,.-1._ ~ )..:-_ 
FOURTEENTH CONGRESS OF THE 
) 
OFf'C~ '<)F .or ,-::: 
5"E('f-'jFj/'\~! 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
Senate '~ "~,, 
S.B. No • .3liQ 9 
Introduced by Senate President Juan Ponce Enrile 
EXPLANATORY NOTE 
The World Health Organization defmes mental health as "a state of well-being in which 
the individual realizes his or her own abilities, can cope with the normal stresses of life, can 
work productively and fruitfully, and is able to make a contribution to his or her community". It 
calls to attention that mental health is more than just .the presence of psychiatric disorder or 
sickness but, more importantly, also redounds to a positive condition of one's mental well-being. 
Mental health is a vital part of full and total health. Problems on mental health contains 
not just the traditional mental disorders but the issues of target populations susceptible to 
psychosocial risks caused by extreme life experiences such as disasters, near-death experiences, 
heinous and violent crimes, internal displacement brought about by religious and civil unrest 
including the psychosocial matters of daily living like preserving a sense of well-being in these 
complicated times. 
Mental health programs therefore should realize the significance of community efforts 
with multi-sectoral and multi-disciplinary participation. Such programs must take into 
consideration the promotive, preventive, curative and rehabilitative aspects of medical attention. 
Psychiatric patient care continues beyond mental hospitals, and must be made available in 
general hospitals, health centers and homes. Relevant health care activities and interventions 
must be done closest to where the need or the patient is .. 
In the Philippines, mental health services are clearly lacking. Both human and financial 
resources are also wanting. Whatever mental health strategy our government currently follows is 
still hindered by a small budget and inadequate administrative framework. No mental health law 
has been founded. 
What is ideal is to assimilate mental health into primary health care, provide mental 
health care in general hospitals and develop community-based mental health services. Services 
for mental health should be obtainable within the public health and the hospital system in the 
country. 
The purpose of this bill is the comprehensive addition of Mental Health in the national 
system. It is to render available, accessible, affordable ·and equitable quality mental health care 
and services to the Filipinos especially the poor, the underserved and high risk populations. The 
passage of this proposed law will go a long way in promoting mental health among the general 
popUlation. 
In this context, passage of the Bill is earnestly requested. 


1 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
I"J'I -5 
:38 
Senate 
S.B. No. 3509 
Introduced by Senate President Jilan Ponce Emile 
AN ACT 
PROVIDING FOR A NATIONAL MENTAL HEALTH CARE DELIVERY SYSTEM, 
ESTABLISHING FOR THE PURPOSE THE PHlltIPPINE COUNCIL FOR MENTAL 
HEALTH AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - 1bis Act shall be known as the "National Mental Health 
2 
Act of 2009. " 
3 
SEC. 2. 
Declaration of Policy. - It is hereby declared the policy of the State to 
4 
uphold the right of the people to mental health and instill mental health consciousness among 
5 
them. Towards this end, the State shall adopt an integrated and comprehensive approach to the 
6 
development of the National Mental Health Care Delivery System to deliver appropriate services 
7 
and interventions including provision of mental health protection, care, treatment and other 
8 
essential services to those with mental illness or disability. 
9 
SEC. 3. 
Objectives. - The objectives of this Act are as follows: 
10 
a) 
Promote a shift from a hospital based system to a strengthened community based 
11 
mental health care delivery system; 
12 
13 
14 
b) 
c) 
d) 
Reorient and modernize the existing mental health facilities or institutions; 
Integrate mental health care in the general health care delivery system; 
Prevent, treat and control mental illness at all levels and rehabilitate persons with 
15 
mental disability; 
16 
e) 
Provide access to comprehensive health care and treatment which ensure a well-
17 
balanced mental health program of community based and hospital care and treatment; 
18 
f) 
Establish a nationwide multi-sectoral collaborative network for the identification 
19 
and prevention of mental illness or disability and the planagement of mental health problems 
20 
among vulnerable groups in the population which, include those affected by overseas 
21 
employment, children, adolescents, elderly and those w:ho are in need of special protection like 
22 
survivors of extreme life experiences and violence, among others; and, 
23 
g) 
Protect and promote the mental health of the people through a multi-disciplinary 
24 
approach that encompasses health, education, labor and employment, justice, and social welfare. 
