THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES } 
Second Regular Session 
SENATE 
. . RECEIVED BY: -+- 
t 
S. No. 2383. " 
a 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The avian influenza pandemic is a real threat which should be given serious 
attention by the Philippine government. Cases of highly pathogenic influenza have 
resulted to the death of the infected humans. To date, no researches have been 
concluded to rule out human-to-human transmission of the avian virus. The severity and 
schedule of an influenza pandemic is not predictable. Scientists are concerned that the 
avian influenza virus could one day be able to infect humans for which we have no 
immunity protection. 
This bill aims to establish a pandemic emergency plan to enable the Philippines 
to be better prepared to recognize and manage an influenza pandemic. 
A 
preparedness plan may help reduce transmission of the pandemic virus, reduce cases 
of hospitalization and deaths, and maintain essential services to reduce its possible 
adverse economic and social impact. 
In view of the foregoing, the enactment of this bill is earnestly sought. 
MANNYVILL R ! 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES } 
Second Regular Session 
6 
JUN -7 
PR, :5 i 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT ESTABLISHING A PANDEMIC PREPAREIINESS PLAN AND FOR OTHER 
PURPOSES THEREFOR 
. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known and cited as the "Pandemic 
Preparedness Act of 2005 
SECTION 2., Declaration of Policy. - While considering national sovereignty, 
territorial integrity, national interest and the right to self-determination paramount in its 
relations with other states, the State shall, at all times, give paramount importance to 
the health of its citizens whether in the country or overseas, in general, and Filipino 
migrant workers, in particular. 
The State shall likewise endeavor to efficiently and immediately address all 
potential and actual public health emergencies for the promotion of the general welfare 
of the people. 
SECTION 3. Definition of Terms.- 
(a) Avian Flu also called H5N1 virus - is an influenza A virus subtype that occurs mainly 
among birds. Avian Flu is found to be very contagious among birds and can make some 
domesticated birds, including chickens, ducks, and turkeys, very sick; 
(b) Influenza Pandemic - refers to the adaptation of an avian influenza virus into a strain 
that is contagious among humans; 
(c) Quarantine - refers to separation and restriction of movement of persons who are 
exposed or may be infected to protect public from the disease. Quarantine may be 
practiced by individuals in their homes; 
(d) Isolation - refers to separation or restriction of movement of an ill person from 
healthy persons by way of seclusion in hospitals or designated health care facilities; 
(e) Health Care Facility - means any institution, building or agency or portion thereof 
that is used, operated or designed to provide health services, medical treatment, or 
nursing, rehabilitative or preventive care to any person or persons. 
(9 Health Care Provider - refers to any person or entity providing health care services 
including, but not limited to, hospitals, medical clinics and offices, special care facilities, 
medical laboratories, physicians, pharmacists, physician assistants, nurse practitioners, 
registered and other nurses, paramedics, medical and laboratory technicians, and 
ambulance and emergency medical workers. 


(9) Oseltamivir and zanamivir - refer to the influenza anti-viral drugs approved by the 
US. Food and Drug Administration for the treatment of influenza and for prophylaxis. 
1. 
AVIAN INFLUENZA INFORMATION AND EDUCATION CAMPAIGN 
SECTION 4. Campaign at the Community Level. - A comprehensive 
information dissemination and education campaign shall be conducted in every 
barangay unit of the country to educate the community on the nature, causes, 
prevention and treatment of Avian Influenza or the possibility of a new strain thereof. 
For this purpose, the provincial governor, city or municipal mayor and the barangay 
chairman shall collaborate andlor coordinate with the Department of Health (DOH), 
other concerned government agencies, non-governmental organization and other 
members of the private sector. 
A separate and a more extensive instruction shall be given to barangay, 
municipal, city or provincial health and social workers, health care providers, health 
organizations, and other, concerned non-governmental organizations on how to detect, 
diagnose and.prevent the spread of avian influenza, and how to prepare for a possible 
Influenza Pandemic. 
SECTION 5. Campaign in Educational Institutions. - The Department of 
Education, Culture and Sports (DECS), the Commission on Higher Education (CHED) 
and the Technical Education and Skills Development Authority (TESDA), utilizing official 
information provided by the Department of Health, shall require and facilitate the 
education of the students on the nature, causes, transmission, and prevention of avian 
influenza, and its possible transmission to human beings. 
