REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No, __7993

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Article XI, Section 15 of the 1987 Constitution provides:
"The State shall protect and promote the right to health of the people and

instill health consciousness among them.”

In the recent outbreak of the COVID-19 pandemic, our nation has been severely
stifled by the Enhanced Community Quarantine. Thousands of Filipinos have been
left displaced because of the health risks caused by this contagious menace.
According to the Department of Health, thishighly contagious novel virus has
incurred 6,459 total number of cases in the country with around 428 deaths as of
April 20, 2020.1 These numbers continue to rise as countries race against time to
produce a vaccine to stop this pandemic.

There is an urgent need to address this kind of public emergency that threatens the
welfare of the whole nation, Hence, this proposed measure seeks to strengthen the
government's preparedness for public health emergencies. This includes those which
result from natural disasters, disease outbreaks and pandemic, terrorist attacks,
nuclear emergency, chemical emergencies and radiological emergencies. Further,

‘Department of Health. COVID-19 Case Tracker. Retrieved from https://www.doh gov ph/covid-19/case-tracker
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this bill would mandate national government agencies and local government units to
harmonize national preparedness against existing and future health crisis. As an old
saying states that “an ounce of prevention is worth a pound of cure.”

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

MANUEL DG,)CABOCHAN III
Representative
Magdalo Para Sa Pilipino Party-List


Sowmrxgauaeon =

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

Second Regular Session

House Bill No. 7593

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
STRENGTHENING THE NATIONAL PREPAREDNESS AND RESPONSE TO
PUBLIC HEALTH EMERGENCIES AND ESTABLISHING THE PUBLIC HEALTH
EMERGENCY COUNCIL, PROVIDING ITS POWERS 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 “Public Health
Emergency Act of 2020.”

SEC. 2. Declaration of Policy.—The State shall protect and promote the right
of the people and instill health consciousness among them. In the light of new and
emerging threats of natural disasters, disease outbreaks and pandemic, terrorist
attacks, nuclear emergency, chemical emergencies and radiation emergencies, the
State shall focus on the prevention, detection, management and containment of

public health emergencies.


The State shall endeavor to respond immediately and effectively to potential
or actual public health emergencies, and in responding, shall require the exercise of
extraordinary government functions which may require the cooperation of the

people.

‘SEC. 3. Definition of Terms.— For the purpose of this Act:

(a) Biological agent refers to any microorganism, virus, infectious substance,
naturally occurring or bioengineered product, or other biological material
that could cause instant or gradual death, disease, or other harm to a
human, an animal, a plant, or another living organism;

(b) Biological attack refers to any direct or indirect attack against the
population with the use of weapons and equipment employing the use of
biological agents;

(©) Chemical agent refers to any solid, liquid or gaseous substance that has
the capacity to cause instant or gradual death, disease or other harm to a
human, an animal, a plant, or another living organism;

(d) Chemical attack refers to any direct or indirect attack against the
population with the use of weapons and equipment employing the use of
chemical agents;

(e) Health care facility refers to any institution, building or agency or portion
thereof, whether public or private (for profit or non-profit) that is used,
operated or designed to provide health services, medical treatment,
nursing, rehabilitative or preventive care to any person or persons. This
includes, but not limited to ambulatory surgical facilities, health
maintenance organizations, home health agencies, hospices, hospitals,
infirmaries, intermediate care facilities, kidney treatment centers, long-
term care facilities, medical assistance facilities, mental health centers,
outpatient facilities, public health centers, rehabilitation facilities,
residential treatment facilities, skilled nursing facilities and adult daycare
centers. The term also includes, but not limited to, the following property
when used for or in connection with the foregoing: laboratories, research
facilities, pharmacies, laundry facilities, health personnel training and

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lodging facilities, and patient, guest and health personnel food service
facilities, and offices and office buildings for persons engaged in health
care professions or services;

(f) Health care provider refers to any person or entity who provides health
care services including, but not limited to, hospitals, medical clinics and
offices, special care facilities, medical laboratories, _ physicians,
pharmacists, dentists, physician assistants, nurse practitioners, registered
and other nurses, paramedics, firefighters who provide emergency medical
care, emergency medical or laboratory technicians, and ambulance and
emergency medical workers;

(Q) Infectious disease refers to as disorders in a living organism caused by
pathogenic microorganisms such as bacteria, viruses, parasites or fungi
that can be spread directly or indirectly (vector-borne) from one individual
to another. An infectious disease may, or may not, be transmissible from

person to person, animal to person, or insect to person;

(h) Jsolation refers to the physical separation and confinement of individuals
known or suspected through signs, symptoms or laboratory criteria to be
infected with a contagious disease to prevent them from transmitting
disease to others;

(i) Nuclear agent refers to any radioactive material, element or by-products
thereof, that could cause instant or gradual death, disease other harm to a
human, an animal, a plant, or another living organism;

