EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
t. r V 4\r.
SENATE
•21 FEB 16 P3'-22
COMMITTEE REPORT NO. 
" -
Prepared and submitted jointly by the Committees on Finance; Ways and Means; 
and Health and Demography on FEB 16-2021--------- •
Re: Senate Bill No.
Recommending its approval in substitution of Senate Biil Nos. 1988, 1994, 1999, 
2042 and 2046 taking into consideration P.S. Nos. 615 and 617.
Sponsor: Senator Sonny Angara
MR. PRESIDENT:
The Committees on Finance; Ways and Means; and Health and Demography 
to which were referred Senate Bill No. 1988, introduced by Senator Imee R. 
Marcos, entitled:
"AN ACT
EXEMPTING THE LOCAL GOVERNMENT UNITS AND THE PRIVATE SECTOR 
WHO ARE ACQUIRING AND PURCHASING COVID-19 VACCINES FROM 
IMPORT DUTIES, TAXES, AND OTHER FEES INCLUDING THE EXEMPTION 
FROM REPUBLIC ACT NO. 9184 OTHERWISE KNOWN AS THE 
'GOVERNMENT PROCUREMENT REFORM ACT"
Senate Bill No. 1994, introduced by Senator Grace Poe entitled:
"AN ACT
PROVIDING FOR A VACCINE OR IMMUNIZATION PASSPORT FOR COVID- 
19 AND OTHER EMERGING OR RE-EMERGING INFECTIOUS DISEASES, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES"


Senate Bill No. 1999, introduced by Senators Pia S. Cayetano and Ramon 
Bong Revilla, Jr. entitled;
"AN ACT
CREATING A VACCINE PASSPORT PROGRAM, AND PROVIDING FUNDS
THEREFOR"
Senate Bill No. 2042, introduced by Senator Juan Miguel F. Zubiri and 
Senator Ramon Bong Revilla, Jr., entitled:
"AN ACT
EXPEDITING THE PURCHASE AND ADMINISTRATION OF VACCINES 
FOR THE PROTECTION AGAINST THE CORONAVIRUS DISEASE 2019 
BY EXEMPTING LOCAL GOVERNMENT UNITS FROM COMPLIANCE 
WITH THE PROCUREMENT REQUIREMENTS UNDER REPUBLIC ACT 
NO. 9184, OTHERWISE KNOWN AS THE 'GOVERNMENT 
PROCUREMENT REFORM ACT,, AND OTHER RELATED LAWS"
and Senate Bill No. 2046, introduced by Senator Sonny Angara, entitled:
"AN ACT
EXEMPTING THE DONATION OF VACCINES, CRITICAL PRODUCTS, 
ESSENTIAL GOODS, EQUIPMENT OR SUPPLIES NEEDED TO CONTAIN 
AND MITIGATE COVID-19 FROM DONOR'S TAX AND FOR OTHER
PURPOSES"
taking into consideration P.S. Resolution No. 615, introduced by Senator Imee 
R. Marcos, entitled:
"RESOLUTION
URGING THE PHILIPPINE GOVERNMENT TO ALLOW THE LOCAL 
GOVERNMENT UNITS AND THE PRIVATE SECTOR TO ACQUIRE AND 
PURCHASE COVID-19 VACCINES FOR THEIR CONSTITUENTS, EMPLOYEES,
AND DEPENDENTS"
and P.S. Resolution No. 617, introduced by Senator Ralph G. Recto, entitled:


"RESOLUTION
URGING THE NATIONAL GOVERNMENT TO ALLOW THE LOCAL 
GOVERNMENT UNITS AND THE PRIVATE SECTOR THE PROCUREMENT OF 
COVID-19 VACCINES FOR USE OF THEIR CONSTITUENTS AND EMPLOYEES 
INCLUDING THEIR DEPENDENTS UPON ISSUANCE OF EMERGENCY USE 
AUTHORIZATION BY THE FOOD AND DRUG ADMINISTRATION, WITH THE 
END IN VIEW OF PREVENTING THE SPREAD OF THE DISEASE AND 
FURTHER OPENING UP THE ECONOMY"
have considered the same and have the honor to report it back to the Senate with 
the recommendation that the attached Senate Bill No. 
by the Committees, entitled:
prepared
"AN ACT-
EXPEDITING THE PROCUREMENT AND ADMINISTRATION OF VACCINES 
FOR THE PROTECTION AGAINST THE CORONAVIRUS DISEASE 2019 
(COVID-19), PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES."
be approved in substitution of Senate Bill Nos. 1988, 1994, 1999, 2042 and 2046 
taking into consideration P.S. Resolution Nos. 615 and 617 with Senators Marcos, 
Poe, Cayetano, Revilla Jr., Zubiri, Angara, Recto and Go as authors.