SECTION 6. Campaign in the Government Sector. - The Department of Health 
(DOH) shall coordinate with the different heads of government agencies in the 
education of all government employees, officials and officers, including members of the 
Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) on the 
nature, causes, transmission and prevention of avian influenza, and the respective 
responsibilities of each government office in the event of an Influenza Pandemic. 
SECTION 7. Mandatory Education of Foreigners and Filipino Citizens 
Traveling Abroad. - The State shall ensure that all individuals traveling abroad, 
whether Foreigner or Filipino citizen, shall undergo instruction or attend a seminar on 
the cause and prevention of avian influenza before leaving the Philippines. The 
Department of Justice (DOJ), through the Bureau of Immigration (BI), and in 
collaboration with the Department of Health, shall oversee the implementation of this 
section. 
11. 
PREVENTION 
AND 
SUPPRESSION 
MEASURES 
WITHIN 
THE 
TERRITORY 
SECTION 8. Duty of Heads of Families, Person In-Charge of Places. - Where 
a person living in a building used for human habitation is suffering from avian influenza, 
the head of the family or the relatives shall immediately send notice of the same to the 
nearest city or municipal health office. 
If it is a child attending a school, orphanage or other such institution, or a person 
residing in any hotel, boarding house or other such institution, the person in charge of 
such a place shall send notice of the infectious disease to their nearest city or municipal 


health officer and give the officer a list of scholars or residents, together with their 
addresses. 
SECTION 9. Duty of Medical Practitioners and other Health Care Providers. 
- Every medical practitioner who attends to a patient suffering from avian influenza shall 
send to the nearest city or municipal health office a report stating the name of the 
patient and the situatibn of the building. 
Any medical practitioner who becomes aware, by post-mortem or other means 
that any person had died of avian influenza shall immediately give to the nearest city or 
municipal health office a certificate of such disease and inform the head of the 
household, person in charge of school, orphanage, hotel and so on the infectious nature 
of the disease and the precautions to be taken to prevent its conveyance to others. 
SECTION I O .  Power of City or Municipal Health Officers. - A city or municipal 
health officer may at any time enter and inspect any premises in which he has reason to 
believe that someone is suffering from, or had recently suffered from avian influenza. 
The city or municipal health officer may medically examine any person in such premises 
for the purpose of ascertaining whether such person is suffering or has recently suffered 
from any infectious disease. He may also order the arrest, apprehension, detention or 
conditional release of individuals to prevent the transmission or spread of the suspected 
infectious disease. 
SECTION 11. Duty of City or Municipal Health Officers. - If a city or municipal 
health officer is of the opinion that the cleansing and disinfecting of any building or any 
part of the building, and any articles in the building which are likely to retain infection. 
would tend to prevent or check infectious diseases, it shall be his duty to give notice in 
writing to the owner or occupant of the building specifying the steps to be taken to 
cleanse and disinfect the building and articles within a specified time. 
111. 
PANDEMIC EMERGENCY COUNCIL 
SECTION 12. Pandemic Emergency Council. The Pandemic Emergency 
Council (Council) is hereby established composed of the following: the Secretary of 
Health as ex official Chairman of the council, with the Secretary of Interior and Local 
Government, Administrator of the Philippine Overseas Employment Administration 
(POEA), President of Philippine Health Insurance Corporation (PhilHealth) as ex official 
members, and three (3) representatives from the private health sector. 
The Council shall convene within thirty (30) days following the approval of the 
Implementing Rules and Regulations (IRR) of this Act. Upon organization of the 
Council, it shall draw up a National Pandemic Emergency Plan, and conduct a briefing 
for all local government units and health care workers in the government sector. 
SECTION 13. Health Care Facilities and Services. - The Council, in 
coordination with local government units and other concerned government agencies 
shall set up health care facilities and isolation centers which shall undertake pandemic 
prevention and preparedness services and activities, and shall respond to any public 
health emergency, particularly avian influenza. 
The Council may require privately owned health care facilities to provide services 
or the use of its facility in the event of an influenza pandemic and only if government 
health institutions are unable to cope with the public health emergency. 
