Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILLNO. _3

Introduced by Representatives Ferdinand Martin G. Romualdez,
Andrew Julian K. Romualdez and Jude A. Acidre

EXPLANATORY NOTE

This bill seeks to create the Philippine Centers for Disease Prevention and
Control (CDC) to serve as the principal agency tasked with developing and
implementing communicable disease prevention and control initiatives.

Section 15, Article II of the 1987 Constitution provides that “The State shall
protect and promote the right to health of every Filipino and instill health
consciousness among them.” The State recognizes its duty to give utmost priority
to public health measures, particularly with the continuing emergence and
reemergence of infectious diseases that pose significant threats to nations
worldwide.

The COVID-19 pandemic underscored the vital importance of effective
disease prevention and control mechanisms and robust public health infrastructure.
The pandemic revealed the deficiencies in the Philippines’ health system,
particularly in the areas of disease surveillance, outbreak response, coordination, and
data-driven policy-making. To prepare the country from future health threats, it is
imperative to institutionalize reforms that will strengthen our capacity to protect
public health.

Currently, the Philippines lacks a dedicated, centralized agency solely focused
on disease prevention and control. While the Department of Health (DOH) performs



this function through various bureaus and offices, these efforts are often fragmented,
under-resourced, and challenged by institutional constraints. The establishment of a
specialized institution will allow for more coherent, responsive, and science-based
approaches to disease management.

The proposed Philippine Centers for Disease Prevention and Control shall be
responsible for controlling the spread of infectious diseases through the adoption of
a framework that fosters a whole-of-government, whole-of-system approach and
streamlining of science-based decision-making, particularly during public health
emergencies.

Investing in disease prevention and control is both a public health and an
economic necessity. Institutionalizing this agency will not only enhance the
country’s preparedness for future pandemics, but will also strengthen its capacity to
address ongoing health challenges such as tuberculosis, human immunodeficiency
virus (HIV), dengue, and non-communicable diseases. Moreover, a centralized body
will enable faster response times, more efficient resource utilization, and improved
health outcomes for the Filipino people.

During the 19th Congress, Representative Ciriaco “Doc” Gato Jr., Rep.
Patrick Michael D. Vargas, and Rep. Joey Salceda, were among the principal authors
of the House Bills creating the Philippine Centers for Disease Prevention and
Control. These proposals were later consolidated into House Bill No. 6522, which
was approved by the House and transmitted to the Senate in December 2022

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

ming G. ROMUALDEZ

JUDE 4 ACIDRE ANDREW JULIAN K. ROMUALDEZ


Ne

ERE SGoavauaw

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

3

HOUSE BILL NO.

Introduced by Representatives Ferdinand Martin G. Romualdez,
Andrew Julian K. Romualdez and Jude A. Acidre

AN ACT
CREATING THE PHILIPPINE CENTERS FOR DISEASE PREVENTION
AND CONTROL, DEFINING THEIR POWERS AND FUNCTIONS AND
APPROPRIATING FUNDS THEREFOR

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

ARTICLEI
TITLE AND GUIDING PRINCIPLES

SECTION 1. Short Title. — This Act shall be known as the "Philippine Centers
for Disease Prevention and Control (CDC) Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and promote
the right to health of all Filipinos and instill health consciousness among them. To
this end, the State shall adopt an integrated, comprehensive, and evidence-
informed approach consistent with the direction enunciated under Republic Act
(RA) No. 11223, or the Universal Health Care (UHC) Act, and adopt a framework
that shall foster a whole-of-system, whole-of-government, and whole-of-society
approach, ensuring clear delineation of tasks between existing agencies and
maximizing current mandates. The State shall also allot the necessary support and
institutional resources to provide for effective disease prevention and control
through a high-level public institution imbued with the capacity, competence, and
authority to confront global and local public health risks.


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SEC. 3. Objectives. - The objectives of this Act are the following:

(a) Protect the Filipino people from the impact of all diseases of public health
importance;

(b) Develop policies, plans, and protocols to improve on all identified areas in
the International Health Regulations (IHR) hazards;

(©) Clarify governance, decision-making, communication, and coordination
Processes and protocols related to identifying, diagnosing, forecasting,
preventing, controlling, eliminating and eradicating, and monitoring diseases of
public health importance;

(d) Ensure swift, coordinated, and data-driven surveillance and response
through the Department of Health (DOH), Epidemiology and Surveillance Units
(ESUs), public health laboratory systems, points of entry, and Disaster Risk
Reduction and Management (DRRM) system;

(e) Provide the overall national framework and strategic direction for the
establishment of a health laboratory system;

(£) Maintain a pool of in-house experts that shall serve as the technical authority
who shall provide evidence-informed guidance on standards, technologies, and
analytics for epidemiology, disease control, prevention, elimination, eradication,
health emergency preparedness and response; and

(g) Ensure the development and implementation of a shared risk and crisis
communication plan with the DOH and the Food and Drug Administration
(FDA).

