provision of this Act shall be in
accordance with the rules and regulations to be promulgated by the Department of Health.
Rules and regulations with penal sanctions shall be promulgated within hundred eighty (180)
days after approval of this Act.
Sec. 10. Authority to Import. - Within three (3) years from the effectivity of this Act,
extendible by the president for another two (2) years and during periods of critical shortage
and absolute necessity, the Department of Health is hereby authorized to import raw materials
of which there is a shortage for the use of Filipino-owned or controlled drug establishments
to be marketed and sold exclusively under generic nomenclature. The President may
authorize the importation of raw materials tax and duty-free. The Secretary of Health shall
ensure that the imported raw materials are allocated fairly and efficiently among Filipino-
owned or controlled drug establishment. He shall submit to the office of the President and to
the Congress a quarterly report of the quantity, kind and value of the raw materials imported.
Sec. 11. Education Drive. - The Department of Health jointly with the Department of
Education, Culture and Sports, Philippine Information Agency and the Department of Local
Government shall conduct a continuous information campaign for the public and a continuing
education and training for the medical and allied medical professions on drugs with generic
names as an alternative of equal efficacy to the more expensive brand name drug. Such
educational campaign shall include information on the illnesses or symptoms which each
generically named drug is suppose to cure or alleviate, as well as its contradiction. The
Department of Health with assistance of the Department of Local Government and the
Philippine Information Agency shall monitor the progress of the education drive, and shall
submit regular reports to Congress.
Sec. 12. Penalty. - (A) Any person who shall violate Section 6(a), or 6(b) of this Act shall
suffer the penalty graduated hereunder, viz:
(a) For the first conviction, he shall suffer the penalty of reprimand, which shall be officially
recorded in the appropriate books of the Professional Regulation Commission.
(b) The second conviction, the penalty of fine in the amount of not less than two thousand
pesos (P2,000).
(c) For the third conviction, the penalty of fine in the amount of not less than five thousand
pesos (P5,000) but not exceeding ten thousand pesos (P10,000) and suspension of his license
to practice his profession for thirty days at the discretion of the court.
(d) For the fourth subsequent convictions, the penalty of fine not less than ten thousand
pesos (P10,000) and suspension of his license to practice his profession one year or longer at
the discretion of the court.
Any juridical person which violates Section 6(c), 6 (d), 7 or 8 shall suffer the penalty of a fine
of not less than five thousand pesos (P5,000) nor more than ten thousand pesos (P10,000) and
suspension or revocation of license to operate such drug establishment or drug outlet at the
discretion of the Court:Provided, that its officers directly responsible for the violation shall
suffer the penalty of fine and suspension or revocation of license to practice profession, if
applicable, and by imprisonment of not less than six (6) months nor more than one (1) year or
both fine and imprisonment at the discretion of the Court: andProvided, further that if the
guilty party is an alien, he shall beipso facto deported after service of sentence without need
of further proceedings.
(B) The Secretary of Health shall have the authority to impose administrative sanctions such
as suspension or cancellation of license to practice profession to the Professional Regulation
Commission, as the case may be, for the violation of the Act.
Sec. 13. Separability Clause. - If any provision of this Act is declared invalid, the remainder
of any provision hereof not affected thereby shall remain in force and effect.
Sec. 14. Repealing Clause. - The provisions of any law, executive order, presidential decree
or other issuance inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or two (2) newspapers of general circulation.
This Act which is a consolidation of Senate Bill No. 453 and House Bill No. 10900 was
finally passed by the Senate and the House of Representatives on August 25, 1988,
respectively.
Approved: September 13, 1988
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
Section 1. Title. – This Act shall be known as "The Responsible Parenthood and
Reproductive Health Act of 2012″.
Section 2. Declaration of Policy. – The State recognizes and guarantees the human
rights of all persons including their right to equality and nondiscrimination of these
rights, the right to sustainable human development, the right to health which includes
reproductive health, the right to education and information, and the right to choose
and make decisions for themselves in accordance with their religious convictions,
ethics, cultural beliefs, and the demands of responsible parenthood.
