Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4768
HOUSE BILL NO. __

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

In the republic of the Philippines, for decades, respiratory diseases have been a
priority concern, having been the leading cause of illness and death in the
Philippines, comprising more than 45% of the total annual deaths from all
causes, thus exacting a tremendous toll on human resources, which ailments
are like to increase and degenerate into serious lung diseases on account of
unabated pollution, industrialization and unchecked cigarette smoking in the
country.

Therefore, there is an urgent need to consolidate and reinforce existing
programs, strategies and efforts at preventing, treating and rehabilitating people
affected by lung diseases, and to undertake research and training on the cure
and prevention of lung diseases, through a Lung Center which will house and
nurture the above and related activities and provide tertiary-level care for more
difficult and problematical cases.

This House Bill seeks to create the Clark Lung Center, to provide material and

financial support towards the establishment and maintenance, for the welfare
and benefit of the Filipino people.

Thus, the early passage of this bill is earnestly requested.

MICHAEL L. ROMERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. pas

Introduced by Representative Michael L. Romero

AN ACT

CREATING THE CLARK LUNG CENTER, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. SHORT TITLE - This Act shall be known as the “Clark
Lung Center Act’.

SECTION 2. CREATION OF THE CLARK LUNG CENTER - There is
hereby created a Lung Center, under the name of Clark Lung Center, subject to
the provisions of this Act, shall be administered, according to the Articles of
Incorporation, mandates of the Securities and Exchange Commission (SEC), by
the Office of the President, in coordination the Department Health (DOH)
hereinafter referred to as the Lung Center.

SECTION 3. TAX EXEMPTIONS AND PRIVILEGES - Being a non-
profit, non-stock corporation organized primarily to help combat the high

incidence of lung and pulmonary diseases in the Philippines, all donations,


contributions, endowments and equipment and supplies to be imported by
authorized entities or persons and by the Board of Trustees of the Lung Center,
for the actual use and benefit of the Lung Center, shall be exempt from income
and gift taxes, the same further deductible in full for the purpose of determining
the maximum deductible amount under the prevailing mandates of the National

Internal Revenue Code, as amended.

The Lung Center shall be exempt from the payment of taxes, charges and fees
imposed by the Government or any political subdivision or instrumentality

thereof with respect to equipment purchases made, or for, the Lung Center.

SECTION 4. AID FROM GOVERNMENT OFFICES - The Lung
Center, may call upon any Ministry, Bureaus, Office, agency or instrumentality
of the government, including government-owned or controlled corporations,
particularly the Philippine Charity Sweepstakes Office (PCSO), for such
assistance it may need in the pursuit of its purposes and objectives.

SECTION 5. APPROPRIATIONS - The amount Five Billion Pesos
(P5,000,000,000.00) is hereby appropriated as contribution of the National

Government for the initial operations and maintenance of the Lung Center of the
year of the effectivity of this Act.

Thereafter, the amount necessary to ensure the continued operations and
maintenance of the Lung Center shall be duly provided for, appropriated and
released from the General Appropriations Act (GAA), subject to the approval of
the President the Republic of the Philippines.

The funds therefor shall be administered by the Board of the Lung Center,
in behalf of the Lung Center.

ECTION 6. AUDITING. The books of accounts of the Lung Center
shall be under the charge and safekeeping of the Treasurer of the Lung Center
and of its Chairman, but such books of account shall be subject to periodic


review and auditing by the Chairman of the Commission on Audit, or by his duly
authorized representative.

SECTION 7. POWERS AND FUNCTIONS - For the attainment
and/or furtherance of the above purposes and objectives, the Lung Center, as a
body corporate, acting through its Board of Trustees, shall have all the powers
pertaining to a juridical person, and is therefore authorized, among other things:

1, To acquire and hold in any property of whatever nature or
description, and to dispose of such property under any mode
of encumbrance or conveyance;

2. To contract and be contracted with;

3. To mortgage, lease, sell, transfer, convey or otherwise
dispose of its properties;

4. To solicit and receive donations, endowments and funds in
the form of contributions, whether in cash or in kind, from
both the public and private sectors;

5. To open such accounts in banks and other financial
institutions, and to disburse such funds or invest the same as
the Board may direct to accomplish or advance the purposes
or interest of the Lung Center;

6. To invite foreign lung specialists and similar experts in the
various medical fields to train the personnel or trainees or

residents of the Lung Center;

7. To send the personnel of the Lung Center to research
institutes, medical institutes or universities for advance

training or observation and to attend international or regional


conventions, conferences, congresses, seminars as the Board
may deem necessary to accomplish the purposes and
objectives of the Lung Center;

8. To adopt a set of by-laws, rules and regulations not

inconsistent with law and the provisions hereof to govern the

administration and operation of the affairs of the Lung Center;

and

9. To do all such other acts and things as are or may be
necessary or incidental for the accomplishment of the
purposes and objectives of the Lung Center.

SECTION 8. ANNUAL REPORT - The Lung Center shall render to
the President of the Philippines and the Department of Health annual reports of
its activities, accomplished and recommendations.

SECTION 9. DISSOLUTION OF THE CENTER - If for any reason,
the Lung Center is dissolved, its assets and properties remaining at the time of
dissolution, shall revert to the Philippine Government for disposition in

accordance with law.

SECTION 10. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 11. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.


SECTION 12. REPEALING CLAUSE. - All laws, decrees, executive

orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 13. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 14. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

Approved,