Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

Holi. No. 5368

INTRODUCED BY:
HON. MARIA ISABELLE G. CLIMACO, HON. MA. GEORGINA P. DE VENECIA
HON. MA. ANGELICA P, AMANTE-MATBA AND HON. NUR NUR-ANA I. SAHIDULLA.

EXPLANATORY NOTE

This bill seeks to create a National Cancer Institute of the Philippines, in
line with the policy of the state (Section 15, Article 2 of the 1987 Constitution
of the Republic of the Philippines) to protect and promote the right to health of
the people and instill health consciousness among them.

Cancer is the third leading cause of death in the Philippines, out-ranked
only by communicable and cardiovascular diseases claiming one death for
every two new cases within a year. Cancer is estimated to afflict 189 persons
per 100,000 Filipinos. Statistics show that cancer kills 103 Filipinos a day or
four Filipinos per hour. The incidence and mortality rates of cancer in the
Philippines has been increasing the past three decades and this trend is
expected to continue if organized and sustained specialized care and preventive
measures against cancer are not initiated.

This bill provides for the centralization of planning, programs, and
activities related to the prevention, screening, detection, diagnosis and
treatment of cancer. The centralization will apply as well to the conduct of
rescarch related to malignant diseases, the assignment or distribution of such
research activities and the dissemination or application of beneficial research
results.

As provided in this bill, centralization coupled with the establishment of
a network of regional treatment and research centers will prevent duplication of
efforts, reduce costs, provide a comprehensive view of the cancer-affected
sectors, and enable a more appropriate assignment of priorities on
programs/activities/fund allocation.


Moreover, the establishment of regional cancer centers, as envisioned in this
dill, presents in concrete form the government's intention to make specialized
health services more accessible to people outside highly urbanized areas such
as Metro Manila and the cities of Cebu and Davao where cancer treatment is
traditionally available.

If enacted into a law and properly implemented, the various regional cancer
centers --which will be manned with highly competent staffs and equipped with
appropriate facilities — will raise the availability of cancer treatment, reducing
the gap between the supply of and demand for said services, therefore leading
to reduced costs to patients. Eventually, all these could raise the inflow of
medical tourists, increase the inflow of medical workers from developing
countries who will pay for training in the centers, expand the local sector that
provides hospice care for cancer patients, raise the supply of exportable
medical/health workers who are skilled in cancer treatment, raise the
individual/regional/national incomes from the medical sector, and raise
revenues to finance continuing modemization of the country’s cancer-related
services and facilities

In view of the foregoing, the passage of this bill is earnestly sought.

etree J. Uomser—
ION. MARIA ISABELLE G. CLIMACO.
First District, Zamboanga City

HON. a sae Tihs oll fie,

HON. MA. ANGELICA P. NTE-MATBA
Second Distri

Second Disjct, Sulu


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HouseBill'No.__5368

INTRODUCED BY:
HON. MARIA ISABELLE G. CLIMACO, HON. MA. GEORGINA P, DE VENECIA
HON. MA. ANGELICA P. AMANTE-MATBA AND HON, NUR NUR-ANA I, SAHIDULLA

AN ACT CREATING A NATIONAL CANCER INSTITUTE TO BE KNOWN AS
THE NATIONAL CANCER INSTITUTE OF THE PHILIPPINES,
APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.

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 as "The National Cancer
Institute Act of 2011",

SEC. 2. Declaration of State Policy and Principle
further policy and principles of the State to:

it is hereby declared as

(a) Promote specialized, multidisciplinary and comprehensive cancer
research, dissemination and/or utilization of the results of research and
development including the formulation, updating, and implementation of
a comprehensive cancer control plan with the aim of overcoming cancer;

{b) Promote the improvement of an environment for the prompt evaluation
and approval of drugs/medical devices that are highly needed in cancer
treatment, through the linkage with Bureau of Food and Drug (BFAD),
Department of Trade and Industry, Department of Agriculture and other
concerned agencies.

