« Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
18" Congress
First Regular Session

HOUSE BILL No. _3893

Introduced by: HON. LORNA C. SILVERIO

EXPLANATORY NOTE

Oral disease continues to be a serious public health problem in the Philippines.
The oral health status of Filipino children is alarming. Past and recent surveys
revealed that Filipinos bear the burden of gum diseases early in their childhood.
‘According to the National Oral Health Survey, 74% of ‘twelve-year-old children suffer
from gingivitis. If not treated early, these children become susceptible to irreversible
periodontal disease as they enter adolescence and approach childhood.

In general, tooth decay and gum diseases do not directly cause disability of
death. However, these conditions can weaken bodily defenses and serve as portals of
entry to other more serious and potentially dangerous systemic diseases and
infections. Serious conditions include arthritis, heart disease, endocarditis, gastro-
intestinal diseases, and ocular-skin-renal diseases. Aside from physical deformity,
these two oral diseases may also cause disturbance of speech significant enough to
affect work performance, nutrition, social interactions, income, and self-esteem. Poor
oral health poses detrimental effects on school performance and spoils success in later
life. In fact, children who suffer from poor oral health are 12 times more likely to have
restricted-activity days. In the Philippines, toothache is a common ailment among
schoolchildren, and is the primary cause of absenteeism from school. Indeed, dental
and oral diseases create a silent epidemic, placing a heavy burden on Filipino
schoolchildren.

In consonance with the State’s recognition of the need to promote the physical
well-being of children, including promoting their right to health, and making health
services adequate to all, this bill seeks to ensure that quality, affordable, accessible
and available oral health care delivery can be availed by unemancipated child below
cighteen (18) years of age who have no visible means of support or whose parents or
guardians have no means of ‘providing for their immediate medical and dental needs.

For the foregoing reasons, the passage of this bill is earnestly sought.

LORNA. SILVERIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18 Congress
First Regular Session

MRE RILUNOL eos

Introduced by: HON. LORNA C. SILVERIO

AN ACT REQUIRING ALL GOVERNMENT AND PRIVATE HOSPITALS, MEDICAL
CENTERS, CLINICS, INFIRMARIES AND PUERICULTURE CENTERS TO GIVE FREE
MEDICAL AND DENTAL ASSISTANCE TO INDIGENT CHILDREN

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 "The Indigent Children Free Medical
and Dental Service Act."

SEC 2. Declaration of Policy. - In consonance with the State's recognition of the need to
promote the physical well-being of children, including promoting their right to health, and
Taking health services adequate to all, itis hereby declared the policy of the State o provide for
all possible assistance it could provide to children especially those who are unfortunate to have
no means of support or have no one to support them.

SEC 3. Indigent Children. ~ For purposes of this Act, an indigent child shall refer to an
Tnemancipated child below eighteen (18) years of age who have no visible means of support of
Whose parents or guardians have no means of providing for their immediate medical and dental
needs.

SEC 4. Duty of the DSWD and DOH — The Department of Social Welfare and Development
(DSWD) and the Department of Health (DOH) shall be tasked with the primary responsibility of
{implementing the provisions of this Act. For this purpose, the DSWD shall promulgate the
necessary guidelines in order to determine if a child in need of medical and/or dental service may
be considered indigent, taking into account the following factors:

1.) Age of the Child;

2.) Financial Condition of the family;

3.) Degree of deprivation of parental care and support; and
4.) Inability of his parents to ‘exercise parental authority.


The DOH, on the other hand, shall coordinate and establish the necessary mechanisms and
regulations to govern both government and private hospitals, medical centers, clinics, infirmaries
and puericulture centers in the implementation of this Act.

‘The DSWD and DOH shall have the authority to promulgate the necessary rules and regulations
for the purpose of carrying into effect the provisions of this Act.

‘medical attention...

SEC 6. Incentives for Private Hospital, Medical Center, Clinic, Infirmary and/or
Puericulture Centers. - The expenses and losses of earnings incurred by a private hospital,
medical center, clinic, infirmary or puericulture center, or by an individual physician or dentist,
for medicine, facilities and services extended to the care and treatment of an indigent child as
required herein, in the amount not exceeding Five hundred Thousand Pesos (Php 500,000.00) per
year, shall be considered deductible expenses and losses for income tax purposes, which may be
carried for over a period of five (5) years.

To ensure compliance with the provisions of this Act, all indigent children treated by private
hospitals, medical centers, clinics, infirmaries or puericulture centers shall secure a certification
from the social worker assigned to the hospital, medical center, clinic, infirmary or puericulture
center. This Certification shall contain the following information:

1.) Name of patient;

2.) That the patient is indigent and supporting proof thereof,

3.) Service/s rendered to the patient;

4.) Cost of such service/s based on the existing price list of the hospital, medical center,
clinic, infirmary or puericulture center at the time of treatment; and

5.) Attestation from the social worker that all information contained therein are true and
correct to his/her knowledge.

SEC 7. Penal Clause. - Any hospital director, administrator, officer-in-charge, physician or
dentist in a hospital, medical center, clinic, infirmaries or puericulture center who shall refuse or
fail without good cause to render the appropriate medical and dental services pursuant to this
‘Act, after the child has been brought to his/her attention; or any nurse, midwife, medical or
dental attendant who shall refuse to extend the appropriate assistance, subject to existing rules, or
neglects to notify or call the attention of a physician or dentist in attendance, shall be punished
with imprisonment of at least one (1) year or a fine of not more than One Hundred Fifty thousand
(Php 150,000.00), or both fine and imprisonment, at the sound discretion of the court. The

oe imposed shall not prejudice any administrative sanctions that may be imposed by
law.


SEC 8, Separability Clause. - If any provision or part hereof is held invalid or unconstitutional,
see emainder of the law or the provision not otherwise affected shall remain valid and
subsisting.

SEC 10, Repeating Clause. - Any law, presidental decree or issuance, executive order, letter of
srstruction, administrative order, rule of regulation contrary to or inconsistent with the provisions
of this Act are hereby repealed, modified or amended accordingly

SEC 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.

Approved,

Aone A. her