Pursuant to the declaration of State policies under Section 12, Article II of the 1987
Philippine Constitution, it is the duty of the State to protect and strengthen the family
as a basic autonomous social institution and equally protect the life of the mother and
the life of the unborn from conception. The State shall protect and promote the right
to health of women especially mothers in particular and of the people in general and
instill health consciousness among them. The family is the natural and fundamental
unit of society. The State shall likewise protect and advance the right of families in
particular and the people in general to a balanced and healthful environment in accord
with the rhythm and harmony of nature. The State also recognizes and guarantees the
promotion and equal protection of the welfare and rights of children, the youth, and
the unborn.
Moreover, the State recognizes and guarantees the promotion of gender equality,
gender equity, women empowerment and dignity as a health and human rights
concern and as a social responsibility. The advancement and protection of women’s
human rights shall be central to the efforts of the State to address reproductive health
care.
The State recognizes marriage as an inviolable social institution and the foundation of
the family which in turn is the foundation of the nation. Pursuant thereto, the State
shall defend:
(a) The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood;
(b) The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation, and
other conditions prejudicial to their development;
(c) The right of the family to a family living wage and income; and
The State shall eradicate discriminatory practices, laws and policies that infringe on a
person’s exercise of reproductive health rights.
The State shall also promote openness to life; Provided, That parents bring forth to the
world only those children whom they can raise in a truly humane way.
Section 3. Guiding Principles for Implementation. – This Act declares the following
as guiding principles:
(a) The right to make free and informed decisions, which is central to the
exercise of any right, shall not be subjected to any form of coercion and must
be fully guaranteed by the State, like the right itself;
(b) Respect for protection and fulfillment of reproductive health and rights
which seek to promote the rights and welfare of every person particularly
couples, adult individuals, women and adolescents;
(c) Since human resource is among the principal assets of the country,
effective and quality reproductive health care services must be given primacy
to ensure maternal and child health, the health of the unborn, safe delivery and
birth of healthy children, and sound replacement rate, in line with the State’s
duty to promote the right to health, responsible parenthood, social justice and
full human development;
(d) The provision of ethical and medically safe, legal, accessible, affordable,
non-abortifacient, effective and quality reproductive health care services and
supplies is essential in the promotion of people’s right to health, especially
those of women, the poor, and the marginalized, and shall be incorporated as a
component of basic health care;
(e) The State shall promote and provide information and access, without bias,
to all methods of family planning, including effective natural and modern
methods which have been proven medically safe, legal, non-abortifacient, and
effective in accordance with scientific and evidence-based medical research
standards such as those registered and approved by the FDA for the poor and
marginalized as identified through the NHTS-PR and other government
measures of identifying marginalization: Provided, That the State shall also
provide funding support to promote modern natural methods of family
planning, especially the Billings Ovulation Method, consistent with the needs
of acceptors and their religious convictions;
(f) The State shall promote programs that: (1) enable individuals and couples
to have the number of children they desire with due consideration to the
health, particularly of women, and the resources available and affordable to
them and in accordance with existing laws, public morals and their religious
convictions: Provided, That no one shall be deprived, for economic reasons, of
the rights to have children; (2) achieve equitable allocation and utilization of
resources; (3) ensure effective partnership among national government, local
government units (LGUs) and the private sector in the design, implementation,
coordination, integration, monitoring and evaluation of people-centered
programs to enhance the quality of life and environmental protection; (4)
conduct studies to analyze demographic trends including demographic
dividends from sound population policies towards sustainable human
development in keeping with the principles of gender equality, protection of
mothers and children, born and unborn and the promotion and protection of
women’s reproductive rights and health; and (5) conduct scientific studies to
determine the safety and efficacy of alternative medicines and methods for
reproductive health care development;
(g) The provision of reproductive health care, information and supplies giving
priority to poor beneficiaries as identified through the NHTS-PR and other
government measures of identifying marginalization must be the primary
responsibility of the national government consistent with its obligation to
respect, protect and promote the right to health and the right to life;
(h) The State shall respect individuals’ preferences and choice of family
planning methods that are in accordance with their religious convictions and
cultural beliefs, taking into consideration the State’s obligations under various
human rights instruments;
(k) Each family shall have the right to determine its ideal family size:
Provided, however, That the State shall equip each parent with the necessary
information on all aspects of family life, including reproductive health and
responsible parenthood, in order to make that determination;
(n) The resources of the country must be made to serve the entire population,
especially the poor, and allocations thereof must be adequate and effective:
Provided, That the life of the unborn is protected;
Section 4. Definition of Terms. – For the purpose of this Act, the following terms
shall be defined as follows:
(a) Abortifacient refers to any drug or device that induces abortion or the
destruction of a fetus inside the mother’s womb or the prevention of the
fertilized ovum to reach and be implanted in the mother’s womb upon
determination of the FDA.