RESPECTFULLY SUBMITTED:
SONNY ANGARA
Chairperson 
Committee on Finance 
Vice-Chairman, Committee on Ways and 
Means
PIA^S. CAYEiy
Chairpersj
Committee on Ways and Means 
Vice-Chairman, Committees on Finance; 
and Health and Demography
CHRISTOPH!^ LAWRENCE T. GO
Chairperson
Committee on^ealth and Demography 
Vice-Chairperson, Committee on Finance 
Member, Committee on Ways and Means
Vice-Chairpersons:
PANFILCTM. LACSON
Committee on Finance 
MeKi^r^Committees on Ways and 
Means)"!?!^ Health and Demography
WIN GATCHALIAN
Committee on Finance 
Member, Committee on Ways and Means
/(/l/-A
CYNTHIA VILLAR \
Committee on Finance
[LLANUEVA
^ittee on Finance
RICHARD 3. GORDON
Committee on Finance 
Member, Committees on Ways and 
Means; and Health and Demography
GRACE POE
Committee on Finance 
Member, Committee on Ways and 
Means


IMEFTf. MARCOS
Committee on Finance 
Member, Committees on Ways and 
Means; and Health and Demography
RISA HONTIVEROS //
Committee on Finance 
Member, Committees on Ways and 
Means; and Health and Demography
MARIA LOURDES NANCY S. BINAY
Committee on Health and Demography 
Member, Committee on Finance
Members:
RONALD \^AW DELA ROSA
Committees orrFmance; Ways and 
Means; and Health and Demography
FRANCIS "TOL" N. TOLENTINO
Committees on Finance; and Health and 
Demography
PACQUIAO
Committees on Finance; and Ways and 
Means
LEILA M. DE LIMA
Committees on Finance; and Ways and 
Means
. tANUEL "LITO" M. LAPm^
Committees on Finance; and ways 
and Means
RAMON BONG REVILLA JR.
Committees on Finance; and Ways and 
Means
AQUILINO "KOKO" PIMENTEL III
Committees on Finance; and Health 
and Demography
may interpellate/amend
FRANCIS "KIKO'NPANGILINAN
Committees on Fipaiice; Ways and 
Means; and Health and Demography


:io Members:
RALPH iS. RECTO
Senate Presi/ent Pro-Tempore
|U ^KLIN M. DRILON
Mi lority Floor Leader
Kt^^GUEL F. ZUBIRI
Majority Floor Leader
HON. VICENTE C. SOTTO III
Senate President


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
'21 FEB 16 P3:22
SENATE
s. B. No. 2057
(In substitution of Senate Bill Nos. 1988,1994, 1999, 2c)^2 and 2046)"
Prepared and submitted by the Committees on Finance; Ways and Means; and 
Health and Demography with Senators Marcos, Poe, Cayetano, RevUia, Jr., Zubiri,
Angara, Recto and Go, as authors
AN ACT
EXPEDITING THE PROCUREMENT AND ADMINISTRATION OF VACCINES 
FOR THE PROTECTION AGAINST THE CORONAVIRUS DISEASE 2019 
(COVID-19), PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Short Title. -This Act shall be known and cited as 'sCOVID-19
2 
Vaccination Program Act of2021".
3 
SEC. 2. Declaration of Policy. -It is hereby declared the policy of the State
4 
to adopt an integrated approach to health development which shall endeavor to make
5 
essential social services available to all people at affordable cost. For this reason, the
6 
State shall undertake a COVID-19 Vaccination Program with the following objectives:
7 
(a) Address the adverse impact of COVID-19 through the procurement and
8 
administration of safe and effective COVID-19 vaccines by the National
9 
Government through the Department of Health (DOH) and the National
10 
Taskforce Against COVID-19 (NTF), and other duly constituted authorities
11 
and instrumentalities;
12 
(b) Source and procure through the DOH and NTF, either through themselves
13 
jointly or in cooperation with any national government agency or
14 
instrumentality or local government unit, safe and effective COVID-19
15 
vaccines, regardless of source of funding;