(c) Enhance cancer prevention through education of, and information
dissemination to, the public, health care professionals and institutions;
(d) Encourage evidence-based early detection, screening, diagnosis and

treatment of cancer;

{e) Enable cancer patients to receive appropriate treatment based on
scientific knowledge;


( Establish a system that provides equitable distribution of medical cancer
care in which the treatment is chosen and administered according to the
situation of the patient regardless of financial ability;

(g) Promote palliative care including pain management, hospice care and
other measures to improve the quality of life of cancer patients even
terminal ones; and

(h) Support the rehabilitation of cancer patients through comprehensive
programs including providing assistance to cancer survivors.

SEC. 3. National Cancer Advisory Board. - There is hereby created the
National Cancer Advisory Board, to be composed of fifteen members as follows:

(a) The Secretary of the Department of Health (DOH), the Secretary of the
Department of Science and Technology (DOST) through the Philippine Council
for Health Research and Development (PCHRD), and the Director of the
National Institutes of Health (NIH) as ex officio members of the Board.

{b) Twelve members appointed by the President of the Philippines upon
recommendation through a careful selection process, The scientists and
physicians appointed ta the Board shall be persons who are among the
country’s leading scientific or medical authorities and who are outstanding in
the study, diagnosis, or treatment of cancer or in fields related thereto. Each
appointed member of the Board shall, by virtue of his or her training,
experience, and background, is qualified to appraise the programs of the
National Cancer Institute. The appointed members shall receive an honorarium
of not more than Fifty Thousand Pesos per attendance to the Board’s meeting,
while the ex officio members shall receive per diem compensation.

{1)Appointed members shall serve for a period of four years. Any vacancy
shall be filled by appointment by the President of the Philippines, upon
recommendation of the National Cancer Advisory Board.

(2) Any member appointed to fill a vacancy occurring prior to expiration
of the term for which his predecessor was appointed shall setve only for
the remainder of such term.

(3) Appointed members shall be eligible for reappointment and may serve
after the expiration of their terms until their successors have assumed
office.

(4) A vacancy in the Board shall not affect its activities, and eight
members, including the ex officio members, thereof shall constitute a
quorum.

SEC. 4. Powers and Functions of the National Cancer Advisory Board. —
The Board shall have the following powers and functions:


(a) The regular members of the Board shall elect from among themselves a
Chairman who shall be the presiding officer of the Board.

(b) The Board shall elect from among themselves the Director of the National
Cancer Institute who shall also serve as Vice Chairman of the Board.

{c) The Board shall formulate policies and adopt measures, including the
formulation of the Implementing Rules and Regulations, which are
necessary to carry out the provisions of this Act.

(d) The Board shall meet at the call of the Director of the National Cancer
Institute or the Chairman, not less than once a month, and shall advise
and assist the Director of the National Cancer Institute with respect to
the National Cancer Program.

{e) The Director of the National Cancer Institute shall designate a member of
the staff of the Institute to act as Executive Secretary of the Board.

{f) The Board shall monitor the development and execution of the National
Cancer Program formulated, updated and improved by the NC] and shall
report directly to the President. Any delays or blockages in rapid
execution of the Program shall immediately be brought to the attention of
the President.

{g) The Board may hold such hearings, take such testimony, and sit and act
at such times and places as the Board deers advisable to investigate
programs and activities of the National Cancer Program of the National
Cancer Institute.

(h) The Board shall submit to the President periodic progress reports on the
Program. Annual evaluation of the efficacy of the Program and
suggestions for improvements shall be submitted for transmittal to the
Congress of the Philippines not later than January 31 of each year.

(i) The Director of the National Cancer Institute shall make available to the
Board such staff, information, and other assistance as it may require in
carrying out its activities.