25 
SEC. 4. 
Definition of Terms. - As used in this Act: 


2 
1 
a. 
Mental health refers t'O a state 'Of well-being in which an individual fulfills his/her 
.' 
2 
'Own P'Otential in every stage 'Of hnman devel'Opment, at w'Ork and in relati'Onships, in 'Order t'O 
3 
c'Ope with the day t'O day stresses 'Oflife and make a P'Ositive c'Ontributi'On t'O the c'Ommunity; 
4 
b. 
Mental illness refers t'O mental 'Or psychiatric dis'Order characterized by the 
5 
existence 'Of rec'Ognizable changes in the th'Oughts, feelings and general behavi'Our 'Of an 
6 
individual brought ab'Out by neur'Obi'OI'Ogical causes manifested by genetic 'Or bi'Ochemical 
7 
abn'Ormalities and ass'Ociated medical c'Onditi'Ons which include distress, pers'Onality dis'Order, 
8 
substance use dependence and mental retardati'On; 
9 
c. 
Psychosocial problem refers t'O a c'Oriditi'On that indicates the existence 'Of 
10 
rec'Ognizable changes in the individual's behavi'Our, th'Oughts and feelings brought ab'Out and 
11 
cl'Osely related t'O sudden, extreme and pr'Ol'Onged stress'Ois in the physical 'Or S'Ocial environment; 
12 
d. 
Mental disability refers t'O impairments,. activity limitati'Ons and individual and 
13 
participat'Ory restricti'Ons den'Oting the negative aspects of interacti'On between an individual and 
14 
his envir'Onment. This results fr'Om 'Organic syndr'Omes such as mental retardati'On, acquired 
15 
lesi'Ons 'Of the central nerv'Ous system, dementia and psych'Otic and n'On-psych'Otic dis'Orders; 
16 
e. 
Patient refers t'O a pers'On receiving mental health care and treatment 'Or 
17 
psych'Os'Ocial interventi'On fr'Om a mental health care facility 'Or clinic; 
. 
18 
f. 
Legal representative refers t'O a pers'On charged by law with the duty 'Of 
19 
representing a patient in any specified undertaking 'Or 'Of exercising specified rights 'On the 
20 
patient's behalf; 
21 
g. 
Mental health professionals refer t'O those pers'Ons with f'Ormal educati'On and 
22 
training in mental health and behavi'Oural sciences, such as, but n'Ot limited to, psychiatrist, 
23 
psych'OI'Ogist, psychiatric nurse 'Or psychiatric s'Ocial w'Orker; 
24 
h. 
Mental health workers refer t'O trained v'Olunteers and adv'Ocates engaged in 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
mental health prom'Oti'On and services under the supervision 'Of mental health pr'Ofessi'Onals; and, 
i. 
Allied profeSSionals refer t'O any trained 'Or certified n'On-psychiatric physician, 
s'Ocial w'Orker, nurse, 'Occupati'Onal therapist, recreati'Onal therapist, c'Ounsel'Or, priest, minister, 
.' 
past'Or, nun, trained 'Or certified n'On-psychiatric individual 'Or n'On-physician. 
SEC. 5. 
Philippine Council for Mental Health. - The Philippine C'Ouncii f'Or 
Mental Health, hereinafter referred t'O as the C'Ouncil, is I].ereby established as an attached agency 
under the Department 'Of Health (DOH), t'O pr'Ovide f'Or a c'Oherent, rati'Onal and unified resP'Onse 
t'O menta! health problems, c'Oncerns and eff'Orts through the formulation and implementation 'Of 
the National Mental Health Care Delivery System. 
For purp'Oses 'Of this Act, the Nati'Onal Ment;ll Health Care Delivery Systt'm shall 
c'Onstitute a quality mental health care program, thr'Ough the devel'Opment 'Of efficient and 
effective structures, systems and mechanisms, that will ensure equitable, accessible, aff'Ordable, 
appropriate, efficient and effective delivery 'Of menta!' health care t'O all its stakeh'Olders by 
qualified, c'Ompetent, c'Ompassi'Onate and ethical mental health professionals and mental health 
workers. 