(b) Adolescent refers to young people between the ages of ten (10) to nineteen
(19) years who are in transition from childhood to adulthood.
(e) Family planning refers to a program which enables couples and individuals
to decide freely and responsibly the number and spacing of their children and
to have the information and means to do so, and to have access to a full range
of safe, affordable, effective, non-abortifacient modem natural and artificial
methods of planning pregnancy.
(f) Fetal and infant death review refers to a qualitative and in-depth study of
the causes of fetal and infant death with the primary purpose of preventing
future deaths through changes or additions to programs, plans and policies.
(g) Gender equality refers to the principle of equality between women and
men and equal rights to enjoy conditions in realizing their full human
potentials to contribute to, and benefit from, the results of development, with
the State recognizing that all human beings are free and equal in dignity and
rights. It entails equality in opportunities, in the allocation of resources or
benefits, or in access to services in furtherance of the rights to health and
sustainable human development among others, without discrimination.
(h) Gender equity refers to the policies, instruments, programs and actions that
address the disadvantaged position of women in society by providing
preferential treatment and affirmative action. It entails fairness and justice in
the distribution of benefits and responsibilities between women and men, and
often requires women-specific projects and programs to end existing
inequalities. This concept recognizes that while reproductive health involves
women and men, it is more critical for women’s health.
(j) Maternal death review refers to a qualitative and in-depth study of the
causes of maternal death with the primary purpose of preventing future deaths
through changes or additions to programs, plans and policies.
(n) Public health care service provider refers to: (1) public health care
institution, which is duly licensed and accredited and devoted primarily to the
maintenance and operation of facilities for health promotion, disease
prevention, diagnosis, treatment and care of individuals suffering from illness,
disease, injury, disability or deformity, or in need of obstetrical or other
medical and nursing care; (2) public health care professional, who is a doctor
of medicine, a nurse or a midwife; (3) public health worker engaged in the
delivery of health care services; or (4) barangay health worker who has
undergone training programs under any accredited government and NGO and
who voluntarily renders primarily health care services in the community after
having been accredited to function as such by the local health board in
accordance with the guideline’s promulgated by the Department of Health
(DOH).
(p) Reproductive Health (RH) refers to the state of complete physical, mental
and social well-being and not merely the absence of disease or infirmity, in all
matters relating to the reproductive system and to its functions and processes.
This implies that people are able to have a responsible, safe, consensual and
satisfying sex life, that they have the capability to reproduce and the freedom
to decide if, when, and how often to do so. This further implies that women
and men attain equal relationships in matters related to sexual relations and
reproduction.
(q) Reproductive health care refers to the access to a full range of methods,
facilities, services and supplies that contribute to reproductive health and well-
being by addressing reproductive health-related problems. It also includes
sexual health, the purpose of which is the enhancement of life and personal
relations. The elements of reproductive health care include the following:
(r) Reproductive health care program refers to the systematic and integrated
provision of reproductive health care to all citizens prioritizing women, the
poor, marginalized and those invulnerable or crisis situations.
(s) Reproductive health rights refers to the rights of individuals and couples, to
decide freely and responsibly whether or not to have children; the number,
spacing and timing of their children; to make other decisions concerning
reproduction, free of discrimination, coercion and violence; to have the
information and means to do so; and to attain the highest standard of sexual
health and reproductive health: Provided, however, That reproductive health
rights do not include abortion, and access to abortifacients.
(v) Responsible parenthood refers to the will and ability of a parent to respond
to the needs and aspirations of the family and children. It is likewise a shared
responsibility between parents to determine and achieve the desired number of
children, spacing and timing of their children according to their own family
life aspirations, taking into account psychological preparedness, health status,
sociocultural and economic concerns consistent with their religious
convictions.