SECTION 14. Isolation and Quarantine of Individuals or Groups. - The 
Council may, in cooperation with the concerned local chief executive, authorize isolation 


or quarantining of individuals or groups of individuals who have not been vaccinated, 
treated, tested, or examined for diagnosis or treatment, in accordance with existing 
laws, rules and regulations. 
Restriction on the movement of persons in and out of the initially affected area by 
the Council shall likewise be permitted under this Act. If evidence indicates amplified 
transmission or dispersion of the infection into the wider community, the Council shall 
be authorized to adapt "social distancing" measures, such as the closing of schools or 
cancellation of large gatherings. 
SECTION 15. Control of Pharmaceutical Agents and Medical Supplies. - 
The Council shall purchase. store or distribute sufficient quantity of anti-viral agents for 
influenza such as oseltamivir and zanamivir, anti-toxins, serums, vaccines and other 
pharmaceutical agents or medical supplies that it considers advisable in the interest of 
preparing for or controlling an influenza pandemic. 
restrict and regulate the use and rationing of the abovementioned products. 
In the event of an Influenza Pandemic, the Department of Health may control, 
SECTION 16. Monitoring Program. - A comprehensive Avian Influenza 
monitoring program shall be established by the Council to determine and monitor the 
presence, magnitude and progression of avian flu infection or a new strain thereof in the 
Philippines, and for the purpose of evaluating the adequacy and efficacy of the 
countermeasures being employed. 
SECTION 17. Reporting Procedures. - All hospitals, clinics, laboratories, and 
testing centers for avian influenza or a new strain thereof shall adopt measures in 
assuring the reporting and confidentiality of any medical record, personal data, and 
other files. The Council through its monitoring programs shall receive, collate and 
evaluate all avian flu related medical reports. The Council monitoring data base shall 
utilize a coding system that promotes anonymity. 
IV. 
PROTECTION OF HEALTH CARE WORKERS 
SECTION 18. Vaccination of healthcare Workers against Human Influenza. 
-Health care workers involved in the care of patients with document or suspected avian 
influenza shall, before handling these patients, be vaccinated with the most recent 
seasonal human Influenza vaccine. 
SECTION 19. Wearing of Surgical Masks. - For their protection, health care 
workers and first responders shall be provided with N95 respiratory masks or well-fitting 
surgical masks. Patients are likewise required to wear surgical masks. 
SECTION 20. Surveillance and Monitoring of Health Care Workers. - Health 
care workers shall be vigilant of the development of fever, respiratory systems, and/or 
conjunctivitis for one week after last exposure to avian influenza-infected patients. 
Health care workers who become ill should seek medical care and should stay home 
until 24 hours after resolution of fever, unless an alternative diagnosis is established or 
diagnostic tests are negative for influenza A virus. 
V. 
PROTECTION OF OVERSEAS WORKERS 
SECTION 21. Medical Examination and Treatment of Overseas Workers. - 
The Overseas Workers Welfare Administration (OWWA), in coordination, the Philippine 
Health -Insurance Corporation (PhifHealth), the Department of Foreign Affairs (DFA), 


and the Council, shall undertake the medical examination and treatment of overseas 
workers and their families in cases of influenza epidemics or pandemic or similar events 
abroad. All costs attendant to the medical examination and treatment of overseas 
workers shall be borne by the Philippine Health Insurance Corporation (PhilHealth). 
SECTION 22. Where Undertaken. - The medical examination shall be 
undertaken in most populated foreign cities, especially in countries affected by an 
epidemic or possible outbreak of emergency infectious diseases, and shall be 
administered compulsorily to citizens who are returning to the Philippines, 
SECTION 23. Mandatory Application of Appropriate Clinical Procedures. - 
The appropriate clinical management procedure, which includes quarantine or voluntary 
home confinement, isolation, and use of anti-viral drugs for treatment of cases and 
prophylaxis, shall be mandatorily applied to persons found to have been infected or 
suspected of being infected. 
SECTION 24. Creation of Emergency Fund. - There is hereby created and 
established an emergency fund for the medical examination and treatment of overseas 
workers under the administration, control and supervision of the PhilHealth initially to 
consist of Ten Million pesos (PlO,OOO,OOO.OO), which shall be taken from the 
existing fund held in trust by the PhilHealth for the benefit of the overseas workers. 