SEC. 5, National Cancer Institute. — There is hereby established a National
Cancer Institute which shall compile data, conduct, coordinate researches,
investigations, experiments, and studies relating to the cause, diagnosis, and
treatment of cancer. This Institute shall assist and foster similar research
activities by other institutions and organizations, public and private, including
individuals. The institute is furthermore established to promote coordination in
all such researches and the useful application of their results with a view to the
development and prompt widespread use of the most effective methods of
prevention, diagnosis, and treatment of cancer. Linkages with National
Institutes of Health and Department of Science and Technology through
Philippine Council for Health Research and Development will be coordinated to
avoid overlap of projects.

SEC. 6. Director of the National Cancer Institute. -


(a) The Director of the National Cancer Institute coordinates all activities of the
Department of Health and of other Departments of government and non-
governmental agencies or institutions relating to cancer and the National
Cancer Program.

(b) In formulating and implementing the National Cancer program, the Director
of the National Cancer Institute shall:

(1) ) With the advice of the National Cancer Advisory Board, plan and
develop the National Cancer Program, including an expanded,
intensified, and coordinated cancer research program encompassing the
programs of the National Cancer Institute, related programs of the other
research institutes, and other national and local, private and public
cancer programs.

(2) Expeditiously utilize existing research facilities and personnel of the
Department of Health, the Department of Science and Technology
through PCHRD and the University of the Philippines National Institute
for Health for accelerated exploration of opportunities in areas of special
promise.

(3) Encourage and coordinate cancer research by industrial concerns
where such concerns evidence a particular capability for such research,

(4) Collect, analyze, and disseminate all data useful in the prevention,
diagnosis, and treatment of cancer, including the establishment of an
international cancer research data bank to collect, catalog, store, and
disseminate insofar as feasible the results of cancer research undertaken
in any country for the use of any person involved in cancer research in
any country.

{5) Establish or support the large-scale production or distribution of
specialized biological materials and other therapeutic substances for
research and set standards of safety and care for persons using such
materials.

(6) Support research in the cancer field outside the country by highly
qualified foreign nationals which research can be expected to redound to
the benefit of the Filipino people; support collaborative research involving
foreign participants; and support the training of Filipino scientists
abroad and foreign scientists in the country.

(7) Support appropriate manpower programs of training in fundamental
sciences and clinical disciplines to provide an expanded and continuing
manpower base from which to select investigators, physicians, and allied
health professions personnel, for participation in clinical and basic


research and treatment programs relating to cancer, including where
appropriate the use of training stipends, fellowships, and career awards.

(8) Call special meetings of the National Cancer Advisory Board at such
times and in such places as the Director deems necessary in order to
consult with, obtain advice from, or to secure the approval of projects,
programs, or other actions to be undertaken without delay in order to
gain maximum benefit from a new scientific or technical finding.

{9) Prepare and submit, directly to the President of the Philippines for
review and transmittal to Congress, an annual budget estimate for the
National Cancer Program, after reasonable opportunity for comment (but
without change) by the Secretary of Health, the Director of the National
Institutes of Health, and the National Cancer Advisory Board; and receive
from the President and the Department of Budget and Management
directly all funds appropriated by Congress for obligation and
expenditure by the National Cancer Institute.

SEC. 7. National Cancer Research and Demonstration Centers -

(a) A National Cancer Research Center is hereby established in- each
metropolitan city in the country and one in the National Capital Region for
clinical research, training, and demonstration of advanced preventive,
diagnostic, and treatment methods relating to cancer.

(b) The National Cancer Research Centers in the metropolitan cities and in the
National Capital Region are hereby further designated as Regional Cancer
Centers and shall perform the functions and assume the responsibilities of
Cancer Centers as defined in Section 9 of this Act.

(c) The Director of the National Cancer Institute, under policies established by
the Director of the National Institutes of Health, the PCHRD and the DOST and
after consultation with the National Cancer Advisory Board, is authorized to
enter into cooperative agreements with public or private nonprofit agencies or
institutions to pay all or part of the cost of planning, establishing, or
strengthening, and providing basic operating support for the research centers
including, but not limited to, centers established for clinical research, training,
and demonstration of advanced diagnostic and treatment methods relating to
cancer.