(w) Sexual health refers to a state of physical, mental and social well-being in
relation to sexuality. It requires a positive and respectful approach to sexuality
and sexual relationships, as well as the possibility of having pleasurable and
safe sexual experiences, free from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any infection that may be
acquired or passed on through sexual contact, use of IV, intravenous drug
needles, childbirth and breastfeeding.
(z) Skilled health professional refers to a midwife, doctor or nurse, who has
been educated and trained in the skills needed to manage normal and
complicated pregnancies, childbirth and the immediate postnatal period, and in
the identification, management and referral of complications in women and
newborns.
Section 5. Hiring of Skilled Health Professionals for Maternal Health Care and
Skilled Birth Attendance. – The LGUs shall endeavor to hire an adequate number of
nurses, midwives and other skilled health professionals for maternal health care and
skilled birth attendance to achieve an ideal skilled health professional-to-patient ratio
taking into consideration DOH targets: Provided, That people in geographically
isolated or highly populated and depressed areas shall be provided the same level of
access to health care: Provided, further, That the national government shall provide
additional and necessary funding and other necessary assistance for the effective
implementation of this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer
lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in
accordance with the guidelines set by the DOH, under emergency conditions and
when there are no physicians available: Provided, That they are properly trained and
certified to administer these lifesaving drugs.
Section 6. Health Care Facilities. – Each LGU, upon its determination of the
necessity based on well-supported data provided by its local health office shall
endeavor to establish or upgrade hospitals and facilities with adequate and qualified
personnel, equipment and supplies to be able to provide emergency obstetric and
newborn care: Provided, That people in geographically isolated or highly populated
and depressed areas shall have the same level of access and shall not be neglected by
providing other means such as home visits or mobile health care clinics as needed:
Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of
this provision.
Section 7. Access to Family Planning. – All accredited public health facilities shall
provide a full range of modern family planning methods, which shall also include
medical consultations, supplies and necessary and reasonable procedures for poor and
marginalized couples having infertility issues who desire to have children: Provided,
That family planning services shall likewise be extended by private health facilities to
paying patients with the option to grant free care and services to indigents, except in
the case of non-maternity specialty hospitals and hospitals owned and operated by a
religious group, but they have the option to provide such full range of modern family
planning methods: Provided, further, That these hospitals shall immediately refer the
person seeking such care and services to another health facility which is conveniently
accessible: Provided, finally, That the person is not in an emergency condition or
serious case as defined in Republic Act No. 8344.
Section 8. Maternal Death Review and Fetal and Infant Death Review. – All LGUs,
national and local government hospitals, and other public health units shall conduct an
annual Maternal Death Review and Fetal and Infant Death Review in accordance with
the guidelines set by the DOH. Such review should result in an evidence-based
programming and budgeting process that would contribute to the development of
more responsive reproductive health services to promote women’s health and safe
motherhood.
Section 9. The Philippine National Drug Formulary System and Family Planning
Supplies. – The National Drug Formulary shall include hormonal contraceptives,
intrauterine devices, injectables and other safe, legal, non-abortifacient and effective
family planning products and supplies. The Philippine National Drug Formulary
System (PNDFS) shall be observed in selecting drugs including family planning
supplies that will be included or removed from the Essential Drugs List (EDL) in
accordance with existing practice and in consultation with reputable medical
associations in the Philippines. For the purpose of this Act, any product or supply
included or to be included in the EDL must have a certification from the FDA that
said product and supply is made available on the condition that it is not to be used as
an abortifacient.
These products and supplies shall also be included in the regular purchase of essential
medicines and supplies of all national hospitals: Provided, further, That the foregoing
offices shall not purchase or acquire by any means emergency contraceptive pills,
postcoital pills, abortifacients that will be used for such purpose and their other forms
or equivalent.
Section 10. Procurement and Distribution of Family Planning Supplies. – The DOH
shall procure, distribute to LGUs and monitor the usage of family planning supplies
for the whole country. The DOH shall coordinate with all appropriate local
government bodies to plan and implement this procurement and distribution program.
The supply and budget allotments shall be based on, among others, the current levels
and projections of the following:
(a) Number of women of reproductive age and couples who want to space or
limit their children;
Provided, That LGUs may implement its own procurement, distribution and
monitoring program consistent with the overall provisions of this Act and the
guidelines of the DOH.