3 
1 
SEC. 6. 
Duties and Functions. - The Council shall exercise the following duties 
2 
and functions: 
3 
a. 
Review and formulate policies and guidelines on mental health issues and 
4 
concerns; 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
b. 
Develop a comprehensive and integrated national plan and program on mental 
health; 
c. 
Conduct regular monitoring and evaluation in support of policy formulation and 
planning on mental health; 
d. 
Promote and facilitate collaboration among sectors and disciplines for the 
development and implementation of mental health related programs within these sectors; 
e. 
Provide over-all technical supervision and ensure compliance with policies, 
programs, and projects within the comprehensive framework of the National Mental Health Care 
Delivery System and other such activities related to the implementation of this Act, through the 
review of mental health services and the adoption oflegal and other remedies provided by law; 
f. 
Plan and implement the necessary and urgent capacity building, reorientation and 
training programs for all mental health professionals, mental health workers and allied 
.' 
professionals as articulated in this Act; 
g. 
Review all existing laws related to mental health and recommend legislation 
19 
which will sustain and strengthen programs, services anq other mental health initiatives; 
20 
h. 
Conduct or cause to be conducted studies and researches on mental health, with 
21 
special emphasis on studies that would serve as basis for developing appropriate and culturally 
22 
relevant mental health services in the community; 
23 
i. 
Create such inter-agency committees, ,project task forces, and other groups 
24 
necessary to implement the policy and program framework of this Act; and, 
25 
j. 
Perform such other duties and functions necessary to carry out the purposes of 
26 
this Act. 
27 
28 
29 
30 
31 
32 
33 
SEC. 7. 
Composition. - The Council shall be composed of the following: 
a) 
b) 
c) 
d) 
e) 
f) 
The Secretary of Health, as ex officio chairman; 
The Executive Director, as vice chairman; 
Two (2) representatives from the govermnent sector; 
One (l) representative from the private health sector or consumer groups; 
One (1) representative from the academe; and, 
Two (2) representatives from the nongovermnent organizations involved in 
34 
mental health issues, as members. 
35 
The members of the Council shall be appointed by the President from among the 
36 
nominees of their respective organizations. 
37 
SEC. 8. 
Term of Office. - The members 'of the Council shall serve for three (3) 
38 
years. In case a vacancy occurs in the Council, any person chosen to fill the vacancy shall serve 
39 
only for the unexpired term of the member whom he succeeds. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
4 
SEC. 9. 
Per Diem. - The members o.f the Co.uncil shall receive reaso.nable per 
diems and transpo.rtatio.n allo.wance as may be fixed by the Co.uncil fo.r any meeting actually 
attended. 
SEC. 10. 
Quorum. - The presence o.f a majo.rity o.f the members o.f the Co.uncil 
shall co.nstitute a quo.rum. 
SEC. 11. 
Meetings. - The Co.uncil shall meet at least o.nce a mo.nth o.r as frequently 
as necessary to. discharge its duties and functio.ns. 
The Co.uncil shall be co.nvo.ked by the 
Chairman o.r upo.n written request o.f at least three (3) o.f i.ts members. 
SEC. 12. 
Executive Director. - The Co.uncil shall appo.int an Executive Directo.r 
who. shall serve for a term o.fthree (3) years. The Executive Directo.r shall be eligible fo.r o.ne (1) 
reappo.intment and shall no.t be remo.ved fro.m o.ffice except in acco.rdance with existing laws. 
SEC. 13. 
