Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5745

HOUSE BILL No. _© ©

Introduced by BAYAN MUNA
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF BASIC
HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT UNITS (LGUs),
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.

Article II. Section 15 of the 1987 Constitution states clearly 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 fandamental 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 healthcare delivery system via Republic Act No. 7160,
otherwise known Local Government Code of 1991 has given rise to various problems, especially
in terms of access to quality healthcare. The latest available figures show that 67 percent
of Filipinos die without having any medical attention, In 1990, this figure was at 59 percent,

Such problems persist and are largely borne by the majority of the countey’s population, who are
poor and cannot afford health services. Despite the implementation of government's health
reform program including the Aquino Health Agenda, the people’s access to important health
services has become more difficult as public health facilities are privatized and the cost of health
services increased beyond the reach of many poor patients.


‘The number of public hospitals decreased from 1,794 in 1999 to 1,361 in 2005, and most of the
public hospitals that closed down were district hospitals. The number of Rural Health Units also
decreased, from 2,335 in the mid-1990s to 1,879 in 2001.

‘The lack of adequate budget for health has also aggravated the situation. For the past 11 years,
the health budget has declined by about 40 percent. But instead of decisively resolving this crisis,
the national government's health budget allocation has remained far below the World Health
Organization (WHO) recommended 5 percent of the Gross National Product.

‘As a result, public hospitals have been left to fend for themselves. For example, patients and
employees of the Corazon Locsin Montelibano Regional Hospital in the Negros Province report
on the hospital’s no bed, no admission policy. ‘This policy refers to the adjustments resorted
to by the hospital management to solve its bed capacity problem. Many patients bringing their
own beds are normal sights in the corridors of the said hospital.

Moreover, public hospitals now charge even the indigent patients with various fees, such as
emergency room fee, out-patient department fee, operating room fee, among others. As a
matter of policy, the DOH has allowed up to 20% increases in hospital fees and charges for
services previously provided for free.

Based on the data from IBON Foundation, che budget for health, nutrition and population
control are alarmingly decreasing 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.

Health care must be made accessible, affordable, and appropriate to the needs of the people. The
public health care delivery system must be strengthened. Preventive health care and public health
must be given emphasis. Health care infrastructure (hospitals and equipment) must be improved.

Ultimately, collective action and political 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 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

Constitution of the Republic of the Philippines the urgent approval of this bill is earnestly
recommended.

Approved,

Kea Pins Ly
Rep. NERI J. COLMENARES Rep. Ae Reap AD
Bayan Muna Party-list im Marna Part-list

/



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 5745

Introduced by BAYAN MUNA.
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF BASIC
HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT UNITS (LGUs),
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 2015”.

SECTION 2. Declaration of Policy. It 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

6) 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 tenationalized 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), ate
hereby deleted and declared no longer enforceable and effective:

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

Section 102 (a) (1),(2),(3),() (1), (2), and (3)s
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.

SECTION 5. Appropriations. - The amount necessary for the initial implementation of this
‘Act shall be Php 60 billion and added to the appropriations of the Department of Health

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

FINAL PROVISIONS

SECTION 6. Separability Clause. ‘The provisions of this Act are hereby declared to be
separable and, in the event of any such provisions are declared unconstitutional, the other
provisions which are not affected thereby shall remain in force and effect.

SECTION 7. Repealing Clause. All provisions in laws, decrees, memoranda, circulars, orders
and other rules and regulations inconsistent with this Act shall be deemed amended or repealed
if the inconsistency is irreconcilable.

SECTION 8. Implementing Rules and Regulations. The implementing rules and regulations
(IRR) of this Act shall be promulgated by the Department of Health (DOH) with representatives
from the local government units, the relevant professional health associations and health sector
onganizations and shall be drawn up within three months after the approval 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 9. Effectivity, This Act shall take effect fifteen days (15) days after publication in
the Official Gazette or in a national newspaper of general circulation.

Approved,