Section 13. Mobile Health Care Service. – The national or the local government may
provide each provincial, city, municipal and district hospital with a Mobile Health
Care Service (MHCS) in the form of a van or other means of transportation
appropriate to its terrain, taking into consideration the health care needs of each LGU.
The MHCS shall deliver health care goods and services to its constituents, more
particularly to the poor and needy, as well as disseminate knowledge and information
on reproductive health. The MHCS shall be operated by skilled health providers and
adequately equipped with a wide range of health care materials and information
dissemination devices and equipment, the latter including, but not limited to, a
television set for audio-visual presentations. All MHCS shall be operated by LGUs of
provinces and highly urbanized cities.
Section 16. Capacity Building of Barangay Health Workers (BHWs). – The DOH
shall be responsible for disseminating information and providing training programs to
the LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible
for the training of BHWs and other barangay volunteers on the promotion of
reproductive health. The DOH shall provide the LGUs with medical supplies and
equipment needed by BHWs to carry out their functions effectively: Provided, further,
That the national government shall provide additional and necessary funding and
other necessary assistance for the effective implementation of this provision including
the possible provision of additional honoraria for BHWs.
Section 17. Pro Bono Services for Indigent Women. – Private and nongovernment
reproductive healthcare service providers including, but not limited to, gynecologists
and obstetricians, are encouraged to provide at least forty-eight (48) hours annually of
reproductive health services, ranging from providing information and education to
rendering medical services, free of charge to indigent and low-income patients as
identified through the NHTS-PR and other government measures of identifying
marginalization, especially to pregnant adolescents. The forty-eight (48) hours annual
pro bono services shall be included as a prerequisite in the accreditation under the
PhilHealth.
Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities
(PWDs). – The cities and municipalities shall endeavor that barriers to reproductive
health services for PWDs are obliterated by the following:
(a) Providing physical access, and resolving transportation and proximity
issues to clinics, hospitals and places where public health education is
provided, contraceptives are sold or distributed or other places where
reproductive health services are provided;
(b) Adapting examination tables and other laboratory procedures to the needs
and conditions of PWDs;
Section 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy,
the DOH shall serve as the lead agency for the implementation of this Act and shall
integrate in their regular operations the following functions:
(1) Fully and efficiently implement the reproductive health care program;
(3) Perform such other functions necessary to attain the purposes of this Act.
(b) The DOH, in coordination with the PHIC, as may be applicable, shall:
(1) Strengthen the capacities of health regulatory agencies to ensure safe, high
quality, accessible and affordable reproductive health services and
commodities with the concurrent strengthening and enforcement of regulatory
mandates and mechanisms;
(2) Facilitate the involvement and participation of NGOs and the private sector
in reproductive health care service delivery and in the production, distribution
and delivery of quality reproductive health and family planning supplies and
commodities to make them accessible and affordable to ordinary citizens;
(3) Engage the services, skills and proficiencies of experts in natural family
planning who shall provide the necessary training for all BHWs;
(c) The FDA shall issue strict guidelines with respect to the use of contraceptives,
taking into consideration the side effects or other harmful effects of their use.
(d) Corporate citizens shall exercise prudence in advertising its products or services
through all forms of media, especially on matters relating to sexuality, further taking
into consideration its influence on children and the youth.
Section 20. Public Awareness. – The DOH and the LGUs shall initiate and sustain a
heightened nationwide multimedia-campaign to raise the level of public awareness on
the protection and promotion of reproductive health and rights including, but not
limited to, maternal health and nutrition, family planning and responsible parenthood
information and services, adolescent and youth reproductive health, guidance and
counseling and other elements of reproductive health care under Section 4(q).
Section 21. Reporting Requirements. – Before the end of April each year, the DOH
shall submit to the President of the Philippines and Congress an annual consolidated
report, which shall provide a definitive and comprehensive assessment of the
implementation of its programs and those of other government agencies and
instrumentalities and recommend priorities for executive and legislative actions. The
report shall be printed and distributed to all national agencies, the LGUs, NGOs and
private sector organizations involved in said programs.
The annual report shall evaluate the content, implementation, and impact of all
policies related to reproductive health and family planning to ensure that such policies
promote, protect and fulfill women’s reproductive health and rights.