ARTICLE I
DEFINITION OF TERMS.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Commodities for public health emergencies refer to health products
necessary for the public health emergency response. It may include vaccines,
therapeutics, medical devices, and ancillary supplies;

(b) Disease refers to pathologic acute or rapidly developing and chronic or
long-standing conditions that cause harmful deviations from normal structure or
function and may be due to infectious agents or their toxic products, which may
be transmitted from a reservoir to a susceptible host, either directly from an
infected person or animal or indirectly through the agency of an intermediate


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plant or animal host, vector, or the inanimate environment, or coming from
laboratories intentionally or unintentionally, or may be the result of a
combination of genetic, physiological, environmental, and behavioral factors;

(c) Disease control refers to the reduction of disease incidence, prevalence,
morbidity, or mortality to a locally acceptable level as a result of deliberate
efforts and continued intervention measures to maintain the reduction;

(d) Disease surveillance refers to the ongoing systematic collection, analysis,
interpretation, and dissemination of outcome-specific data for use in the
planning, implementation, and evaluation of public health practice in terms of
epidemics, emergencies, and disasters. A disease surveillance system includes
the functional capacity for data analysis as well as the timely dissemination of
these data to persons who can undertake effective prevention and control
activities;

(e) | Emerging or re-emerging infectious diseases refer to diseases that are
characterized by the following traits:

1, have not occurred in humans before;

2. have occurred previously but affected only small numbers of people in
isolated areas;

3. are caused by previously undetected or unknown infectious agents;
4. are due to mutant or resistant strains of a causative organism; or

5. were once major health problems in the country, and then declined
dramatically, but are again becoming health problems for a significant
proportion of the population.

(f)Epidemiological investigation refers to an inquiry to the incidence, prevalence,
extent, source, mode of transmission, causation of, and other information
pertinent to a disease occurrence;

(g) Health research refers to research or research-related activities that seek to
provide timely and quality evidence to address knowledge gaps on areas related
to identifying, diagnosing, forecasting, preventing, controlling, eliminating and
eradicating, and monitoring diseases of public health importance;

(h) International health regulations (IHR) refer to an international agreement
managed by the World Health Organization (WHO) and focused on addressing
serious public health threats that have the potential to spread beyond a country’s

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borders to other parts of the world and define the standards that countries must
meet to be able to prevent, detect, and respond to public health threats;

(Notifiable disease refers to a disease that, by legal requirements, must be

repot

rted to the public health authorities;

(i) Public health emergency refers to an occurrence or imminent threat of an illness
or health condition that:

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caused by any of the following:
Bioterrorism;

Appearance of a novel or previously controlled or eradicated infectious
agent or biological toxin;

‘Natural disaster;
Chemical attack or accidental release;
Nuclear attack or accident; or

Attack that uses or is caused by an accidental release of radioactive
materials; and

2. Poses a high probability of any of the following:

i

ii,

iii.

(k)

Large number of deaths in the affected population;

Large number of serious injuries or long-term disabilities in the affected
population;

Widespread exposure to an infectious or toxic agent that poses a
significant risk of substantial harm to a large number of people in the
affected population;

International exposure to an infectious or toxic agent that poses a
significant risk to the health of citizens of other countries; or

Trade and travel restrictions.

Public health event refers to either a public health emergency or a public

health threat due to biological, chemical, radio-nuclear, and environmental
agents;


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(1) Public health laboratories refer to facilities responsible for providing timely and
reliable diagnostic results primarily for improvement of patient outcomes,
disease prevention, control, surveillance, population-based interventions, and
outbreak emergency response. They shall perform core public health and
environmental activities, including reference tests for diseases of public health
importance;

(m) Public health threat refers to any situation or factor that may present a danger to
the health of the people;

(n) Quarantine refers to the restriction of activities or separation from others of
suspect persons who are not ill, or of suspect baggage, containers, conveyances,
or goods, in such a manner as to prevent the possible spread of infection or
contamination;

(0) Response refers to the implementation of specific activities to control the
further spread of infection, outbreaks, or epidemics and prevent reoccurrence. It
includes verification, contact tracing, rapid risk assessment, case measures,
treatment of patients, risk communication, the conduct of prevention activities,
and rehabilitation.

ARTICLE I
CREATION AND FUNCTIONS OF THE PHILIPPINE CENTERS FOR
DISEASE PREVENTION AND CONTROL

SEC. 5. Creation of the Philippine Centers for Disease Prevention and
Control. — There is hereby established an agency to be known as the Philippine
Centers for Disease Prevention and Control, hereinafter referred to as "CDC." The
CDC shall be an agency directly under the Office of the Secretary of the DOH

SEC. 6. Functions of the CDC. - The CDC shall be the technical authority on
forecasting, analysis, strategy, and standards development for the prevention and
control of all diseases of public health importance and health security events,
whether domestic or international in origin. The CDC shall coordinate with global
CDCs and act as the national focal point of the Philippines for IHR concerns

The functions of the CDC include the following:

(a) Develop strategies, standards, and policies for disease prevention and
control;

(b) Implement disease surveillance and field epidemiology activities;

(c) Perform data collection and analytics;


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(d) Establish and strengthen public health laboratories;
(e) Set standards and policies for private laboratories;

(f)Recommend actions for public health threats to appropriate national government
bodies;

(g) Lead public health and risk communications;
(h) Conduct and manage health research and evidence synthesis;
(i) Build local capacity for surveillance and health research;

(j) Promote scientific integrity by ensuring that all its products are technically
accurate, scientifically and ethically sound, and useful to the government and
the intended population through the institutionalization of appropriate
mechanisms and bodies.

The CDC shall perform other functions as may be mandated by law or duly
delegated by relevant authorities, as well as those that may be necessary or
expedient for the performance of its functions under this Act.

The CDC shall submit annual detailed cost work plans relating to its functions to
the Secretary of Health (SOH) for approval.

