Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House Bill No. _7274

9.
RECEIVED z
BATE:AUS 05 20; a

Introduced by Representative PAUL R. DAZA

EXPLANATORY NOTE

COVID-19 has indeed shown all countries in the world that the most vulnerable area in
the public domain is the health sector. Nevertheless, it is also an area that provides a lot of
potential for bayanihan and pagmamalasakit.

Certainly, COVID-19 is tough but it also motivates us to revisit our public health systems
One of the more glaring realities that we are facing is the lack of medical- and health-trained
professionals. This is aggravated by the fact that most if not all professional licensure
examinations and continuing education system are indefinitely postponed.

A source of hope is the promising potential of the wealth of talents and skills that we
already have. For example, more than 1,500 medical school graduates are waiting to complete
their licensure examinations this year (PRC as cited in Aguilar, 2020)'. Meanwhile, an estimate
of 26,000 nurses graduate from our schools annually (POEA & CHED as cited in Lopez &
Jiao, 2020)2 While brain drain in the medical sector is still a serious concern—and we need to
look into that sooner than later—our medical and health graduates are definitely our most
important wealth especially at this critical time

Meanwhile, serious pandemics and emergencies impact employment. The immediate
employment of healthcare workers will then partly address economic difficulties. In fact, the
International Labor Organization has highlighted that interventions “for economic reactivation
should follow a job-rich approach,” anchored on a “stronger employment policies and
institutions, better-resourced and comprehensive social protection systems.”

Aguilar, K. (2020, 3 Mar). 1,500 medical graduates eyed to help combat coronavirus menace. Available at
https://newsinfo.inquirer.net/1246881 /tolentino-wants-to-waive-licensure-exam-of-medicine-graduates

? Lopez, D. & Jiao, C. (2020, 24 Apr). Supplier of World's Nurses Struggles to Fight Virus at Home. Available at
httos://www.bloomberg.com/news/articles/2020-04-23/philippines-sends-nurses-around-the-world-but-
lacks-them-at-home

3 international Labor Organization (2020, Apr). As job losses escalate, nearly half of global workforce at risk of losing
livelihoods. Available at
https://www.jlo.org/global/about-the-ilo/newsroom/news/WCMS_743036/lang--en/index.htm

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Given the urgent requirements for healthcare workers as well as the benefit of
‘employment-based approach to the country’s economic recovery program, it is then necessary
that the government provides mechanisms—such as a Medical Reserve Corps system—that
will allow us to employ new graduates and other qualified professionals in the medical fields.
Moreover, a Medical Reserve Corps system will ultimately help promote a culture of
nationalism, patriotism, and volunteerism—values which are critical to recovery and nation-
building.

Indeed, the Filipino soul is capable of genuine bayanihan and pagmamalasakit.

The immediate enactment of this proposed legislation is then earnestly sought.

de
Saree Oa

Represenfative, 1* District of Northem Samar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House Bill No.2274

Introduced by Representative PAUL R. DAZA

AN ACT INSTITUTING THE MEDICAL RESERVE CORPS, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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 “Medical Reserve Corps Act
of 2020.” i

Section 2. Statement of Policy. — It shall be the policy of the State to:

recognize and institutionalize the essential role of medical and health personnel
and volunteers in nation building;

b. promote and protect their physical, moral, spiritual, intellectual, and social well-
being;

build their capacity based on the current frameworks of national and territorial
defense, law enforcement and peace and order, and national disaster risk reduction and
management;

4. prepare them for immediate mobilization at the soonest possible time in order
to respond to national and/or local contingencies, which may require manpower beyond the
capabilities of existing national government agencies or local government units; and

encourage culture and values of volunteerism, patriotism, and nationalism

through involvement in public and civic affairs including medical- and health- related services

during emergencies and pandemics.