Duties and Functions. -
The .Executive Directo.r shall exer~ise the 
fo.llo.wing duties and functio.ns: 
a) 
Act as chief executive o.fficer o.f the Co.uncil and assume full respo.nsibility in 
implementing its purpo.ses and o.bjectives; 
b) 
Maintain a clo.se and functio.nal relatio.nship with the Department o.f Health and 
o.ther go.vernment and private entities co.ncerning mental health care; 
c) 
Fo.rmulate, develo.p, and implement, subject to. the approval o.f the Co.uncil, 
measures that will effectively carry o.ut the po.licies laid do.wn by the Co.uncil; 
d) 
Execute and administer all approved po.licies, programs and measures, and 
allo.cate appropriate reso.urces fo.r their implementatio.n; 
e) 
Reco.mmend to. the Secretary o.f Health the appo.intment o.f perso.nnel o.f the 
Co.uncil including superviso.ry, technical, clerical and o.ther perso.nnel in acco.rdance to. the 
staffing patterns and o.rganizatio.nal structure appro.ved by the Co.uncil; and, 
t) 
Represent the Co.uncil in all o.f its o.fficial transactio.ns o.r dealings and autho.rize 
26 
legal co.ntracts, annual repo.rts, financial statements, co.rr~spo.ndence and o.ther do.cuments. 
27 
SEC. 14. 
Salary. - The Executive Directo.r" shall receive a salary to. be fixed by the 
28 
Co.uncil in acco.rdance with the Salary Standardizatio.n Law. 
29 
SEC. 15. 
Appointment of Members. - Within thirty (30) days fro.m the date o.fthe 
30 
effectivity o.fthis Act, the President o.fthe Philippines shall appo.int the members o.fthe Co.uncil. 
31 
SEC. 16. 
Community Based Mental Heq/th Care. - The Mental Health Care 
32 
Delivery System shall ev0.1ve fro.m a predo.minantly ho.spital based mental health care system to. a 
33 
co.mprehensive co.mmunity based mental health care system which shall co.nsist o.f: a) mental 
34 
health service develo.pment; b) capacity building, reo.rientatio.n and training; and c) research and 
35 
develo.pment. 
36 
a. 
Mental Health Service Development. - Mental health service shall, within the 
37 
general health care system in the co.mmunity, include the fo.llo.wing: 
38 
i. Develo.pment and integratio.n o.f mental health care at the primary heruth care 
39 
in the co.mmunity; 


5 
1 
ii. 
Continuation of programs for capacity building among existing local 
2 
mental health workers so that they can undertake mental health care in the community 
3 
and undertake training and capacity building programs in close coordination with mental 
. 
4 
or psychiatric hospitals or departments of psychiatry in general or university hospitals; 
5 
6 
iii. 
iv. 
7 
population. 
Continuous support services and ilitervention for families and co-workers; 
Advocacy and promotion of mental health awareness among the general 
8 
b. 
Capacity Building, Reorientation and Training. -
Capacity building, 
9 
reorientation and training shall, in close coordination with departments of psychiatry in general 
10 
hospitals, university hospitals or mental facilities, be r~quired for those who are mental health 
11 
professionals or workers whose previous education and training had not emphasized community 
12 
mental health perspective. 
13 
c. 
Research and Development. - Research and development shall be undertaken, in 
14 
collaboration with academic institutions, mental hehlth associations and non-government 
15 
organizations, to develop appropriate and culturally tel evant mental health services in the 
16 
community. 
17 
SEC. 17. 
Promotion of Mental Health. - To protect the right for dignity, respect 
18 
and justice of those who are suffering from mental health problems, the Council shall promote an 
19 
integrated approach to mental health care to prevent mental disorders through programs that 
20 
strengthen the basic coping mechanism of individuals ip relation to stress and advocacy to raise 
21 
the value of mental health consciousness among the people. 
22 
SEC. 18. 
Access to Effective and High Quality Mental Health Care. - Any person 
23 
shall have the right to receive mental health care appropriate to his needs and shall be entitled to 
24 
care and treatment in accordance to the same standards and accessibility as other sick 
25 
individuals. 
26 
An improved, effective and easy access to mental health care shall be made possible and 
27 
a shift from a predominantly hospital based mental health care to community based care shall be 
28 
provided. 
29 
SEC. 19. 
Person with Mental Illness or ,Disability. - The determination that a 
30 
person has a mental illness or disability shall be made according to internationally accepted 
31 
medical classifications and standards. 
32 
SEC. 20. 