SEC. 7. Structure of the CDC. -

(a) The CDC shall establish component centers that shall lead and coordinate
the major functions of the CDC and in this capacity, establish strategic linkages
and partnerships to fulfill the stated functions. In line with their functions, each
of the following component centers shall be headed by a Deputy Director
General:

1. Center for Health Statistics (CHS). The CHS shall provide the national
leadership data analytics and health information systems management
services in the conduct of non-epidemiologic surveys in coordination with
the Philippine Statistics Authority, and shall complement the roles and
responsibilities of the DOH related to sectoral policy and planning by
providing relevant health statistics. It shall likewise progressively develop
and expand its methodological and analytical capacity; its use of informatics,
digital tools, innovations, among others; and expand its portfolio of national
health-related surveys to complement the national health surveys being
managed by other national agencies;


1 2. Center for Epidemiology and Surveillance (CES). The CES shall lead and
2 execute a national public health surveillance strategy and shall perform the
3 functions and obligations of the Epidemiology Bureau (EB) and the DOH
4 under Sections 5, 6, and 8 of RA No. 11332, otherwise known as the
5 “Mandatory Reporting of Notifiable Diseases and Health Events of Public
6 Health Concern Act”. Further, it shall progressively enhance its
7 epidemiology and surveillance functions to further develop its overall
8 analytical capacity; to expand the scope of surveilled events and diseases; to
9 set standards for and continually expand tools for data management and

10 surveillance systems; to expand the scope of data collected; to lead in the
n development of epidemiology and surveillance capacities for all diseases and
2 their causes, including social determinants of health; to lead in implementing
B International Health Surveillance and IHR processes; and to expand its
4 technical expertise to include other and emerging branches and types of
15 epidemiology and relevant epidemiologically-related approaches;

16 3. Center for Health Evidence (CHE). The CHE shall be established to lead
7 evidence-informed policy-making for the prevention and control of all
18 diseases, through the synthesis of available evidence, the conduct of high-
19 quality health research, the development of evidence-informed strategies and
20 standards of care, the provision of scientific inputs to guide the development,
a evaluation, and improvement of public health programs, and the development
2 of science-informed standards to address public health threats, in partnership
23 with academe, professional societies, research bodies, National Institutes of
24 Health, and the Department of Science and Technology (DOST);

25 4. Center for Health Laboratories (CHL). The CHL shall develop and provide
26 the overall strategic direction, policies, standards, and plans in the
27 implementation of the Philippine Health Laboratory System (PHLS) and the
28 institutionalization of stand-alone CDC public health laboratories, including
29 national reference laboratories, subnational, and regional public health
30 laboratories (RPHLs). The Philippine Health Laboratory System shall be
31 established by streamlining all diagnostic tests and surveillance of diseases of
32 public health importance into stand-alone laboratories across the nation and
33 by ensuring an effective and efficient quality management system for all
34 clinical and other health laboratories in partnership with the DOH. Further,
35 the CHL shall lead the country’s public health laboratory response for rapid
36 detection of emerging and re-emerging public health threats. It shall promote
37 and develop innovative science, technologies, and processes that support
38 CDC’s ability to protect the Philippines from health, safety, and security
39 threats, both foreign and local.

40 (b) The CDC shall also have three (3) offices directly under the Director General
aL that shall provide support to all Centers, namely:


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1. Office for Health Economics;
2. Office for Policy and Planning;
3. Office for Administration, Finance, and Legal Affairs.

(c) Regional CDCs shall be established, consisting of counterparts of CHL,
CHS, and CES.

(d) Additional offices may be created in accordance with the mandate of the
CDC, upon the assessment and recommendation of the Director Gencral,
approval of the SOH, availability of funds, and to accordingly respond to the
emerging needs of the health sector.

The establishment of regional CDCs and creation of additional offices shall be
endorsed by the DOH to the Department of Budget and Management (DBM) for
review and approval.

ARTICLE IV
OPERATIONAL STRUCTURE, MANAGEMENT, AND STAFF OF THE
CENTER

SEC. 8. Relationship with Existing Agencies and Offices. —

a) Relationship between CDC and DOH Operations. The CDC shall be an agency
under the Office of the SOH. The DOH shall develop operational and
intersectoral policies to support implementation of strategies and standards
developed by the CDC.

b) Relationship between CDC and the DOH Bureau of Quarantine (BOQ). The
CDC shall set the standards for international health surveillance and surveillance
at ports of entry and coordinate with the BOQ for operational and stakeholder
management.

c) Relationship between Regional CDCs and DOH Regional Offices. The CDC
shall have regional counterparts of its CHL, CHS, and CES to form the Regional
CDCs separately from DOH Regional Offices. The DOH, through its regional
offices, shall work closely with CDC, through its regional CDCs to support
implementation of strategies and standards of the CDC

d) Relationship between CDC and local government units (LGUs). LGUs shall
adopt and localize standards and guidelines developed by the CDC, as
operationalized by the DOH, in _the performance of activities related to
disease prevention and control. Further, LGUs shall allocate funding for the

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establishment of functional ESUs based on standards set by the DOH and as
provided for by law including the creation of positions for the necessary Disease
Surveillance Officers (DSOs) and field epidemiologists and in line with the goal
of building local capacity for health surveillance: Provided, That LGUs that do
not have the capacity to achieve these standards shall be eligible to receive
resource augmentation from the National Government

SEC. 9. Transfer of Agencies. —

(a) Restructuring of Affected Offices and Units. The following offices, including

their administrative units, shall be restructured to ensure that the CDC and
DOH shall co-exist synergistically and facilitate the smooth operation of the
CDC.