1 
(c) Recognize the experimental nature of COVID-19 vaccines available in the
2 
market and compensate any serious adverse effects (SAE) arising from the
3 
use of COVID-19 vaccine, experienced by peopie inoculated through the
4 
COVID-19 Vaccination Program; and
5 
(d) Creation of a COVID-19 National Vaccine Indemnity Fund to be
6 
administered by the Philippine Health Insurance Corporation (PhilHealth) to
7 
compensate persons encountering SAE pursuant to the preceding
8 
paragraph.
9 
SEC. 3. Procurement of COVID-19 Vaccines. - Notwithstanding any law
10 
to the contrary, the DOH and the NTF, either through themseives jointly or in
11 
cooperation with any national government agency or instrumentality or local
12 
government unit (LGU), are authorized to procure COVID-19 vaccines, inciuding
13 
ancillary supplies and services necessary for their storage, transport and deployment,
14 
through Negotiated Procurement under Emergency Cases pursuant to Sec. 53 of
15 
Republic Act No. 9184 and Section 53 of the 2016 Revised Implementing Rules and
16 
Regulations of Republic Act No. 9184: Provided, That in the procurement of COVID-
17 
19 vaccines, the NTF shall be authorized to negotiate and approve the terms and
18 
conditions thereof in behalf of procuring entities including but not limited to the price
19 
and payment terms making sure that there is price uniformity and to prevent price
20 
competition: Provided further, That after the negotiations by the NTF, the procuring
21 
entities are authorized to enter into supply agreement, advance market commitment,
22 
advance payment, research investment, purchase order or any similar arrangements
23 
or other requirements as may be identified by the NTF.
24 
Section 338 of Republic Act No. 7160, as amended, otherwise known as the
25 
"Local Government Code 
"Section 88 of Presidential Decree No. 1445, as
26 
amended, otherwise known as the "Government Auditing Code of the Philippines, "and
27 
any law to the contrary notwithstanding, provinces, cities and municipalities may
28 
advance payment of not more than fifty percent (50%) of the contract price if required
29 
by the supplier, manufacturer, or distributor: Provided, That the authority to make
30 
advance payment shall be limited only for the procurement of COVID-19 vaccines and
31 
to secure other goods and services necessary for their storage, transport, deployment
32 
and administration: Provided, further, That this section shall have retroactive
33 
application from January 1, 2021.
2


1 
SEC. 4. Procurement of COVJD-19 Vaccines by Local Government
2 
Units. -Provinces, cities and municipalities may procure only in cooperation with the
3 
DOH and NTF through a muitiparty agreement, which shall include the DOH and the
4 
relevant supplier of COVID-19 vaccine: Provided, That these LCDs shall procure no
5 
more than fifty percent (50%) of their target population for vaccination: Provided
6 
further. That the fifty percent (50%) cap may be adjusted by the Inter-Agency Task
7 
Force for the Management of Emerging Infectious Diseases (lATF) when there is
8 
sufficient supply of vaccines as determined by DOH and NTF: Provided furthermore,
9 
That the provision on advance payment as provided in the preceding section shail also
10 
apply: Provided finaiiy, That this section shall have retroactive application from
11 
January 1, 2021.
12 
If the procurement of vaccine is funded by the national government, the LGU
13 
shall comply with the science and evidence-based terms and conditions of depioyment
14 
and prioritization provided by the Nationai Immunization Technical Advisory Group
15 
(NITAG).
16 
For LGU-funded vaccines, the inoculation order must, at all times, be science
17 
and evidence-based, prioritizing the needs of the foiiowing speciai groups: frontline
18 
workers in health facilities, senior citizens, and indigent persons.
19 
To ensure transparency, the LGUs shall also submit a masterlist of the names
20 
and profiles of the residents in their respective localities who are eligible to receive
21 
the vaccine to the national government.
22 
SEC. 5. Procurement of COVID-19 Vaccines by Private Entities. -
23 
Private entities may procure COVID-19 vaccines only in cooperation with the DOH and
24 
NTF through a multiparty agreement, which shall include the DOH and the relevant
25 
supplier of COVID-19 vaccine. Any such vaccines, supplies or services procured by
26 
private entities shall be for the sole and exclusive use of such companies, without
27 
prejudice to the multiparty agreement: Provided, That in the negotiation of the terms
28 
and conditions in the procurement of COVID-19 vaccines, none of the terms offered
29 
to private entities is or will be more favorable to such private entities than those
30 
provided to the government: Provided further. That priority in the inoculation shall be
31 
given to its health care workers, senior citizens, economic frontliners, and essential
32 
workers.