() Nuclear attack refers to any direct and indirect attack against the
population with the use of weapons and equipment employing the use of
nuclear technology;

(k) Public health emergency refers to the occurrence or imminent risk of an
illness or health condition that may be caused by natural calamities,
terrorist attacks, epidemic or pandemic disease, or a novel infectious agent
or biological or chemical agent and that poses a substantial risk of a
significant number of human fatalities, widespread illness or serious
economic impact such as, but not limited to, the agriculture sector, which
includes to the nation’s food supply;

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(1) Quarantine refers to the compulsory physical separation (including the
restriction of movement or confinement) of individual and/or groups
believed to have been exposed to or know to have been infected with a
contagious disease from individuals who are believed not to have been
exposed or infected, in order to prevent or limit the transmission of the
disease to others;

(m) Radioactive material refers to a nuclear or radioactive substance that
has the capacity to cause bodily injury or gradual death to a human, an
animal, a plant or another living organism;

(n) Terrorist attack refers to an attack against to the population with the
intent to deliberately cause death or harm to persons or damage to
property using weapons of mass destruction or mass disruption. Such
weapons, but are not limited to, may be biological, chemical, radiological
or nuclear, or other conventional or improvised weapons;

(0) Tests refer to any, but not limited to, diagnostic or investigative analyses
necessary to prevent the spread of disease or protect the public’s health,
safety and welfare.

SEC. 4. Public Health Emergency Council (PHEC).- The Public Health

Emergency Council (PHEC), hereinafter referred to as the Council, is hereby
established composed of the following:

(a) Secretary of Health as Chairperson;
(b) Executive Secretary as Co-Chairperson;

(c) Secretary of National Defense as Member;

(d) Secretary of Interior and Local Government as Member;

(e) Secretary of Justice as Member;

(f) Secretary of Budget and Management as Member;

(g) Secretary of Trade and Industry as Member;

(h) Press Secretary as Member;

() National Security Adviser as Member; and

() Chairman of the National Disaster Risk Reduction and Management
Plan,


Other government agencies not under the authority or jurisdiction of the
standing members of the Council may be included should their inclusion be

determined by the Council as necessary.

The Council shall convene when a State of Public Health Emergency is
declared or as often as may be necessary, to advise the President on course of
action that may be taken in the event that a public health emergency occurs and in
order to perform its mandate.

SEC. 5. Creation of a Public Health Emergency Plan. A Public Health
Emergency Plan (PHEP) shall be formulated by the Council within six (6) months
after the effectivity of this Act. The PHEP shall serve as the framework for the
government's response to any public health emergency. It shall provide for
integrated policy coordination and strategic direction with respect to all matters
related to national public health and medical preparedness and execution and
deployment of national response before, during, and following public health
emergencies.

It shall set out goals and specific objectives to detect, prevent the spread,
contain and manage public health emergencies resulting from an outbreak of highly
contagious and/or infectious diseases, epidemic and pandemics, biological,
chemical, radiological or nuclear attack. It shall include the following:

(a) Provisions for increasing the preparedness, response capabilities and

surge capacity of ambulatory care facilities, dental health facilities and critical

care service systems;

(b) Plans for optimizing a coordinated and flexible approach to the medical

surge capacity of hospitals, other health care facilities, critical care and

trauma care and emergency medical systems;

(©) Provisions taking into account the unique needs of individuals with

disabilities in a public health emergency;


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(d) Strategic initiatives to advance countermeasures to diagnose, mitigate,
prevent or treat harm from any natural calamities, infectious diseases,
epidemic and pandemics, biological, chemical, radiological or nuclear agents,
whether naturally occurring, unintentional, or deliberate;

(€) Conduct of periodic evaluations of national and local preparedness and
response capabilities which shall include drills and exercises to ensure medical

surge capacity for events without notice.

SEC. 6. Declaration of State of Public Health Emergency. The President,
upon the recommendation of the Secretary of Health, may declare a State of Public
Health Emergency and immediately convene the Council. The basis for such a
declaration shall be made public by the Council through the mass media and a
written report shall be submitted to both Houses of Congress.

The State of Public Health Emergency shall be for a period of sixty (60) days,
unless extended or terminated earlier by the Council. The exercise of such
declaration shall only be for the promotion of the common good.

SEC. 7. Creation of a Task Force on Public Emergencies.- A task force under
the control of the Council shall be established in order to conduct research
necessary for the creation of the Plan. The Task Force shall be composed of
representatives from:

(a) _ Department of Health;

(b) National Disaster Risk Reduction and Management Council (NDRRMC);

(c)__ Department of Interior and Local Government (DILG);

(d) National Security Adviser;

(e) Philippine National Red Cross (PNRC).