1. The different units of the Research Institute for Tropical Medicine (RITM)
shall be absorbed in the different Centers of the CDC:

i, The RITM’s national reference laboratories shall be absorbed by the
CHL;

ii, Its clinical research units, hospital ancillary services, and research
laboratory departments shall be absorbed by the CHE;

iii, Its biological research and manufacturing units shall be temporarily
absorbed by the CHE until an agency is finally tasked by the
government to handle their role and functions.

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The Health Laboratory Division, also referred to as the Office for Health
Laboratories of the Health Facility Development Bureau of the DOH and
other identified national reference laboratories shall be absorbed by the
CHL.

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. The Epidemiology Bureau (EB) shall be transferred to the CHS and CES in
phases. All previous functions of the EB and all disease and public health
surveillance functions assigned to the DOH by law shall likewise be
transferred to the CES. In line with this, all Regional Epidemiology and
Surveillance Units and Field Health Service Information System Units of the
DOH Regional Offices shall be transferred to and placed under the sole
supervision and control of the Regional CDCs upon the effective transfer of
the EB to the CDC.

i. The Knowledge Management and Information Technology Service of
the DOH shall restructure and rationalize its functions to eliminate or
minimize overlaps in and duplication of the standards and sectoral policy
function of the CHS.


1 ii, The CES shall set the standards for international health surveillance and
2 surveillance at ports of entry and shall coordinate with the BOQ for
3 operational and stakeholder management. Further, the screening and
4 quarantine processes for inbound and outbound international travelers as.
5 provided for in Sections 4 and 5 of RA No. 9271 or the "Quarantine Act
6 of 2004" shall remain with BOQ, aligned to the standards promulgated
7 by CDC

8 4. The Disease Prevention and Control Bureau (DPCB) shall be transformed
9 into the Public Health Strategy and Management Bureau, and shall be
10 responsible for developing operational strategy and guidelines that are
u aligned with CDC’s standards, setting up intersectoral collaboration
R platforms, and ensuring strategic management of national health programs.
2B The DPCB’s previous standards development function shall be transferred
uw to the CDC’s CHE. The DOH Undersecretary for Operations and the DOH
1s Regional Offices shall continue to perform their roles in operational
16 planning, coordination and performance management.

v 5. The Communications Office of the DOH shall be a shared service among all
aT) DOH offices, including the FDA and CDC, and shall perform the following
19 functions:

20 i, Develop strategic communication plans, including, but not limited to,
a corporate risk and crisis communication plans;

2 ii, Manage and implement risk communication activities and initiatives,
23 such as the development and issuance of information and education
24 communication materials, events, stakeholder meetings, and other media
25 engagement activities;

26 iii. Manage and activate crisis communication protocol for health risks and
27 hazards, and institutional reputational risks;

28 iv. Develop and implement corresponding capacity-building activities in
29 relation to corporate risk and crisis communications;

30 vy. Perform internal communication functions within the institution;

31 vi. Develop and facilitate the approval of communication materials and
32 policies as aligned with the approved communication plans;

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vii. Manage different platforms of the institution for release of
communication materials; and

viii, Foster, maintain, and continuously build extemal partnerships and
communication networks with public and private health institutions.

b) Transfer of Human Resource and Material. The offices affected by the transfer
of agencies shall also transfer human resource, applicable funds and
appropriations, records, equipment, and property to the CDC subject to a multi-
year transition plan.

1. As aresult of the reorganization under this Act, the DOH shall evaluate the
credentials, skills, and work experience of all employees in affected
offices/bureaus and shall conduct matching to positions within the new
offices/bureaus created based on the set qualification standards. The
Department shall develop a technical working group to ensure that RA
6656, entitled “An Act to Protect the Security Tenure of Civil Service
Officers and Employees in the Implementation of Government
Reorganization”, shall be properly observed towards the protection of
tenure of affected employees and shall institute mechanisms for retooling.
There shall be no diminution of salaries and benefits of affected employees.
Affected employees may opt for voluntary separation from service within
six (6) months from the effectivity of this Act and shall be entitled to
receive separation, and early retirement benefits and other benefits under
applicable laws and issuances such as RA No. 6656 within ninety (90) days
from the date of effectivity of their separation. Provided they are not
entitled to said benefits, employees concerned shall be paid a separation
gratuity in the amount equivalent to one (1) month salary for every year of
service;

XN

The CDC shall employ scientific, technical, and non-technical staff, where
a compensation and accountability mechanism shall be created for all in-
house experts employed in highly technical positions. Correspondingly, the
DOH shall determine the organization and plantilla of the CDC in
accordance with the salary and compensation for positions developed for
the CDC to the DBM for review and approval.

i. The salary and compensation of all employed staff under managerial,
technical, and administrative positions shall be subject to existing
compensation and position classification system and prevailing
qualification standards and regulations of the Civil Service
Commission (CSC).

ii, The compensation mechanism for the expert pool shall be in
accordance with the rules and regulations in this Act and its IRR and

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shall be exempt from existing qualification standards and regulations
of the CSC

iii, All in-house experts shall be allowed to practice their profession and
receive additional compensation from such engagements.

iv, All employed staff and in-house experts shall submit a declaration of
conflict-of-interest (COI), a non-disclosure agreement (NDA), and
other pertinent documents requirements as may be deemed necessary.

3. The transfer of human resource, applicable funds and appropriations,
records, equipment, and property to the CDC, among others, shall
commence within two (2) years from effectivity of this Act to enable the
smooth transfer of the same from the DOH.