1 
SEC. 6. Transparency and Accountability in COVID-19 Vaccine
2 
Procurement. -The national government as well as local government units may only
3 
procure COVID-19 vaccines that are registered with the Philippine Food and Drug
4 
Administration (FDA) as evidenced by a valid Certificate of Product Registration or
5 
which possess an Emergency Use Authorization (EUA). For purposes of transparency,
6 
the following information shall be posted in a conspicuous place of the procuring entity
7 
and in the Government Procurement Policy Board (GPPB) Online Portal within thirty
8 
(30) days after award or execution of definitive agreement or after the effectivity of
9 
this Act, whichever is applicable:
10 
(a) Approved budget for the contract;
11 
(b) Name and details of the COVID-19 vaccine or ancillary service or supplies;
12 
(c) Name of the supplier, manufacturer, or distributor; and
13 
(d) Amount of contract as awarded.
14 
SEC. 7. Authority to Make Recommendations Based on Preliminary
15 
Data from Phase III Clinical Trials. - Notwithstanding any law to the contrary,
16 
the Health Technology Assessment Council (HTAC) shall have the authority to make
17 
recommendations to the DOH and the PhilHealth on COVID-19 vaccines based on
18 
preliminary data from Phase III clinical trials and World Health Organization
19 
recommendations, in the absence of completed Phase III and Phase IV clinical trials:
20 
Provided, That the COVID-19 vaccine manufacturer has been issued an EUA by the
21 
FDA: Provided further, that the Health Technology Assessment (HTA) process shall
22 
only be valid for as long as the EUA issued by the FDA is in effect, such that in the
23 
event of revocation or cancellation thereof by the FDA Director General, the HTA
24 
process shall be terminated regardless of stage, and if it has been completed, the
25 
results shall be set aside.
26 
SEC. 8. Immunity from Liability. - Notwithstanding any law to the contrary,
27 
the Secretary of Health shall provide guidelines declaring a covered person to be
28 
immune from suit and liability under Philippine laws with respect to all claims arising
29 
out of, related to, or resulting from the administration or use of a COVID-19 vaccine
30 
under the COVID-19 Vaccination Program, except if the claim is brought about by
31 
willful misconduct. Covered person shall include public officers, their employees,
32 
contractors, and volunteers who are duly authorized to carry out and actually carrying
33 
out the COVID-19 Vaccination Program.
4


1 
SEC. 9. COVID-19 National Vaccine Indemnity Fund. - The COVID-19
2 
National Vaccine Indemnity Fund, which shall be administered by the PhilHealth, is
3 
hereby established to compensate any person inoculated through the COVID-19
4 
Vaccination Program, in case of death or for the medical treatment of any SAEs. The
5 
amount of Five Hundred Million Pesos (P500,000,000) is hereby authorized to augment
6 
the funds of PhilHealth for this purpose which shall be sourced from the Contingent
7 
Fund.
8 
For this purpose, the lATF shall establish a Special Task Group composed of
9 
medical and vaccine experts who will be In charge of monitoring the probable adverse
10 
events following immunization from COVID-19. The Special Task Group shall
11 
promulgate the necessary guidelines on the monitoring and reporting mechanism to
12 
be followed by all LGUs.
13 
SEC. 10. Exemption from Import Duties, Taxes and Other Fees for the
14 
Procurement, Deployment and Administration of COVID-19 Vaccines. —
15 
Beginning January 1, 2021 to December 31, 2023, the procurement, importation,
16 
donation, storage, transport, deployment, and administration of COVID-19 vaccines
17 
through the COVID-19 Vaccination Program by the government or any of its political
18 
subdivisions and by private entities shall be exempt from customs duties, value-added
19 
tax, excise tax, donor's tax, and other fees: Provided, That the vaccines shall not be
20 
intended for resale or other commercial use and shall be distributed without
21 
consideration from persons to be vaccinated.
22 
SEC. 11. Vaccine Passport Program. -Subject to the provisions of Republic
23 
Act No. 10173 or the "Data Privacy Act of 2012", the DOH shall issue a vaccine
24 
passport to all Filipinos, which shall be a record of the COVID-19 vaccinations received
25 
by an individuai. The vaccine passport shall take into account internationally-
26 
recognized standards, and shall contain the following:
27 
(a) Basic personal information such as full name, present and/or permanent
28 
address, and birthdate
29 
(b) Manufacturer, brand name, and batch number or other identifier of the
30 
COVID-19 vaccine;
31 
(c) Date of vaccination;
32 
(d) Name of the hospital, health center, or health facility where the vaccine
33 
was received;
5


