is

EIGHTEENTH CONGRESS ) IRE:
REPUBLIC OF THE PHILIPPINES ) .
First Regular Session )

HOUSE OF REPRESENTATIVES

___ Introduced b} resentative Rufus B. Rodriguez
5546

House Bill No.

EXPLANATORY NOTE

It is estimated that there are around 5 million Filipinos diagnosed with diabetes and
around the same number of Filipinos who do not know that they are diabetics and are
undiagnosed. The Philippine College of Physicians (PCP) stated that by 2030, the county
will have about 7.8 million diabetics, ranking 9th in the list of countries with the highest
number of diabetics.

The government spends billions of pesos on dialysis in diabetic patients with end-
stage kidney disease. This is why the key is to educate people and try to prevent diabetes.*

This bill establishes the National Diabetes Center and Foundation (NDCF) with that
aim of having more relevant health research and information that would be most crucial to
the continuing education of Filipinos on diabetes. The NDCF will also provide quality,
affordable and accessible medical care in the field of diabetes.

In view of the foregoing, immediate approval of this measure is eamestly requested

RUFYS B. RODS eZ

RECEIVED “2\

Z pyreNOV 19 2019 DI


EIGHTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

5546

House Bill No.

AN ACT
CREATING THE NATIONAL DIABETES CENTER AND FOUNDATION
AND FOR OTHER PURPOSES

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

Section 1. State Policy. - It is the policy of the State to secure the well-being of the people
by providing them specialized health services and to also undertake appropriate the
necessary medical manpower development and health care research responsive to the
country’s health needs and problems. Towards this end, it is the primary concem of
government to assist and provide material and financial support in the establishment and
maintenance of specialty hospitals for the prevention and treatment of leading diseases in
the country and to train medical and technical personnel for such specialized medical service
and research

Section 2. Creation of the National Diabetes Center and Foundation. - There is hereby
created a body corporate to be known as the National Diabetes Center and Foundation
(NDCF) which shall serve as the lead tertiary-level care center in the treatment of diabetes
The NOCF shall have its principal office in Metro Manila, and may have such branch offices,
hospitals, clinics or subsidiaries in other areas in the Philippines as it may deem proper and
necessary. It shall be under the Department of Health (DOH).

Sec. 3. Purpose and Objectives. - The NDCF shall have the following purposes and
objectives:

(a) To construct, establish, equip, maintain, administer and operate such
integrated medical institution and facilities which shall specialize in the prevention,
diagnosis, treatment and care of diabetes and allied diseases;

(b) To promote, encourage and engage in medical and scientific research on
the prevention and treatment of diabetes and allied diseases, as well as related
activities, including sponsorship and conduct of relevant conferences, fora,
conventions, seminars, workshops and training programs

(c) To stimulate and conduct researches and investigations on the biological,
demographic, social, economic, eugenic, physiological aspects of diabetes and their
control; and gather, compile, and publish the findings of such researches for public
dissemination;

(d) To encourage, undertake and assist in the education and training of
physicians, nurses, health officers, medical technologists, social workers and medical
and technical personnel on the practical and scientific implementation of health care
services to diabetic patients;

(e) To assist universities, hospitals and research institutions in their studies
‘on diabetes and allied diseases and other related fields, to encourage and grant
scholarships for advanced training and specialization in medical care and
management in diabetes and related fields and to support and finance educational
programs of value to public health; and


(f) To encourage the formation of other organizations on the national,
provincial, city and/or local levels, and to coordinate the various efforts and activities
of such organization for the purpose of achieving a more effective approach to the
common problem relative to the purposes and objectives enumerated herein

Sec. 4. Powers and Functions. - For the attainment and/or furtherance of the above-
enumerated purposes and objectives, the NDCF as a body corporate acting through its
Board of Trustees, shall have the following powers and functions in addition to those
provided for in the other sections of this Decree:

a) To acquire, own, hold, use, lease, grant, mortgage, pledge, sell, assign, convey,
transfer, exchange, dispose or otherwise deal with, real and/or personal
properties of every kind and nature, including shares of stock, bonds, debentures,
notes, securities and other evidences of indebtedness or obligations of other
corporations, whether domestic or foreign, and whether government or private;

b) 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;

c) To award, enter into, make, execute, perform and carry out domestic or foreign
contracts of whatever kind and nature;

d) To open 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 NDCF, and to obtain loans, borrow funds and/or
arrange financing or credit assistance of whatever kind and nature from all
sources, whether domestic or foreign and whether government or private;

e) To levy, assess and collect such fees, charges and assessments as may be
necessary or proper to support, finance and maintain its operations;

f) To invite diabetes specialists and similar experts in the various medical fields to
train the personnel or trainees or residents of the NOCF Center, and to also
support the trainings, seminars, conferences and conventions of its medical
personnel in research and medical institutes or universities, be it local or
international as the Board may deem necessary to accomplish the purposes and
objectives of the NDCF;

g) To adopt and use a corporate seal; 3

h) To sue and be sued in its corporate name;

i) To adopt its by-laws, rules and regulations not inconsistent with law and the
provisions hereof to govem the administration and operation of the affairs of the
Philippine Heart Center; and

j) To exercise such other powers and functions as may be necessary, related or
incidental or to carry out the purposes and objectives of this Act

Sec. 5. The Board of Trustees; Composition; Term. and Compensation. - The NOCF
shall be governed, and its activities and properties shall be directed, controlled and
managed, by a Board of Trustees, hereinafter referred to as the Board, which shall be
composed of a Chairman and four (4) members, all of whom shall be appointed by the
President of the Philippines. The President of the NDCF shall be appointed from among the
members of the Board.