SEC. 10, Structure and Staffing Pattern. - Subject to the review and approval
of the DBM, the SOH shall determine the organizational structure and staffing
pattern of the CDC, in accordance with existing civil service laws, rules and
regulations.

SEC. 11. Director General (DG), Deputy Directors General, and Directors. —

(a) Appointment of the Director General (DG). The CDC shall be headed by a
DG who shall hold the rank of Undersecretary. The DG shall be appointed by
the President, upon the recommendation of the SOH, based on technical
expertise, academic background, and appropriate work experience.

(b) Appointment of the Deputy Directors General. The DG shall be assisted by
Deputy Directors General who shall hold the rank of Assistant Secretary. They
shall oversee the performance of the Offices and Centers and any additional
offices created in accordance with Sec. 7 (d) of this Act. The Deputy Directors
General shall likewise be appointed by the President, upon the recommendation
of the SOH, based on technical expertise, academic background, and appropriate
work experience.

(c) Appointment of Directors, The DG shall likewise be assisted by the following:
1. Director for Health Economics Service with the rank of Director IV;
2. Director for Policy and Planning with the rank of Director IV;

3. Director for Administration, Finance, and Legal Affairs with the rank of
Director IV;

(4) Qualifications and Eligibilities.
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(e)

. The DG shall be a public health professional, must be a licensed medical

doctor, with at least 15 years of combined post-graduate work experience in
relevant fields of medicine, public health, research, and management.

. The Deputy Director General of each Center shall possess a postgraduate

degree, preferably a doctorate degree in fields related to medicine, public
health, or research, with management experience in such fields, and

The Directors directly under the Office of the DG shall possess third level
service eligibility with educational background in relevant fields of medicine,
public health, accounting, management, economics or any business course,
and must have management experience in the aforesaid fields.

Powers and Functions of the Director General.

1, Provide leadership, policy guidance, coordination, technical expertise, and
services to promote the development and implementation of the CDC’s
national programs;

2. Certify to the SOH the presence of a public health emergency;

3. Notify the WHO and other focal points of any public health emergency or
incident in accordance with IHR guidelines, and coordinate public health
response with the WHO, IHR and national focal points;

4. Recommend to the President, through the SOH, the exercise of special
powers in the case of public health emergencies, including mobilization of
the governmental and nongovernmental agencies, including the private
sector, to respond to the threat in performing the following functions:

i. Develop and implement national policies to prevent and mitigate
further transmission of diseases of public health importance;

ii, Ensure that LGUs follow all rules, regulations, and directives issued by
the National Government pursuant to this Act: Provided, That all LGUs
are authorized to develop localized policies and interventions provided
these are aligned with national policy, rules and regulations;

iii, Develop and implement flexibilities in procurement of essential
commodities and implement programs in response to a public health
emergency;

iv. Ensure the adequate and equitable distribution of health workers during
public health emergencies and the provision of social benefits and

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protection to health workers and their families and other household
members against discrimination;

v. Enforce measures to protect the people from hoarding, profiteering,
injurious speculations, manipulation of prices, product deceptions,
monopolistic practices, other acts in restraint of trade, or other
pernicious practices affecting the supply, distribution, and movement
of food, clothing, hygiene and sanitation products, medicines and
medical supplies devices, implements, machinery, equipment and spare
parts required in agriculture, industry, other essential services, and
other articles of prime necessity, whether imported or locally produced
or manufactured;

vi. Ensure that donations intended to address the public health
emergencies, the acceptance thereof, and distribution of donated health
products and commodities are not unnecessarily delayed considering
their shelf-life, and that health products for donation that are duly
certified by the national regulatory authorities (NRA) or their
accredited third party representatives from countries with established
regulations shall be automatically cleared; and

vii. Perform such other functions and activities, as deemed necessary.

5. Institute public health surveillance programs in accordance with RA 11332

and as such, impose the following:

i) All public and private hospitals, clinics, health facilities, laboratories,
institutions, workplaces, schools, prisons, ports, airports, establishments,
communities, other government agencies, and non-governmental
organizations are required to accurately and immediately report notifiable
disease and public health events to CDC;

ii) All public and private hospitals, clinics, health facilities, laboratories shall
be required to submit health and health-related data, which shall include
administrative, public health, medical, pharmaceutical, and financing data
to the CDC;

i) DSOs, ESUs, CDC laboratories, PHLs, pharmacies and those employed
by the LGUs to perform surveillance and response activities shall furnish
information required by the CDC at all times and as soon as practicable;
and

iv) _ Failure of said establishments to report to the CDC shall constitute a
violation of Section 9, paragraphs (d) and (e) of Republic Act No. 11332,


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or the “Mandatory Reporting of Notifiable Diseases and Health Events of
Public Health Concem Act.”

6. Issue an order requiring any person or institution to furnish CDC any sample
of any substance or matter in the possession or control of that person,
whether taken pursuant to this Act or otherwise, as may be considered
necessary or appropriate, or any information as may be required by the CDC,
within the period it requires for the purpose of any public health surveillance
program, epidemiological investigation, or survey conducted pursuant to this
Act;

7, Request the Philippine National Police or the National Bureau of
Investigation to locate any patients or persons suspected of contracting a
communicable disease;

8. Certify the termination of a public health emergency which may serve as
basis for the de-escalation and eventual termination of emergency response
activities;

9. Develop policies with provisions on penalties for local implementation and
enforcement:

i. The Director General, upon consultation with the SOH, shall provide
recommendations on the corresponding rules and regulations, as well as
penalties, for local implementation and enforcement that are necessary to
control and prevent diseases within the country and to prevent the
introduction, transmission, or spread of communicable diseases from
other countries into the Philippines or from one domestic seaport/airport
to another; and

ii, For purposes of implementing these regulations, the Director General
upon consultation with the SOH, shall provide public health preventive
measures and intervention strategies such as health education, promotion,
and advisories, isolation, veterinary and plant quarantine, inspections,
fumigation, disinfection, disinfestation, vector control, _ pest
extermination, and destruction of animals or articles found to be infected
or contaminated as to be sources of infection to human beings, in
coordination with other concerned quarantine agencies and other
measures as may be necessary.