1 
(e) Name, signature, and license number of the duly licensed physician, nurse
2 
or other health worker administering the vaccine; and
3 
(f) Such other information which may be determined as necessary by the
4 
Secretary of Health or the lATF in line with the declared policy of this Act.
5 
The vaccine passport program is intended to be digital, but shall remain
6 
accessible through other means such as printed passports. The DOH, through the
7 
Department of Information and Communications Technology, shall develop the digital
8 
systems and applications that will meet the objectives of the program while
9 
maintaining quality, safety, ease of use, and accessibility for all Filipinos.
10 
Individuals who have completed COVID-19 immunization may be granted
11 
certain benefits or exemptions, subject to guidelines issued by the lATF, which shall
12 
be clearly stated in the individual's vaccine passport, such as but not limited to:
13 
(a) International travel, as may be allowed in foreign jurisdictions;
14 
(b) Non-essential domestic travel;
15 
(c) Local checkpoint and quarantine exemptions; and
16 
(d) Access to business establishments allowed to operate based on lATF
17 
guidelines.
18 
Individuals vaccinated against COVID-19 as indicated in the vaccine passport
19 
shall not be considered immune from COVID-19, unless otherwise declared by the
20 
DOH based on reliable scientific evidence and consensus.
21 
No fees shall be collected for the issuance, amendment, or replacement of a
22 
vaccine passport. The amount needed for the initial implementation shall be charged
23 
against available funds for the purpose. Thereafter, such sums as may be necessary
24 
for its continued implementation shall be included in the annual General
25 
Appropriations Act.
26 
SEC. 12. Offenses and Penalties in relation to the Issuance of a
27 
Vaccine Passport. -
28 
(a) The penalty of imprisonment of not less than three (3) years, but not more
29 
than ten (10) years and a fine of not less than Fifteen thousand pesos
30 
(P15,000) but not more than Sixty thousand pesos (P60,000) shall be
31 
imposed upon any person who shall commit the following acts:
32 
1. Defacing, mutilating, altering, or destroying a vaccine passport; and
33 
2. Possessing more than one valid vaccine passport.
6


1 
(b) The penalty of imprisonment of not less than six (6) years, but not more
2 
than ten (10) years and a fine of not less than Thirty thousand pesos
3 
(P30,000) but not more than Ninety thousand pesos (P90,000) shall be
4 
imposed upon any person who shall commit the following acts:
5 
1. Using or attempting to use a vaccine passport issued for another
6 
holder, or furnishes a vaccine passport for the use of a person other
7 
than the holder;
8 
2. 
Falsifying, forging, and/or counterfeiting of vaccine passport;
9 
3. 
Knowingly using a falsified, forged, and/or counterfeit vaccine
10 
passport; and
11 
4. Distributing falsified, forged, and/or counterfeit vaccine passport.
12 
SEC. 13. Implementing Rules and Regulations. - Within five (5) days
13 
from the effectivity of this Act, the DOH, the NTF and the GPPB shall, with prior
14 
consultation with the Department of the Interior and Local Government, the lATF and
15 
other stakeholders, issue guidelines and applicable procurement rules, as may be
16 
necessary, for the effective implementation of this Act.
17 
The non-promulgation of the rules and regulations provided under this section
18 
shall not prevent the immediate implementation of this Act upon its effectivity.
19 
SEC. 14. Separability Clause. -If for any reason, any provision of this Act
20 
is declared invalid or unconstitutional, the remaining parts or provisions not affected
21 
shall remain in full force and effect.
22 
SEC. 15. Repealing Clause. - All laws, presidential decrees, executive
23 
orders, rules and regulations, or parts thereof, which are contrary or inconsistent with
24 
this Act are hereby repeaied, amended or modified accordingly.
25 
SEC. 16. Effectivity. - This Act shali take effect immediately upon its
26 
publication in a newspaper of generai circulation or in the Official Gazette and shall
27 
remain in fuil force and effect during the period of the state of calamity due to COVID-
28 
19 or until June 30, 2022, unless the state of calamity is earlier lifted or extended by
29 
the President of the Philippines.
Approved,