SEC. 8. Functions of Task Force on Public Emergencies.— The task force
established in this Act shall have the following functions:


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(2) Monitor emerging issues and concerns as they relate to medical and
public health preparedness and response for at-risk individuals in the event of
a public health emergency;

(b) Identify and minimize gaps, duplication and other inefficiencies in medical
and public health preparedness and response activities and the actions
necessary to overcome these obstacles;

(c) Disseminate and update novel and best practices of outreach to and care
of at-risk individuals before, during and following public health emergencies in
a timely manner as is practicable including from the time a public health
threat is immediately identified; and

(d) Ensure that public health and medical information distributed by the
government during a public health emergency is delivered in a manner that
takes into account the range of communication needs of the intended
recipients, including at-risk individuals.

SEC. 9. Creation of Medical Reserve Corps.— The Council shall establish a
medical reserve corps composed of volunteer health professionals. The Medical
Reserve Corps shall be called into duty if needed during the period of the State of
Public Health Emergency.

SEC. 10. Health Care Facilities and Services During State of Public Health
Emergency. During the period of the State of Public Health Emergency, the Council
may, within reasonable and necessary grounds for emergency response to a public
health emergency, require privately-owned health care facilities to provide services
or the use of their facilities.

SEC. 11. Dangerous Facilities and Materials. During the State of Public
Health Emergency, the Council may exercise, in coordination with national
government agencies, local governments, and other organizations responsible for
the implementation of the PHEP, the following powers over facilities or materials
that may be considered dangerous due to contamination or exposure to chemical,
nuclear or biological agents or infectious disease pathogens:

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(a) To close, direct and compel the evacuation of, or to decontaminate or
cause to be decontaminated, any facility of which there is reasonable cause to
believe that it may endanger the public health; and

(b) To decontaminate or cause to be decontaminated, any material of
which there is reasonable cause to believe that it may endanger the public
health.

SEC. 12. Control of Pharmaceutical Agents or Medical Supplies.— After the
declaration of a State of Public Health Emergency, the Council may authorize
concerned agencies to purchase, store or distribute anti-toxins, serums, vaccines,
immunizing agents, antibiotics and other pharmaceutical agents or medical supplies
that it considers advisable in the interest of preparing for or controlling a public
health emergency, with the right to take immediate possession thereof.

If a State of Public Health Emergency results in a nationwide or regional
shortage or threatened shortage of any product covered by the preceding
paragraph, the Council may control, restrict and regulate by rationing and using
quotas, prohibitions on shipments, price fixing, allocation or other means, the use,
sale dispensing, distribution or transportation of the relevant product necessary to
protect the health, safety and welfare of the people. In making rationing or other
supply and distribution decisions, the Council must give preference to health care
providers, disaster response personnel and mortuary staff.

Nothing in this section shall be construed to allow the Council to obtain anti-
toxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical
agents or medical supplies for the primary purpose of hoarding such items or
preventing their fair and equitable distribution among health care institutions and
providers, both government and private.

SEC. 13. Control and Treatment of Infectious Disease.— During a State of
Public Health Emergency, the Council shall use every available means to prevent the


transmission of contagious and infectious diseases and to ensure that all cases of
infectious disease are subject to proper control and treatment.

SEC. 14, Physical Examinations or Tests; Isolation or Quarantine of Persons
Refusing Examination.— During a State of Public Health Emergency, the Council may
perform voluntary physical examinations or tests as necessary for the diagnosis or

treatment of individuals.

The Council may isolate or quarantine any person whose refusal of physical
examination or testing results in uncertainty regarding whether he or she has been
exposed to or is infected with a contagious or possibly contagious disease or
otherwise poses a danger to public health.

Isolation and quarantine shall be mandatory for persons exhibiting any
symptom of an infectious disease causing the public health emergency or whose
physical examination or test results confirm an infection.

SEC. 15. Isolation and Quarantine of Individuals or Groups.— During a State of

Public Health Emergency, the Council may perform voluntary physical examinations
or tests as necessary for the diagnosis or treatment of individuals. It shall establish
and maintain places of isolation and quarantine, and set rules and make orders.
The Council may isolate or quarantine an individual or groups of individuals in order
to prevent or contain the transmission of contagious diseases. Isolation and
quarantine shall be mandatory for persons exhibiting any symptom of an infectious
disease causing the public health emergency or whose physical examination or test
results confirm an infection. Individuals who have not been vaccinated, treated,
tested or examined may also be subjected to quarantine or isolation.