SECTION 25. Authority of OWWA. - The functions and responsibilities of 
OWWA shall include the ff: 
a. the formulation and implementation of measures and programs, in consultation With 
appropriate agencies, to safeguard the health of overseas workers and their families 
abroad; 
b. the forging of memorandum of agreements with the POEA, the DOH, the DFA, the 
Phil Health and other appropriate international organizations in connection with the 
purpose of this Act. 
VI. 
MISCELLANEOUS PROVISIONS 
SECTION 26. Influenza Pandemic Crisis Fund. - For purposes of this Act, 
there shall be created an Influenza Pandemic Crisis Fund to be determined and 
approved by the President of the Philippines upon recommendation of the Secretary of 
the Department of Health. 
SECTION 
27. 
Formulation and 
Implementation of an Avian Flu 
Preparedness Plan and Handbook. The Pandemic Emergency Council, in 
collaboration with the Department of Health, local government units, other concerned 
agencies and private health organizations, shall be responsible for the formulation and 
implementation of a Pandemic Preparedness Plan and Handbook to detect, prevent the 
spread, contain and manage emergencies resulting from an influenza pandemic, among 
others. 
The aforementioned pandemic preparedness plan and handbook shall include 
the following: 
1. Basic Information about Avian Influenza; 
2. Typical symptoms of avian influenza infection among humans, poultry and other 
animals; 
3. Guidelines for the Treatment of Influenza Infections; 
4. Respiratory Hygiene and Cough Etiquette; 


5. Guidelines in the handling of poultry, swine and other animals; 
6. Guidelines for enhanced surveillance, testing, and infection control; 
7. Environmental Infection Control Guidelines; 
8. Guidelines for the protection of health care workers; 
9. Guidelines for Hospitals and other Health care facilities workers; 
IO. Emergency measures ‘in case of an influenza pandemic. 
SECTION 28. Penalties. 
(a) Penalty for Breach of Duty under Sections 8, 9, and 11 of this Act. - AI/ persons, 
under a duty to inform the nearest city or municipal health office of the infectious 
disease, who fail or neglect to inform the same shall be sentenced to an imprisonment 
of not more than six (6) months or a fine of not more than Twenty thousand pesos 
(P20,OOO.OO) or both upon the discretion of the Court. 
(b) Penalty for Violation of Orders of Medical Officers deployed by the OWAIVA. - Any 
person who refuses or violates the order of the medical officer deployed by OWWA shall 
be arrested without prejudice to the applicable laws of foreign countries, and denied 
entry into the Philippines until a medical clearance has been issued to him by OWWA. 
In addition, he shall be sentenced to an imprisonment of not more than six (6) months or 
a fine of not more than Twenty thousand pesos (P20,OOO.OO) or both upon the 
discretion of the Court. 
(c) Penalty for Refusal to Provide Health Services under Section 12 of this Act. The 
owner, manager or administrator of a private health care facility who refuses to give 
services or allow the use of its facility during an influenza pandemic shall suffer the 
penalty of imprisonment of not more than one (1) year nor less than six (6) months, 
and/or a fine of One Hundred Thousand Pesos (P100,000.00), 
upon the discretion of 
the Court. 
(d) Penalty for Individuals who refuse isolation, quarantine, testing, vaccination under; 
Section 13. Any person who refuses vaccination, treatment, testing, examination for 
diagnosis or treatment, or isolation and quarantine in accordance with existing laws, 
rules and regulations and to the detriment of the general public shall suffer the penalty 
of imprisonment of not more than six (6) months or a fine of not more than Twenty 
thousand pesos (P20,OOO.OO) or both upon the discretion of the Court. 
SECTION 29. Implementing Rules and Regulations. Within thirty (30) days 
from promulgation of this Act, DOH, in collaboration With the OWWA, the POEA, 
PhilHealth, DOJ and the DFA and representatives from the private health sector; shall 
issue necessary rules and regulations to make this Act operative. 
SECTION 30. Repealing Clause. Any law, presidential decree or issuance, 
executive. order, rule or regulation contrary to, or inconsistent with the provisions of this 
Act is hereby repealed, modified, or amended accordingly. 
SECTION 31. Effectivity. This Act shall take effect fifteen (15) days following its 
complete publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,