Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No3 849

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,

and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF
BASIC HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT
UNITS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This Bill seeks to bolster the government’s delivery of health services to the
Filipino people and improve access to quality healthcare by returning the devolved
health care delivery system to the national government.

Section 15 of Article II of the 1987 Constitution clearly states that the State shall
protect and promote the right to health of the people and instill health consciousness
among them. The collective health of the people affects and hyper-extends the success
or failure of government in attaining human and socio-economic development.

Further, the World Health Organization (WHO) Alma Ata Declaration in 1978,
of which the Philippine government is a signatory, reiterates that health is a fundamental
human right and explicitly states that “the attainment of the highest possible level of
health is a most important world-wide social goal.”


The devolution of the government's health care delivery system via Republic Act
7160. otherwise known as the Local Government Code of 1991. has given rise to
various problems, especially in terms of access to quality healthcare.

A review of the Local Government Code in 2014 published by Health
Perspectives Inc. has shown that devolution has resulted in a highly fragmented health
system. The Department of Health (DOH) has no direct control over the local
government units (LGUs), who are the implementers of health programs. On the other
hand. LGUs develop health plans without regard for the larger health agenda. Local
officials lack the capacity to manage health. while many health personnel could not
adequately deal with local officials. Moreover, health is not a priority of most LGU
officials and LGUs have unequal capacities to sustain health services. The gap between
different classes of municipalities widened, as urbanized and developed municipalities
tend to have more funds for health care than those in the 4" to 6" class municipalities.

IBON databank in its paper Devolution of Health Services in 2010 documented
further deterioration of public health facilities, lack of health personnel and
demoralization of devolved health personnel due to low salaries and benefits compared
to their national counterparts.

Based on the data from IBON Foundation. the budget for health, nutrition and
population control have alarmingly decreased since devolution. In provinces, the share
of the said item in 2001 stood at 20% of their total income and expenditures but went
to 14% of total income and 16% of total expenditures in 2008. In municipalities, the
share of the said item in total income and expenditures went down by 23% and 15%,
respectively.

Even the DOH recognized the problems created by devolution of health care. In
2014, former DOH Secretary Enrique Ona proposed that the Local Government Code
be amended to revert the direct supervision of provincial officers and municipal health
officers to the DOH.

There is an urgent need to address the problems created by devolution of health
services. Health care must be made accessible, affordable, and appropriate to the needs
of the people, especially at the grassroots level. The public health care delivery system
must be strengthened down to the barangay level. Preventive health care and public
health must be given emphasis.

Ultimately. collective and political action will remain vital in bringing about
meaningful social changes that will redound to the people’s benefit. Your earnest
support to this endeavor can, in a very literal sense, save lives.

This Bill has been filed since the 16 Congress by Bayan Muna Party-List. It
was then refiled during the 17" and 18" Congress as House Bill Nos. 5083 and 35



respectively, It is a major step to address the fatal flaws of the decentralization of health
services. In order to have a comprehensive and integrated health care delivery system
as mandated by the 1987 Constitution of the Republic of the Philippines, the urgent
approval of this Bill is earnestly recommended.

Rep. FRANCE-L. CASTRO
AGF Teachérs Party-List

Zz Ariat!

p. ARLENE D. BROSAS Rep. RAOUL DANNIEL A. MANUEL
GABRIELA Women’s Party KABATAAN Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No3849

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF
BASIC HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT
UNITS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “Renationalization of Health
Services and Facilities Act of 2022."

SECTION 2. Declaration of Policy. —\t is the declared policy of the State that it shall
protect and promote the right to health of the people and instill health consciousness
among them. Further, the State shall endeavor to make essential goods, health and other
services available to all the people at affordable cost.

SECTION 3. Objectives. — The objectives of this Act are:

a) to prevent the further deterioration of government health services and facilities
and reverse the negative trend brought about by devolution;


b) to provide all essential health services to the people. especially the sick. the poor
and marginalized sectors of society: and

©) to improve and uplift the morale, social, and economic well-being of health
workers.

SECTION 4. Renationalization. ~ All health services and facilities devolved to the
local government units are hereby renationalized or returned to the auspices of the
national government. Renationalization for the purpose of this Act shall mean the
reversion to the national government of the discharge of basic health services devolved
to local government units (LGUs), which shall include the control. supervision,
management and maintenance of health facilities, personnel and health services.

For this purpose. the following provision of the Local Government Code of 1991
(RA7160), are hereby deleted and declared no longer enforceable and effective:

Section 17 (b) paragraph (1) (ii), paragraph (2) (iii), paragraph (3) (iv), and (4)
for health services only:

Section 102 (a) (1). (2). (3). (b) (1). (2). and (3):
Section 103 (a) and (b): Section 104:
Section 105: and
Other related provisions of the Local Government Code that pertain to
devolved health services and facilities.

TRANSITORY PROVISIONS

The amount of Sixty billion pesos (P60.000,000.000)

SECTION 5. Appropriations.
tions of the Department of Health for the

shall be added to the appropt
implementation of this Act.

‘Thereafter, such sums as may be needed for its continued implementation shall
be included in the budget of the Department of Health in the annual General
Appropriations Act, specifically five (5) percent of the country’s projected Gross
National Product (GNP) are allocated for the continued operation and maintenance of
all the government hospitals at the national, regional, provincial, district. city, and
municipality levels.

FINAL PROVISIONS


SECTION 6. Implementing Rules and Regulations. — The Department of Health
(DOH), in consultation with the representatives from local government units, relevant
professional health associations and health sector organizations, shall promulgate the
necessary implementing rules and regulations (IRR) for the effective implementation of
this Act no later than 90 days upon the effectivity of this Act. Failure of the DOH to
promulgate the IRR within the period required in this Act shall subject the Secretary of
Health to administrative sanction.

SECTION 7. Separability Clause. — \f any part or provision of this Act is held invalid,
illegal or unconstitutional, the remaining parts or provisions not affected shall remain
in full force and effect.

SECTION 8. Repealing Clause. — All laws, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or parts thereof contrary to or inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.
SECTION 9. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,

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