10. Develop containment strategies for inland contagion or community
transmission of public health threats and shall coordinate these with the
SOH. During public health emergencies, the DOH Health Emergency
Management Bureau shall coordinate with DOH BOQ in controlling,
directing, and managing all quarantine stations, grounds, and anchorages,

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and in designating their boundaries in accordance with Section 6 of RA No.
9271, or the “Quarantine Act of 2004”;

11. Provide or obtain technical assistance for regional and local health
departments, private agencies, and intemational and supranational agencies
before, during, and after public health emergencies;

12. Develop a shared risk communication plan in coordination with the DOH
and the FDA;

13. Liaise with other government agencies, NGOs, international organizations,
including the WHO, learning and academic institutions, and other pertinent
groups or entities in the conduct of activities relating to disease prevention
and control;

14. Coordinate with appropriate DOH Offices regarding administrative and
program matters;

15. Appoint eligible persons in accordance with civil service laws, rules and
regulations, and this Act;

16. Delegate the powers vested under this Act to the Deputy Directors General;
and

17. Perform such other functions as may be mandated by law, or as may be
delegated by the SOH or the President.

ARTICLE V
RESPONSE ACTION

SEC. 12, Response Cascade. — In case of public health emergencies due to biological,
chemical, and toxic events:

(a) The CDC shall, through the CHE, prepare and disseminate to the public and

private sector the relevant technical information and guidance;

(b) | The DOH shall, through the PHSMB, develop operational and intersectoral

strategies guided by the strategies and standards developed by the CDC;

(c) The DOH shall, through its regional offices, work closely with CDC,

through its regional CDCs to immediately respond to the public health
emergency. When necessary, the DOH shall tap into the DRRM system to
effectively respond to public health emergencies;

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(d) The CHL shall activate the public health laboratory response network and
continuously provide guidance for core laboratory programs in quality
management, laboratory medicine and safety and security programs, laboratory
information management and surveillance, research and development and
training:

(c) The CES shall certify to the veracity of the official data to be used as basis
for response and for public reporting, and provide standards and overall
guidance to the BOQ for the institution of disease surveillance at all points of
entry and exit;

(f)The National Telecommunications Commission and any telecommunications
entity as defined under RA No. 7925 or the “Public Telecommunications Policy
Act of the Philippines,” shall provide location information of patients or persons
suspected of contracting a disease upon request of the CDC: Provided, That the
CDC shall ensure confidentiality of such information;

(g) _ The Secretary of Health may undertake the following functions in case of
public health events;

1) Hiring, transfer, and deployment of health personnel:

2) Implementation of whole-of-government and whole-of-society public health
emergency preparedness and response in cooperation with the Department of
the Interior and Local Government, LGUs, and private sector;

3) Strict enforcement and augmentation of border control and surveillance in
coordination with the Department of Foreign Affairs, DOH-BOQ, Bureau of
Immigration, Philippine Ports Authority, Department of Agriculture, and
Bureau of Customs;

4) Commissioning of research in coordination with DOST;

5)Promotion of the treatment of, vaccination, or immunization against a
contagious disease, compelling the isolation or quarantine of persons who are
unable or unwilling, for reasons of health, religion, or conscience, to undergo
immunization or treatment: Provided, That the guidelines for the exercise of
such power shall be formulated in coordination with the Department of
Justice;

6)Decontamination of any facility or decontamination or destruction of any

material when the CDC reasonably suspects that such facility or material may
endanger public health, subject to just compensation;

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7)Issuance and enforcement of measures for safe handling and disposal of
human and animal remains; and

8)Requiring any health or funeral facility authorized by law to perform such
services as are reasonable and necessary to respond to a public health
emergency.

ARTICLE VI
SPECIAL POWERS / AUTHORITY TO ENABLE RESPONSE

SEC. 13. Authority for Other Professions to Administer, Dispense, and
Provide Commodities for Public Health Emergencies. - In addition to
physicians, other health and allied medical professionals such as pharmacists and
midwives who are duly trained by the DOH or its authorized representatives may
dispense and administer commodities considered as vital for public health
emergencies with special authorization or regular certificate of registration from
the FDA notwithstanding any law to the contrary.

SEC. 14, Issuance of Special Regulatory Authorizations. — Pursuant to Section
4 of Republic Act No. 3720, or the “Food, Drug, and Cosmetic Act”, as amended
by Republic Act No. 9711 or the "Food and Drug Administration (FDA) Act of
2009," the FDA shall be given authority to issue special authorizations for
commodities for public health emergencies, Provided, That:

(a) Based on the totality of available scientific evidence, including data from
adequate and well-documented controlled trials, it is reasonable to believe that
the health product may be effective to prevent, diagnose, or treat the diseases of
concern;

(>) The potential benefits of the health product when used to diagnose, prevent,
‘or treat diseases of concer outweigh the known and potential risks, if any; and

(c) There is no adequate, approved, and available alternative to the health
product for diagnosing, preventing, or treating disease/s of concern.