The COC shall be headed by the respective Chairs of the Committee on Health and
Demography of the Senate and the Committee on Population and Family Relations of
the House of Representatives. The Secretariat of the COC shall come from the
existing Secretariat personnel of the Senate and the House of Representatives
committees concerned.
The COC shall monitor and ensure the effective implementation of this Act,
recommend the necessary remedial legislation or administrative measures, and shall
conduct a review of this Act every five (5) years from its effectivity. The COC shall
perform such other duties and functions as may be necessary to attain the objectives
of tins Act.
(a) Any health care service provider, whether public or private, who shall:
(b) Any public officer, elected or appointed, specifically charged with the duty
to implement the provisions hereof, who, personally or through a subordinate,
prohibits or restricts the delivery of legal and medically-safe reproductive
health care services, including family planning; or forces, coerces or induces
any person to use such services; or refuses to allocate, approve or release any
budget for reproductive health care services, or to support reproductive health
programs; or shall do any act that hinders the full implementation of a
reproductive health program as mandated by this Act;
(c) Any employer who shall suggest, require, unduly influence or cause any
applicant for employment or an employee to submit himself/herself to
sterilization, use any modern methods of family planning, or not use such
methods as a condition for employment, continued employment, promotion or
the provision of employment benefits. Further, pregnancy or the number of
children shall not be a ground for non-hiring or termination from employment;
Section 24. Penalties. – Any violation of this Act or commission of the foregoing
prohibited acts shall be penalized by imprisonment ranging from one (1) month to six
(6) months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand
pesos (P100,000.00), or both such fine and imprisonment at the discretion of the
competent court: Provided, That, if the offender is a public officer, elected or
appointed, he/she shall also suffer the penalty of suspension not exceeding one (1)
year or removal and forfeiture of retirement benefits depending on the gravity of the
offense after due notice and hearing by the appropriate body or agency.
If the offender is a juridical person, the penalty shall be imposed upon the president or
any responsible officer. An offender who is an alien shall, after service of sentence, be
deported immediately without further proceedings by the Bureau of Immigration. If
the offender is a pharmaceutical company, its agent and/or distributor, their license or
permit to operate or conduct business in the Philippines shall be perpetually revoked,
and a fine triple the amount involved in the violation shall be imposed.
Section 26. Implementing Rules and Regulations (IRR). – Within sixty (60) days from
the effectivity of this Act, the DOH Secretary or his/her designated representative as
Chairperson, the authorized representative/s of DepED, DSWD, Philippine
Commission on Women, PHIC, Department of the Interior and Local Government,
National Economic and Development Authority, League of Provinces, League of
Cities, and League of Municipalities, together with NGOs, faith-based organizations,
people’s, women’s and young people’s organizations, shall jointly promulgate the
rules and regulations for the effective implementation of this Act. At least four (4)
members of the IRR drafting committee, to be selected by the DOH Secretary, shall
come from NGOs.
Section 27. Interpretation Clause. – This Act shall be liberally construed to ensure
the provision, delivery and access to reproductive health care services, and to
promote, protect and fulfill women’s reproductive health and rights.
Section 28. Separability Clause. – If any part or provision of this Act is held invalid
or unconstitutional, the other provisions not affected thereby shall remain in force and
effect.
Section 29. Repealing Clause. – Except for prevailing laws against abortion, any law,
presidential decree or issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or is inconsistent with the provisions of this Act
including Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby
repealed, modified or amended accordingly.
Section 30. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
This Act which is a consolidation of Senate Bill No. 2865 and House Bill No. 4244
was finally passed by the Senate and the House of Representatives on December 19,
2012.
Sixteenth Congress
Begun and held in Metro Manila, Monday, the twenty-seventh day of July, two thousand
fifteen.
(a) Comprehensive Philippine Plan of Action to Eliminate Tuberculosis refers to the program
of the national government for the elimination of tuberculosis in the country; and
(b) The prevention, diagnosis, treatment, care and support, and other components of the
country’s response;
(c) The development and application of appropriate technologies to diagnose and treat the
disease;
(d) The strengthening of linkages with local and international organizations for possible
partnership in education, advocacy, research and funding assistance;
(e) The establishment of a review and monitoring system to gather data and monitor the
progress made in the elimination of tuberculosis; and
(f) The immediate mobilization of anti-TB services during and after natural and man-made
disasters through collaborative efforts of national and local governments and other entities.