Except the President of the NDCF, the members of the Board shall serve for a term
of three (3) years, with a right to hold-over until their respective successors shall have been
duly appointed and qualified. The President of the Philippines may, however, remove any
member of the Board for cause. Whenever a vacancy shall occur in the Board, the person
appointed to fill the vacancy shall hold office for the unexpired term of the member replaced

The President and each member of the Board shall receive compensation in
accordance with current standards and as may be determined by the Department of Health
(00H). 2


Sec. 6. Power and Functions of the Board. - The Board shall have the following powers
and functions:

a) To formulate policies, guidelines and programs to effectively implement and carry
out the purposes and objectives of this Decree;

b) To prescribe, review and revise the amount of the fees, charges, and
assessments levied and collected for the support and maintenance of the
operations of the NDCF;

¢) To control the management, operation and administration of NDCF;

d) To promulgate such rules and regulations as may be necessary or proper for the
effective exercise of power and functions as well as the discharge of the duties,
responsibilities of the NDCF, its officers and employees;

e) To authorize such expenditures of the NDCF as may be necessary or proper for
the effective management, operation and administration of the NDCF;

f) Upon the recommendation of the President of the NDCF, to determine and
organize its organizational and administrative structure or pattern, and to
establish and fix, review, revise and adjust the appropriate compensation scherhe
its officers and’ employees, with reasonable allowances, bonuses and other
incentives as may be recommended by the President;

@) To adopt the annual and supplemental budget of receipts and expenditures of the
NDCF;

h) To appoint, remove, suspend or otherwise discipline the Executive Vice-
President and other officers of the NDCF occupying executive and senior
management positions;

Sec. 7. Officers. - The Board shall determine the officers of the NDCF who shall be
appointed by the President of the NDCF, subject to confirmation by the Board. The NDCF
shall have an Executive Vice-President and as many Directors as may be required for its
effective operation

Sec. 8. The President, His Term and Remuneration. -The President of the NDCF shall be
appointed by, and shall serve at the pleasure of, the President of the Philippines. The salary
of the President of the NDCF shall be fixed by the Board, subject to the approval of the
President of the Philippines.

Sec. 9. Powers and Duties of the President. - The President of the NDCF shall also be

concurrent Chief Executive Officer. He/She shall exercise the following powers and duties:
(a) To execute the policies, guidelines and programs approved by the Board, and to
be responsible for the efficient discharge of management and operational functions;
(b) To submit for the consideration and approval of the Board proposed measures,
policies, guidelines and programs as he/she may deem necessary or proper for the
effective implementation of the purposes and objectives of this Decree;
(c) To direct and supervise the management, operation and administration of the
NDCF, and, for this purpose, he/she may delegate some of his/her administrative
responsibilities and duties to other officers of the NDCF;
(d) To execute, on behalf of the NDCF, all contracts and agreements which he/she
may enter into, and to execute, accomplish and deliver any and all documents
relative to such contracts and agreements;
(@) To represent the NDCF in alt dealing with other offices, agencies and
instrumentalities of the Government, and all other persons or entities, whether
domestic or foreign and whether government or private;
(f) To appoint, promote, transfer, remove, suspend or otherwise discipline the officers
and employees of the NDCF, except those appointed by the Board;
(9) To exercise such other powers and perform such duties as may be vested or
reposed upon him/her by the Board


Section 10. Assistance from the Government. - The NDCF may call upon any
department, bureau, office, agency or instrumentality of the Govemment, including
government-owned or controlled corporations, for such assistance as it may need in the
pursuit of the purposes and objectives of this Act.

Section 11. Donations to the Foundation. - The NDCF is hereby authorized to solicit and
receive donations, grants, contributions, gifts or endowments from all sources whether
foreign or domestic, and whether government or private, without the need of securing a
permit, approval or registration from any government agency.

Section 12. Exemption from Fees, Duties and Taxes. - The NDCF is hereby declared
‘exempt from all income and all other internal revenue taxes, tariff and customs duties and all
other kinds of taxes, fees, charges and assessments levied by the Government and its
political subdivisions agencies and instrumentalities. Notwithstanding any provision of law to
the contrary, all donations, grants, contributions, gifts or endowments which may be made by
entities or persons to the NDCF shall be exempt from income and gift taxes, and the same
shall be further deductible in full for purposes of computing the maximum amount deductible
under the National Intemal Revenue Code, as amended. :

Section 13. Appointment, Promotion; Terms and Conditions of Employment. ~ The
NDCF and its officers and employees shall not be covered by the Civil Service Law, rules
and regulations, and by the Office of the Compensation and Position Classification. The
officers and employees of the NDCF shall be appointed or promoted pursuant to such
management policies and/or appropriate merit and fitness system as may be adopted by the
Board

Section 14. Government Contribution. - The amount of Ten Billion Pesos
(P10,000,000,000.00) is hereby appropriated from the Philippine Amusement and Gaming
Corporation (PAGCOR) to defray the initial operational expenses of the NDCF. Thereafter,
the necessary amount to support the continued operation and maintenance of the NDCF
shall be included in the General Appropriations Act.

Section 15. Annual Report. ~ The NDCF shall render to the President of the Philippines an
annual report on its operations and accomplishments.

Section 16. Applicability of the Corporation Law. — The provisions of the general
corporation law, insofar as they are not inconsistent with the provisions of this Act and with
the purposes and objectives for which the NDCF is formed, shall apply to the NDCF

Section 17. Separability Clause. — The provisions of this Decree are hereby declared to be
separable, and if any provision or section of this Decree or application thereof to any person
or circumstance should for any reason be held invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions or sections of this Decree.

Section 18. Effectivity. — This Act shall take effect immediately

Approved,