In the event that the declared public health emergency is lifted, special
authorizations issued by the FDA shall have provisional validity for a period of
one year (1) from the date of lifting of the declaration for the sole purpose of
exhausting remaining supplies.

Distribution and administration of unauthorized commodities for public health
emergency shall be prohibited.

SEC. 15, Health Technology Assessment and Evidence Review. — The
requirement for a Health Technology Assessment (HTA) shall not be a prerequisite

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to procurement of commodities for public health emergencies as an exemption to
Section 34 of the RA 11223. Further, the HTA shall not be required for:

(a) Donated health products;

(b) Unregistered commodities for public health emergency which are qualified
for compassionate use according to the guidelines set by the FDA; and

(c)  Repurposing or stock realignment of commodities for public health
emergencies that have already been procured by the DOH, LGUs, private sector
entities: Provided, That repurposing or stock realignment shall be in accordance
with the indication of its use as approved by the FDA.

The DOH, FDA, Health Technology Assessment Council (HTAC), and other
relevant offices shall, without need for notice or demand, immediately provide
each other with any and all information, including proprietary submissions of data
by manufacturers, traders, distributors, or other sources, for the purpose of
expediting the review of the evidence, product authorization or registration, and
the appropriate release of recommendations and supporting policies: Provided,
That a non-disclosure agreement among all parties involved shall be executed and
enforced prior to the sharing of the said information.

SEC. 16. Procurement of Commodities and Services for Public Health
Emergencies by the DOH. - The DOH and authorized parties such as the LGUs
and private entities shall be allowed to procure commodities for public health
emergencies that are recommended by any of the following:

(a) WHO;
(b) HTAC;

(c)  DOH-approved clinical practice guidelines or interim guidelines; or
(d) Similar emergency authorizations from other stringent NRAs.

For the purposes of this provision, the DOH and authorized parties may
immediately enter into alternative modes of expedited procurement with United
Nations agencies, international organizations, or international financing
institutions and their operational arms, such as the WHO, United Nations Office
for Project Services, and United Nations Children's Fund, subject to the rules and
policies set by the DOH.

Section 88 of Presidential Decree No. 1445, as amended, otherwise known as the
“Government Auditing Code of the Philippines”, and any law to the contrary
notwithstanding, the DOH may disburse funds as advance payment if required by

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the manufacturer, trader, or distributor: Provided, That the authority to advance
payment shall be for the procurement of commodities for public health
emergencies and to secure other goods and services necessary for their storage,
transport, deployment, and administration.

Distribution and administration of unauthorized commodities for public health
emergencies shall be prohibited.

SEC. 17. Donation of Excess Supply of Commodities. — In case of an excess
supply of commodities as may be determined by the DOH, the DOH may donate
them to other LGUs, bureaus, agencies, instrumentalities, or private entities. The
national government, led by the DFA, in coordination with the DOH, may also
donate the excess supply to other countries: Provided, That the DOH, DBM, and
Commission on Audit shall issue separate operational guidelines that set forth
expedited procedures to facilitate the receipt and acceptance of any donations
pursuant to this provision, any law to the contrary notwithstanding.

SEC. 18. Authority to Direct the Operations of Private Establishments During
Public Health Emergencies. — The President, during public health emergencies,
may direct the operations of any privately-owned establishment including, among
others, hospitals and medical and health facilities, passenger vessels, and other
private enterprises, to perform functions and provide support services for public
health emergency response, including housing health workers serving in
quarantine areas, quarantine centers, medical relief and aid distribution locations,
or other temporary medical facilities, and ferrying health, emergency, and frontline
personnel: Provided, That the management and operation of such establishments
shall be retained by the owners: Provided, further, That reasonable compensation
for any additional damage or costs incurred by the owner or the possessor of the
subject property solely on account of complying with the directive shall be given
to the person entitled to the possession of such private properties or businesses after
the conditions have stabilized or at the soonest time practicable.

SEC. 19. Transition to Regular Authorization. — For this purpose, the FDA shall
be given authority to develop specific guidelines on the transition of the regulatory
authorization of commodities for public health emergencies from special use
authorization to regular certificate of registration. This is in consideration of the
time needed to process applications and to avoid a monopoly by a single supplier
of health products for public health emergencies. The granting of a regular
certificate of registration by the Philippine FDA to the first brand deemed suitable
for such registration shall not immediately revoke all other special authorizations
granted by the FDA to other brands, any law to the contrary notwithstanding:
Provided, That once the DOH and the FDA had determined that the suppliers
granted with regular certificate of registration have enough capacity to supply the
country’s projected needs, all other special authorizations issued shall be deemed
revoked by this Act, without prejudice to their holders completing the process to

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obtain a regular certificate of registration: Provided, further, That remaining stocks
covered by a special authorization that has been revoked pursuant to this provision,
but which still have a valid shelf life, shall either be donated to a country where its
use is still authorized by its NRA, or held in storage until it is disposed of
appropriately upon the termination of its shelf-life.

SEC. 20. Autho: for Other Professions to Administer, Dispense, and
Provide Commodi for Public Health Emergencies. — In addition to
physicians, other health and allied medical professionals such as pharmacists and
midwives who are duly trained by the DOH or its authorized representatives may
administer, dispense and provide commodities for public health emergencies with
special authorization or regular certificate of registration from the FDA.