The Secretary of Health shall continue to improve the capability of the existing NCC and
RCC in ensuring efficiency in the implementation, monitoring and evaluation of the
Philippine Plan of Action and in the coordination of efforts of various sectors.
(a) Conduct basic and clinical research based on the health agenda to be developed by
partners in the academe, health professional groups and other local health partners with
possible support from foreign organizations;
(b) Develop demonstration projects to generate evidence for responsive policies and to
develop regional capabilities for the prevention, detection, control, and elimination of
tuberculosis;
(d) Undertake education, training and clinical skills improvement activities for health care
providers;
(e) Provide support for model centers to sustain their initiatives under subparagraphs (b), (c)
and (d); and
(f) Collaborate with local and foreign organizations for partnership in various activities and in
providing technical and funding support.
SEC. 7. Strengthening of the Regional Centers for Health Development in the Provision of
Health Services to Eliminate TB. – The Secretary of Health shall strengthen the Regional
Centers for Health Development in the provision of health services to eliminate TB by
undertaking the following activities:
(a) Provide free laboratory services through the DOH retained hospitals;
(b) Provide reliable supply of drugs to patients for free by ensuring that local health centers,
through coordination with local government units (LGUs) concerned, have sufficient supply
of medicines for the communities they serve;
(c) Undertake public information and education programs to train the public on basic ways
and means to prevent the spread of tuberculosis;
(d) Train and enhance the capability of health providers in both public and private hospitals;
(e) Ensure the proper monitoring of tuberculosis cases in the country; and
(f) Ensure that monitoring services are extended as far as practicable, at the lowest local level
health unit.
SEC. 9. Inclusion in Basic Education. – The Secretary of Health, in coordination with the
Secretary of the Department of Education (DepED), shall work for the inclusion of modules
on the principles and practices of preventing, detecting, managing and controlling
tuberculosis in the health curriculum of every public and private elementary and high school.
SEC. 10. Media Campaign. – The Secretary of Health, in coordination with the Philippine
Information Agency (PIA), shall encourage local media outlets to launch a media campaign
on tuberculosis control, treatment and management, using all forms of multimedia and other
electronic means of communication.
The media campaign shall include materials that would discourage the general public from
spitting in public places and exhibiting unhygienic behavior that tend to undermine the
overall effort of preventing the spread of the disease.
SEC. 11. Regulation on Sale and Use of TB Drugs. – The Food and Drug Administration
(FDA) shall strengthen its implementation of the “No prescription, No anti-TB drugs” to
regulate the sale and use of anti-TB drugs in the market. It shall also ensure the quality of TB
drugs distributed in the market.
SEC. 12. Notification on TB Cases. – All public and private health centers, hospitals and
facilities shall observe the national protocol on TB management arid shall notify the DOH of
all TB cases as prescribed under the Manual of Procedures of the National TB Program and
the Philippine Plan of Action on Tuberculosis Control.
SEC. 13. PhilHealth TB Package. – The Philippine Health Insurance Corporation, otherwise
known as the PhilHealth, shall, as far as practicable, expand its benefit package for TB
patients to include new, relapse and return-after-default cases, and extension of treatment.
The PhilHealth shall enhance its present outpatient Directly Observed Treatment Short
Course (DOTS) package to make it more responsive to patients’ needs. It shall likewise
increase the number of accredited DOTS facilities to widen target beneficiaries who may
avail of reimbursements.
SEC. 14. Report. – The Secretary of Health shall submit an annual report to the Committees
on Health of the Senate and the House of Representatives on the activities carried out to
comply with the provisions of this Act.
SEC. 15. Appropriations. – The amount necessary to implement the provisions of this Act
shall be charged against the appropriations of the DOH, the DepED, the CHED and the PIA
under the General Appropriations Act.
SEC. 16. Implementing Rules and Regulations. – The DOH, in consultation with the DepED,
the CHED, the PIA, the LGUs, nongovernment organizations and other concerned entities,
shall issue the rules and regulations implementing the provisions of this Act within ninety
(90) days from its effectivity.
SEC. 17. Separability Clause. – If any provision or part hereof is held invalid or declared
unconstitutional, the other provisions which are not affected thereby shall continue to be in
full force and effect.
SEC. 18. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 19. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.