The Council shall adhere to the following conditions and principles when
placing individuals or groups of individuals under isolation or quarantine:

(a) Isolation and quarantine must be by the least restrictive means

necessary to prevent the spread of a contagious or possibly contagious

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disease to others and may include, but are not limited to, confinement to
private homes or other private and public premises;

(b) Individuals isolated because of objective evidence of infection or
contagious disease must be confined separately from quarantined
asymptomatic individuals;

(©) The health status of isolated and quarantined individuals must be
monitored regularly to determine if they require isolation or quarantine;

(d) If a quarantined individual becomes infected or is reasonably believed
to be infected with a contagious or possibly contagious disease, he or she
must be promptly removed to isolation;

(e) Isolated and quarantined individuals must be immediately released
when they pose no substantial risk of transmitting a contagious or possibly
contagious disease to others;

(f) The needs of persons isolated and quarantined must be addressed in a
systematic and competent fashion including, but not limited to, providing
adequate food, clothing, shelter, means of communication with those in
isolation or quarantine and outside these settings, medication and competent
medical care;

(g) Premises used for isolation and quarantine must be maintained in a
safe and hygienic manner and be designed to minimize the likelihood of
further transmission of infection or other harms to persons isolated or
quarantined; and

(h) Any person entering an isolation or quarantine premises with or
without authorization of the Council may be isolated or quarantined as
provided for in this Act.

SEC. 16. Safe Disposal of Human Remains.— To ensure the safe disposal of

human remains of suspected or known to be a victim of an infectious disease, the
Council shall coordinate with hospitals and funeral institutions for such period as the
State of Public Health Emergency exists, to:

(a) Take possession or control of any human remains which cannot be

safely handled otherwise;


(b) Order the disposal of human remains of a person who has died of an
infectious disease through burial or cremation within twenty-four hours after
death; and

(©) Require any business or facility authorized to embalm, bury, cremate,
inter, disinter, transport and dispose of human remains under existing laws to
accept any human remains or provide the use of its business or facility if
these actions are reasonable and necessary for emergency response.

All human remains prior to disposal must be clearly labeled with all available
information to identify the deceased and the circumstances of death. Any human
remains of a deceased person with an infectious disease must have an external,
clearly visible tag indicating that the human remains are infected and, if know, the
infectious disease.

Every person in charge of disposing of any human remains must maintain a
written record of each set of human remains and all available information to identify
the deceased and the circumstances of death and disposal. If the human remains
cannot be identified, prior to disposal, a qualified person must, to the extent
possible, take fingerprints and one or more photographs of the human remains, and
collect a DNA specimen. All information gathered under this paragraph must be
promptly forwarded to the PHEC. Identification must be handled by the agencies
that have laboratories suitable for DNA identification.

SEC. 17. Centralized Information.- During the State of Public Health
Emergency, the PHEC, through the Press Secretary or a designated alternate, shall
provide the public with dally updates, news bulletins or briefings on the progress of
the management and containment of the public health emergency and shall
endeavor to prevent or stop the spread of misinformation.

In this pursuit, the PHEC, through the Press Secretary, may be request the
mass media to refrain from reporting or disseminating information about the public
health emergency that has not been cleared by the PHEC.

int


SEC. 18. Role of Local Government Units. Within six (6) months after the
adoption of a Public Health Emergency Plan, local government units shall draw up
their respective Local Public Health Emergency Plans (LPHPs) conforming to the
Public Health Emergency Plan and the provisions of this Act.

During a State of Public Health Emergency, local government officials are
hereby mandated to provide all the necessary support and cooperation to the
national government in order to address the situation.

Refusal of local government officials to provide support and cooperation shall
constitute an offense and shall be dealt with disciplinary action as provided for in
the Local Government Code.

SEC. 19. Prohibited Acts.—For the purpose of this Act:

(a) _ Failure of person or persons placed in isolation or quarantine to comply
with the Council's rule and orders who went beyond the isolation or
quarantine zone that may compromise public health and safety;

(b) Entering an isolation or quarantine premises without authorized
permission from the Council; and

(©) _ Facilitating, aiding or conspiring to violate any provisions of this Act.

Isolated and quarantined individuals who have committed the
abovementioned prohibited acts shall only be penalized from the time that the
Council has deemed that they pose no substantial risk of transmitting a contagious

or possibly contagious disease to others.

SEC. 20. Penalty.— Violation of any of the prohibited acts stated in the
preceding section shall be penalized with the imprisonment of not more than six (6)
months or a fine of Ten Thousand Pesos (P10,000.00).


SEC. 21. Appropriations:- The amounts necessary to implement this Act shall
be taken from the current budget of the Department of Health. Thereafter, such
amounts necessary to effectively carry out the provisions of this Act shall be included

in the annual General Appropriations Act.

SEC. 22. Implementing Rules and Regulations.- The Secretary of the
Department of Health shall promulgate the implementing rules and regulations,
objectives, purposes and provisions of this Act within ninety (90) days from its
effectivity.

SEC, 23. Separability Clause. If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in
force and effect.

SEC. 24. Repealing Clause All laws, executive orders, administrative orders,
and rules and regulations inconsistent with this Act are hereby repealed or amended

accordingly.

SEC. 25. Effectivity Clause. This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,