Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5083

HOUSE BILL NO.

Introduced by BAYAN MUNA Representative CARLOS ISAGANI T. ZARATE

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF BASIC
HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT UNITS (LGUs),
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES:

EXPLANATORY NOTE

This bill seeks to bolster the government's delivery of health services to the Filipino people
and improve access to quality healthcare by returning the devolved health care delivery
system to the national government

Article II, Section 15 of the 1987 Constitution states clearly that the State shall protect and
promote the right to health of the people and instill health consciousness among them. The
collective health of the people affects and hyper-extends the success or failure of government
in attaining human and socio-economic development

Further, the World Health Organization (WHO) Alma Ata Declaration in 1978, of which the
Philippine government is a signatory, reiterates that health is a fundamental human right and
explicitly states that “the attainment of the highest possible level of health is a most important
world-wide social goal”

The devolution of government’s healthcare delivery system via Republic Act No. 7160,
otherwise known Local Government Code of 1991, has given rise (0 various problems,
especially in terms of access to quality healthcare. The latest available figures show that 67
percent of Filipinos die without having any medical attention. In 1990, this figure was at 59
percent,

Such problems persist and are largely borne by the majority of the country’s population, who
are poor and cannot afford health services. With the continued implementation of the same
policies in health through the government's health reform program, the people’s access to
important health services is increasingly becoming more difficult as public health facilities
are privatized and the cost of health services increasing beyond the reach of many poor
patients.

1


‘The number of public hospitals decreased from 1,794 in 1999 to 1,361 in 2005, and most of
the public hospitals that closed down were district hospitals. The number of Rural Health
Units also decreased, from 2,335 in the mid-1990s to 1,879 in 2001

‘The lack of adequate budget for health has also aggravated the situation. For the past 1 years,
the health budget has declined by about 40 percent. But instead of decisively resolving this
crisis, the national government's health budget allocation has remained far below the World
Health Organization (WHO) recommended 5 percent of the Gross National Product,

As a result, public hospitals have been left to fend for themselves. For example, patients and
employees of the Corazon Locsin Montelibano Regional Hospital in the Negros Province

report on the hospital's “no bed, no admission policy”. ‘This policy refers to the “adjustments”
resorted to by the hospital management to solve its bed capacity problem. Many patients

bringing their own beds are normal sights in the corridors of the said hospital.

Moreover, public hospitals now variously charge even the indigent patients: such as
emergency room fee, out-patient department fee, operating room fee, among others. As a
matter of policy, the DOH has allowed up to 20% increases in hospital fees and charges for
services previously provided for free

Based on the data from IBON Foundation, the budget for health, nutrition and population
control are alarmingly decreasing since devolution. In provinces. the share of the said item in
2001 stood at 20% of their total income and expenditures but went to 14% of total income
and 16% of total expenditures in 2008. In municipalities, the share of the said item in total
income and expenditures went down by 23% and 15%, respectively.

Health care must be made accessible, affordable, and appropriate to the needs of the people.
The public health care delivery system must be strengthened. Preventive health care and
public health must be given emphasis. Health care infrastructure (hospitals and equipment)
must be improved.

Ultimately, collective action and political will remain vital in bringing about meaningful
social changes that will redound to the people’s benefit. Your eamest support to this endeavor
can, in a very literal sense, save lives.

‘This Bill is a major step to address the fatal flaws of the decentralization of health services, In
order to have a comprehensive and integrated health care delivery system as mandated by the

Constitution of the Republic of the Philippines the urgent approval of this bill is earnestly
recommended.

Approved.

Bayan Muna Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5083

HOUSE BILL NO!

Introduced by BAYAN MUNA Representative CARLOS ISAGANI T. ZARAT

AN ACT
REVERTING TO THE NATIONAL GOVERNMENT THE DISCHARGE OF BASIC
HEALTH SERVICES DEVOLVED TO LOCAL GOVERNMENT UNITS (LGUs),
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Title. This act shall be known as the “Renationalization of Health Services and
Facilities Ach of 2017”

SECTION 2. Declaration of Policy. It is the declared policy of the State that it shall protect
and promote the right to health of the people and instill health consciousness among them.
Further, the State shall endeavor to make essential goods, health and other services available to

all the people at affordable cost.

SECTION 3. Objectives. ‘The objectives of this Act are:

4) to prevent the further deterioration of government health services and facilities and reverse
the negative trend brought about by devolution;

b) to provide all essential health services to the people, especially the sick, the poor and
marginalized sectors of societ

©) to improve and uplift the morale, social, and economic well-being of health workers.

SECTION 4. Renationalization. All health services and facilities devolved to the local
y lized or returned to the auspices of the national
government. ion for the purpose of this Act shall mean the reversion to the
al government of the discharge of basic health services devolved to local government units
which shall include the control, supervision, management and maintenance of health
, personnel and health services.



For this purpose, the following provision of the Local Government Code of 1991 (RA7160), are
hereby deleted and declared no longer enforceable and effective:

Section 17 (b) paragraph (1) (i), paragraph (2) (ii), paragraph (3) (iv), and (4) for health services
only:

Section 102 (a) (1),(2),(3),0) (1), 2), and @)s
Section 103) (a) and (b); Section 104;
Section 105; and

Other related provisions of the Local Government Code that pertain to devolved health services
and facilities.

‘TRANSITORY PROVISIONS.

SECTION 5. Appropriations, - The amount necessary for the initial implementation of this
‘Act shall be Php 60 billion and added to the appropriations of the Department of Health

‘Thereafter, such sums as may be needed for its continued implementation shall be included in
the Annual General Appropriations Act, specifically five (5) percent of the country's projected
Gross National Product (GNP), as recommended by the World Health Organization (WHO),
are allocated for the continued operation and maintenance of all the government hospitals at the
national, regional, provincial, distect, city, and municipality levels and shall be included in the
annual budget of the Department of the Health in the General Appropriations Act of every year.

FINAL PROVISIONS

SECTION 6. Separability Clause. The provisions of this Act are hereby declared to be
separable and, in the event of any such provisions are declared unconstitutional, the other
provisions which are not affected thereby shall remain in force and effect.

SECTION 7. Repealing Clause. All provisions in laws, decrees, memoranda, circulars, orders
and other rules and regulations inconsistent with this Act shall be deemed amended or repealed
if the inconsistency is irreconcilable.

SECTION 8. Implementing Rules and Regulations. The implementing rules and regulations
(IRR) of this Act shall be promulgated by the Department of Health (DOT) with cepresentatives
from the local government units, the relevant professional health associations and health sector
organizations and shall be drawn up within three months after the approval of this Act. Failure
of the DOH to promulgate the IRR within the period required in this Act shall subject the
Secretary of Health to administrative sanction,

SECTION 9. Effectivity. This Act shall take effect fifteen days
the Official Gazette or in a national newspaper of general circulation.

5) days after publication in

Approved,