Such payments under this subsection in support of such cooperative
agreements may be used for:

(1) construction of the designated center;


(2) staffing and other basic operating costs, including such patient care costs
as are required for research;

(3) training including training for allied health professions personnel; and
(4) demonstration purposes;

Support of a center under this section may be for a period of not to exceed
three years and may be extended by the Director of the National Cancer
Institute for additional periods of not more than three years each, after review
and recommendation of the operations of such center by an appropriate
scientific review group established by the Director of the National Cancer
Institute.

SEC. 8. Cancer Control Programs - The Director of the National Cancer
Institute shall establish programs as necessary for cooperation with national
and other health agencies in the diagnosis, prevention, and treatment of
cancer.

Such programs to be established should give priority to the following:

(a) A financial subsidy given to indigent patients, upon qualification, to
cover the expenses of all necessary laboratory tests and other related
examinations during the diagnosis as well as the expenses needed for
treatment of cancer;

(b) A financial subsidy to be given to non-governmental cancer support
groups in recognition of and in order to facilitate the continuity of the
programs they have for cancer patients as well as for their families
especially in coping and dealing with the circumstances. However, only
recognized and duly organized support groups shall be granted subsidy
in accordance with the Implementing Rules and Regulations of this Act;

(c) An independent support group shall be established as a standing
program to augment the emotional support needed by cancer patients
including their families in dealing and coping with the circumstances
through regular inspirational and motivational sessions with cancer
survivors and family members who have experienced having a relative
similarly afflicted with cancer.

SEC. 9. Cancer Centers. - (a) It is hereby established the Regional Cancer
Centers for each region in the country and will coordinate with the National
Cancer Institute through its executive chief officer.

The respective Cancer Centers are established to carry out the function of
administering the National Cancer Program as developed by the National
Cancer Institute after consultation with the National Cancer Advisory Board.


(1) The Regional Cancer Centers shall be respectively administered by the
head of the Regional Department of Health Offices as executive chief
officer of the Regional Cancer Center under a national central executive
chief officer designated by the Secretary of the Department of Health
among his undersecretaries. The regional cancer centers will coordinate
with the National Cancer Institute.

(2) The administrative staff comprising each respective cancer centers shall
be provided for under the Implementing Rules and Regulations ta be
formulated by the National Cancer Advisory Board.

(b) The National Cancer Institute through the Director shall oversee each
cancer center in the country, and upon approval by the National Cancer
Advisory Board through a Board Resolution, is hereby authorized to:

(1) obtain the services of not more than fifty experts or consultants who
have scientific or professional qualifications to be designated in each
regional cancer centers and in the national cancer centers;

(2) acquire, construct, improve, repair, operate, and maintain cancer
centers, laboratories, research, and other necessary facilities and
equipment, and related accommodations as may be necessary, and such
other real or personal property including patents as the Director deems
necessary;

(3) appoint one or more advisory committees composed of such private
citizens and officials of the local governments as he deems desirable to
advise him with respect to his functions;

{4) utilize, with their consent, the services, equipment, personnel,
information, and facilities of other local public agencies, with or without
reimbursement therefore;

(5) accept voluntary and uncompensated services;

(6) accept unconditional gifts, or donations of services, money, or property,
real, personal, or mixed, tangible or intangible;

(7) enter into such contracts, leases, cooperative agreements, or other
transactions, as may be necessary in the conduct of his functions, with any
public agency, or with any person, firm, association, corporation, or
educational institution; and

(8) take necessary action to ensure that all channels for the dissemination
and exchange of scientific knowledge and information are maintained
between the National Cancer institute and the other scientific, medical, and
biomedical disciplines and organizations nationally and internationally.


Sec. 10. Presidential Cancer Panel. - (a) There is established the President's
Cancer Panel which shall be composed of three persons appointed by the
President, who by virtue of their training, experience, and background are
exceptionally qualified to appraise the National Cancer Program. At least two of
the members of the Panel shall be distinguished scientists or physicians,
recommended by the Director of the National Cancer Institute.