SEC. 21. Immunity from Liability. - Notwithstanding any law to the contrary,
program implementers, public officials and employees, health care workers and
non-health care workers, whether public or private who are authorized to carry out
and are actually carrying out the public health emergency response shall be
immune from suit and liability under Philippine laws with respect to all claims
arising out of, related to, or resulting from the administration or use of commodities
and counter measures under the public health emergency response and in the
discharge of the authorized person’s official duties, except those arising from
willful misconduct and gross negligence.

The members of the FDA and the National Adverse Events Following
Immunization and its regional counterparts during the conduct of monitoring for
probable adverse effects from the commodities for public health emergency shall
similarly enjoy the privileges given under this section, unless the said members’
actions are tantamount to gross negligence or willful misconduct.

ARTICLE VIII
MISCELLANEOUS PROVISIONS

SEC. 22. Intergovernmental Collaborative Activities. - The Secretary of
Foreign Affairs and the SOH are jointly mandated to review and recommend to the
CDC multilateral and bilateral agreements which the country may adopt to
strengthen its collaborative mechanisms with other countries.

SEC. 23. Transitory Provision. - The CDC shall, in coordination with the DOH
and LGUs, craft a multi-year plan to ensure the timely implementation and
progressive realization of this Act. To this end, the multi-year plan shall include:

@) Phased expansion of the capacity of the CDC to cover other health
conditions or threats in view of the needs of the Philippine health sector;

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(b) Requiring that every province and city-wide health system have full-time
DSOs, without prejudice to the need for the designation of DSOs in
municipalities when necessary;

(c) Establishing Sub-National Laboratories and Regional Public Health
Laboratories;

(d) Emergency funding and procurement of commodities and hiring during
public health emergencies; and

(e) Establishment of infrastructure and acquisition of parcels of land to
house the national offices under the CDC.

The DOH shall, upon coordination with CDC, submit the funding requirements
with corresponding annual targets for the implementation of the multi-year plan to
the DBM and concerned agencies, for the determination of appropriate national
budget allocation: Provided, That in relation to their devolved functions under the
UHC Act and other existing laws, LGUs shall appropriate the necessary funds to
ensure the proper implementation of this Act.

SEC. 24, Modernization Program. — The Director General shall, in consultation
with the DOH and other concerned agencies of government and the private sector,
develop a modemization program that will strengthen the human health resource
of the CDC, which is the key component of the country's disease prevention and
control policy. The modernization program shall include the acquisition and
upgrading of appropriate technologies, laboratories, facilities, equipment, other
needed resources, and the needed relocation and acquisition of additional land or
location that would house the CDC

Within one hundred eighty (180) days from the effectivity of this Act, the Director
General shall, upon the recommendation of the DOH and DBM Secretaries, submit
the modernization program for the consideration and approval of Congress.

‘The modernization program shall be implemented over a period of five (5) years.
‘The funding of which shall be included in the annual General Appropriations Act
(GAA).

SEC. 25. Authority to Solicit, Negotiate, and Receive Donations, Grants, Gifts,
Legacies, Endowments, and Contributions. - The CDC may solicit, negotiate
with, and receive from any public or private domestic or foreign sources legacies,
gifts, donations, grants, endowments, contributions or other transfers of ownership
and/or possession of real or personal properties of all kinds for use in its operations
such as the upgrading of its facilities, equipment outlay, human resource
development and expansion, and the acquisition of the appropriate office space to
improve the delivery of its services to the public.


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The Director General shall be authorized to retain, without need of a separate
approval from any government agency, and subject only to existing accounting and
auditing rules and regulations, all the legacies, gifts, donations, grants,
endowments, contributions which shall be deposited and maintained in a separate
account or fund in addition to the annual budget of the CDC which may be used or
disbursed directly by the Director General for the purpose of which the fund was
originally intended.

The Director General shall likewise be authorized to retain other transfers of
ownership and possession of real or personal property of all kinds solicited,
negotiated, and received by the CDC under this Act and other laws that it is
mandated to administer based on the immediately prior year of operations.

SEC. 26. Tax Exemptions. — Donations, grants, gifts, endowments, legacies, and
contributions used actually, directly and exclusively for the purpose of the CDC
shall be exempt from the donor's tax and the same shall be considered as allowable
deduction from gross income for purposes of computing the taxable income of the
donor, in accordance with Sec. (H)(2)(a) of the National Internal Revenue Code of
1997, as amended. Likewise, such other transfers of ownership and/or possession
of real or personal properties of all kinds shall be exempt from all taxes.

SEC. 27. Annual Report. - The CDC shall submit to Congress and the Office of
the President an annual report containing an evaluation of the current and emerging
threats to health in the country and the progress made with respect to IHR
commitments and the initiatives undertaken to address these, and
recommendations for legislation, if necessary.

SEC. 28. Appropriations, — The amount necessary for the initial implementation
of this act shall be charged against the current year appropriations of the offices
and agencies concemed. Thereafter, the funding requirements for the ensuing years
shall be included in the annual General Appropriations Act.

SEC. 29. Implementing Rules and Regulations. ~ The DOH shall promulgate
the necessary implementing rules and regulations within ninety (90) working days
from the effectivity of this Act.

SEC. 30. Separability Clause. — If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shall not
be affected thereby.

SEC. 31. Repealing Clause. - All laws, decrees, orders, rules and regulations,

other issuances, or parts thereof, inconsistent with any provision of this Act, are
hereby repealed or modified accordingly.

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1 SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days after its
2 publication in the Official Gazette or in a newspapers of general circulation.

Approved,

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