Confidentiality. - All patients or clients with mental illness or disability 
33 
shall enjoy the right to confidentiality. 
34 
SEC. 21. 
Patient's Treatment. - A patient with mental illness or disability shall 
35 
have the right to treatment in the least restrictive environment suited to the patients' mental 
36 
health needs. 
37 
SEC. 22. 
Consent to Care, Treatment or Rehabilitation. - The consent of the 
38 
patient to be treated or admitted in a mental health facility shall be obtained freely, without 
39 
threats or improper inducements, and with pertinent disclosure to the patient of adequate and 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
6 
understandable infonnation in a fonn or language that is understood by the patient. When the 
patient, at the relevant time, lacks the capacity to give _ or withhold consent, his next of kin or 
legal representative shall give consent. 
SEC. 23. 
Mental Health Facility. - A mt<'ntal health facility shall have adequate 
number of mental health professionals, workers and allied professionals which shall include 
ample space to provide each patient with privacy and appropriate diagnostic and therapeutic 
apparatus, regular and comprehensive treatment and medications. Every mental health facility 
shall be inspected frequently by competent authorities to guarantee that the treatment conditions 
and care of patients comply with these existing regulations. 
SEC. 24. 
Voluntary Admission. - Every patient admitted voluntarily shall have the 
right to leave the facility upon the recommendation of his attending psychiatrist: Provided, That 
the patient may be retained for further treatment and care in case of following observations: 
a. 
There exists a serious likelihood of danger of harming himself or others; 
b. 
The severity of the patient's mental illness is likely to lead a serious deterioration 
in his condition; and, 
c. 
The appropriate treatment can only be' done by admission to a mental health 
facility. 
SEC. 25. 
Psychiatric Service in Regional a,nd Provincial hospitals. - A psychiatric 
service shall be established in every regional and provincial hospital which shall provide the 
following: 
a. 
Short tenn in-patient hospital care for those with acute psychiatric symptoms in a 
small psychiatric ward; 
b. 
Partial hospital care for those with psycqiatric symptoms or undergoing difficult 
24 
personal and family circumstances; 
2S 
c. 
Out-patient clinic in close collaboration with the mental health program at the 
26 
primary health centers in the area; 
27 
28 
29 
30 
31 
32 
33 
d. 
Linkage and possible supervision of home care services for those with special 
needs as a consequence of long-term hospitalization, unavailable families, inadequate or non-
compliance to treatment; 
e. 
Coordination with drug rehabilitation, centers on the care, treatment and 
rehabilitation of persons suffering from drug or alcohol induced mental, emotional and 
behavioural disorder; and, 
f. 
Referral system with other health and social welfare programs, both govennnent 
34 
and non-govennnent, for programs in the prevention of mental illness, the management of those 
35 
at risk for mental health and psychosocial problems and-mental illness or disability. 
36 
SEC. 26. 
Access to Information. - Only patients or fonner patients shall be entitled 
37 
to have access to their personal mental health records. For justifiable reason, such confidential 
38 
infonnation may not be given to the patient but instead be given to the patient's representative or 
39 
counsel. 


7 
1 
SEC. 27. 
Implementing Rules and Regulations. - Within ninety (90) days from the 
2 
effectivity of this Act, the Secretary of Health shall, in coordination with the Council, fonnulate 
3 
the rules and regulations necessary for the effective implementation of this Act. 
4 
SEC. 28. 
Appropriation. - The initial amount of Seventy Million (P70,000,000.00) 
5 
Pesos is hereby appropriated for the initial implemenmiion of this Act. Thereafter, any amount 
6 
as may be necessary to carry out the provisions of this Act shall be included in the General 
7 
Appropriations Act. 
8 
SEC. 29. 
Repealing Clause. - All laws, decrees, executive orders, proclamations, 
9 
rules and regulations, and issuances, or parts thereof, which are inconsistent with the provisions 
10 
of this Act are hereby repealed or amended accordingly. 
II 
SEC. 30. 
Effectivity. - This Act shall take effect fifteen (15) days after publication 
12 
in the Official Gazette or in two (2) national newspapers .of general circulation. 
13 
14 
Approved,