(b] Members of the Pane! shall be appointed for three-year terms, except that in
the case of two of the members first appointed, one shall be appointed for a
term of one year and one shail be appointed for a term of two years, as
designated by the President at the time of appointment, and any member
appointed to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed only for the remainder
of such term.

(1) The president shall designate one of the members to serve as
Chairman for a term of one year.

(2) Members of the panel shall each be entitled to receive the daily
equivalent of the annual rate of basic pay in effect for salary grade 20 of
the General Schedule for each day during which they are engaged in the
actual performance of duties vested in the Panel, and shall be allowed
travel expenses including a per diem allowance.

(c} The Panel shall meet at the call of the Chairman, but not less often than
twelve times a year. A transcript shall be kept of the proceedings of each
meeting of the Panel, and the Chairman shall make such transcript avaiable to
the public,

(a) The Panel shall monitor the development and execution of the National
Cancer Program under this section, and shall report directly to the President.
Any delays or blockages in rapid execution of the Program shall immediately be
brought to the attention of the President. The Panel shall submit to the
President periodic progress reports on the Program and annually an evaluation
of the efficacy of the Program and suggestions for improvements, and shall
submit such other reports as the President shall direct, At the request of the
President, it stiall submit for his consideration a list of names of persons for
consideration for appointment as Director of the National Cancer Institute.

Sec. 11. Scientific Review and Reports on Cancer. - (a) The Director of the
National Cancer Institute shall, by regulation, provide for proper scientific
review of all research grants and programs over which he has authority by
utilizing, to the maximum extent possible, appropriate peer review groups
established within the National Institutes of Health of the University of the


Philippines and composed principally of scientists and other experts in the
scientific and disease fields, and when appropriate, by establishing, with the
approval of the National Cancer Advisory Board and the Director of the
National Institutes of Health, other formal peer review groups as may bé
required

{b) The Director of the National Cancer Institute shall, as soon as practicable
after the end of each calendar year, prepare in consultation with the National
Cancer Advisory Beard and submit to the President for transmittal to the
Congress a report on the activities, progress, and accomplishments under the
National Cancer Program during the preceding calendar year and a plan for the
Program during the next five years.

Sec. 12. Appropriation of Funds. The initial fund in the amount of FIFTY
MILLION PESOS for the establishment of the National Cancer Institute
including the initial implementation of its programs shall be appropriated from
the gross income of the Philippine Gaming Corporation (PAGCOR) and shall be
directly remitted to a special account of the National Cancer Institute.
Thereafter, for the continued implementation of this Act, such sums shall be
included in the annual General Appropriations Act.

Sec. 13. Implementing Rules and Regulations. The National Cancer Advisory
Board with the involvement of the stake holders shall start to establish the
committee that will promulgate the implementing rules and regulations of this
act within 90 days from the approval of this act.

Sec. 14. Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee composed of five {5} members of the Senate
and five (5) members from the House of Representatives. The members from
the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least one
(1) member representing the Minority. The members fromm the House of
Representatives shall be appointed by the Speaker, alsa based on the
proportional representation of the parties or coalitions therein with the
respective Chairs of the House Committees on Health and on Science and
Technology, and at least one (1) member representing the Minority.

The Committee shall be headed by the respective Chairs of the Senate
Committees on Health and on Science and Technology, and House of
Representatives Committees on Health and on Science and Technology. The
Secretariat of the Congressional Oversight Committee shall come from the
existing Secretariat personnel of the Committees of the Senate and the House
of Representatives concerned.


Sec. 15. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of this Act or the provision not otherwise
affected shall remain valid and subsisting.

Sec. 16. Repealing Clause. All laws, decrees, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 17. Effectivity Clause. This Act shall take effect fifteen (15} days after its
publication in the Official Gazette and in a newspaper of general circulation.

Approved,