Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 8591

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

One of the more challenging part of government vaccination programs is to encourage an
adequate number of the population to be vaccinated to ensure the effectiveness of a vaccine in
containing the disease, preventing community transmission and creating herd immunity. Reports
of alleged vaccine-related fatalities in other countries, coupled with misinformation and the speed
at which the vaccine was developed, people are getting more reluctant to be vaccinated. This
poses a problem as vaccination hesitancy reverses any progress towards the elimination of the
of vaccine-preventable diseases. In 2019, it was declared to be Top Ten Priority for the World
Health Organization. Locally, the Department of Health points to vaccine hesitancy as one of the
reasons behind the 2019 measles outbreak in the country, which was one of the worst outbreaks
with more than 33,000 cases and 466 deaths.

‘As WHO pointed out, vaccine hesitancy is a complex matter. It is determined by numerous
variables such as confidence, complacency and convenience. For the case of the Philippines, one
of the biggest issues is confidence, especially following the Dengvaxia controversy in 2017.

This measure is proposed with the end view of increasing the public’s confidence in government
vaccination programs by ensuring that the public is protected from vaccine-related injuries or any
adverse effects resulting from vaccination. This measure shall establish a government vaccine
indemnification program, which shall be subsidized by pharmaceutical companies that supply the
government with vaccines for public immunization programs, which shall be exclusively used for
compensation or indemnification of those who sustained vaccine-related injuries. This effectively
allows the public to pursue claims for vaccine-injuries without the long, drawn out, and expensive
court litigations.

On behaif of the peopie of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

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() Bapistit, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Se:

HOUSE BILL No, 8591

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
ESTABLISHING THE GOVERNMENT VACCINE INDEMNIFICATION PROGRAM,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the "Vaccine Indemnification Fund Act".

SEC. 2, Declaration of Policy. ~ It is the policy of the State to protect and promote the right
to heath of the peopie and instill health consciousness among them. Likewise, it is the State's
responsibility to establish and maintain an effective drug regulatory system and undertake
appropriate policies that are responsive to the country’s health needs and problems.

Consistent with these Constitutional mandates, the State shall implement a system for vaccine-
related injury indemnification to serve as a fair, efficient and stable mechanism for individuals to
obtain compensation upon occurrence of verified vaccine-related adverse events without need to
attribute fault or negligence on vaccine manufacturers or suppliers. This shall be the primary
mode of compensation and an alternative to long-drawn, expensive court litigations that constrain
vaccine recipients from pursuing bona fide claims for vaccine-related injuries.

SEC. 3, Sources of the Fund. — The Government Ve Inder tion Fund (The "Fund")
shall be subsidized by pharmaceutical companies that supply government with vaccines for public
immunization programs. Pharmaceutical companies participating in public tenders and are
awarded government contracts for the supply of such vaccines shall reserve at least one percent
(1 %) of the contract price which shall form part of the Fund. The reserved amount shall be
deposited with the Bureau of Treasury of the Department of Budget and Management.

SEC. 4. Use of the Fund. - The Fund shall be earmarked exclusively to compensate and
indemnify identified vaccine recipients who sustain injury in connection with the use of vaccines
and where adverse effects are attributable to the vaccination.

SEC. 5, Management of the Fund, — The Fund shall be managed by the Vaccines
Compensation Board (the "Board") composed of the following:

1. Secretary of Justice - Chairperson


Secretary of Health - Vice-Chairperson

Secretary of Budget and Management - Member

Secretary of Finance - Member

Sectoral representative from the healthcare industry - Member
Sectoral representative from the patient advocacy groups - Member
Sectoral representative from the medical soci Member

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The sectoral representatives shall have term of office of three (3) years, The President of the
Philippines shall appoint from among a list of three (3) candidates upon the favorable
recommendation by the organizations of their respective sectors. Upon approval of this Act, the
sectoral representative from the healthcare industry shall have an initial term of one (1) year and
the sectoral representative from patient advocacy groups shali have an initial term of two (2)
years. Thereafter, the three-year term shall apply to all subsequent appointment. No sectoral
representative who has served a full term shall be eligible for reappointment to the Board.

SEC. 6. Powers and Functions of the Board. — The Board shall have the following powers
and functions.

(a) Provide overall strategic direction and guidance in the implementation of this Act including,
but not limited to the administration and utilization of the Fund, eligibility requirements,
rules on filing claims for injury or death and the decision-making process, standard of
proof required, elements of compensation and litigation rights of the parties involved;

bona fide claims compensati

(b) Exercise original and exclusive jurisdiction on ve
indemnification on vaccine-related injuries or death;

(©) Establish an efficient system for reporting and periodic reviews on the use and
management of the Fund through stringent internal controls and information systems;
and,

(d) Such other powers as may be proper and necessary to perform their duties and
responsibilities effectively and with full transparency taking into consideration the best
interests of all relevant stakeholders.

SEC. 7. Appropriations. ~ The amount needed for the initial implementation of this Act shall
subsequent General Appropriations Act. Thereafter, the amount needed for the continued
implementation of this Act shall be taken from the Fund. In case the Fund, after careful
assessment and projected utilization, shall be insufficient to answer for potential claims, the DOH
shall subsidize such amount in the supplemental budget to be included in the annual General
Appropriations.

SEC. 8 Implementing Rules and Regulations (IRR). — Within six (6) months from the
approval of this Act, the Department of Justice (DOJ), the Department of Health (DOH), and the
Department of Budget and Management (DBM), and the Department of Finance (DOF) in
coordination with other implementing agencies, shall formulate rules and guidelines as may be
necessary for the proper implementation and enforcement of this Act.


SEC. 9. Oversight Committee. - There is hereby created a Joint Congressional Oversight
Committee (JCOC) to oversee, monitor and evaluate the implementation of this Act. The JCOC
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. It shall be jointly chaired by Chairpersons of the Senate Committee
on Health and Demography and the House of Representatives Committee on Health.

SEC. 10. Separability Clause. — If any provision of this Act is held invalid or unconstitutional,
the other provisions not so declared shall remain in force and effect.

SEC. 11. Repealing Clause. — All laws, rules, regulations, orders, circulars, and memoranda
inconsistent with any provisions of this Act are hereby repeaied, amended or modified accordingly.

SEC. 12, Effectivity Clause. — Notwithstanding the non-issuance of the IRR, 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.

Approved,