Section 3. Medical Reserve Corps. ~ There is hereby established a Medical Reserve
Corps (MRC), which shall be composed of resident Filipino citizens who:


(@ have degrees in the fields of medicine, nursing, medical technology, and other
health-related fields but who have not yet been issued respective licenses and/or awaiting
licensure examinations in their respective professions;

(©) are medical reservists of the Armed Forces of the Philippines (AFP); and

(© public health experts, scientists, and non-medical volunteers trained for health,
emergencies, and other necessary services.

Section 4. Medical Reserve Corps Mobilization. — In times of national emergencies,
pandemics, and other contingencies, the members of the MRC may be called upon and
mobilized to assist the national government, its agencies and instrumentalities, and the local
government in functions related to the medical and health needs of the public.

(@ The mobilization shall be initiated by the Secretary of Department of Health
(DOH), in coordination with the Secretaries of the Department of National Defense (DND),
Department of Education (DepEd), and Department of Interior and Local Government (DILG),
or their duly authorized representatives with a rank of at least Undersecretary.

(©) On regular basis and during periods of national emergencies and other
contingencies, the MRC shall be called for retraining to maintain and enhance its personnel’s

level of competency and readiness for public service.

Section 5. Request for Deployment. — The members of MRC shall be called upon and
mobilized to assist the national government, its agencies and instrumentalities, and local
government units in their functions related to the medical and health needs of the public through
requests for deployment by the heads of such national government agencies or local
government units submitted to the DOH. The requests shall contain information as may be
required by the DOH, including the nature of the national or local contingencies to be
addressed, the purpose of the requested deployment, the number of personnel requested to be
deployed, and the period of deployment.

Section 6. Evaluation of the Request for Deployment. ~ The DOH shall evaluate the
requests for deployment.

(a) If the number of personnel requested does not exceed one hudred and fifty (150)
and the period of deployment does not exceed sixty (60) days, the DOH shall decide whether
to approve or disapprove the request within twenty-four (24) hours from receipt thereof.

(b) If the number of personnel requested exceeds one hundred and fifty (150) or the
period of deployment exceeds sixty (60) days, the DOH shall make a recommendtion to the
Office of the President (OP) within twenty-four (24) hours from receipt of the request. The


OP shall decide whether to approve or disapprove the request within twenty-four (24) hours
from receipt of the recommendation of the DOH.

(0) In case of the approval of the request for deployment, the DOH shall issue an Order
of Deployment requiring the MRC, or a number thereof, to assist the national government, its
agencies and instrumentalities and the local government units in their functions related to the

medical- and health-related needs of the public.

Section 7. Deployment in Case of a Declaration of a State of War, State of Lawless
Violence or State of Calamity. — In case of a declaration of a state of war, state of lawless
violence, or a state of pandemic or calamity, the DOH may motu propio recommend the
mobilization of the MRC to the President of the Philippines. The President of the Philippines,
by himself, shall also have the power to order the mobilization of the MRC to respond to
national or local contingencies related to external and territorial defense, internal security and
peace order and/or disaster risk reduction management.

Section 8. Mobilization Centers. — There shall be established in each province and city
as many mobilization centers as needed according to the number and geographical distribution
of the MRC, where they will report in case of deployment.

In case of mobilization, the equipment of the MRC shall be supplied in close
coordination with the DOH and other national agencies and offices, with the end in view of
achieving immediate mobilization.

Section 9. Expenses of Deployment. — Upon deployment, the national government
agency or the local government unit to which the MRC is deployed shall shoulder the
operational expenses of deployment.

Section 10. Operationalization of Deployment, - The DOH shall promulgate the
specific mechanisms by which deployment is effiently implemented, including the organization
of the Corps to be deployed, their territorial assignments, how deployment orders are
communicated to each member of the MRC and to which mobilization center they will report.
MRC members shall be supervised by licensed professionals unless during extreme cases or
emergencies where their immediate response will help save lives.

Section 11. Protection covered by labor, occupational, environmental, and social
legislation. All MRC members shall be accorded protection as provided by existing labor laws

and standards and other relevant occupational, safety, environmental, and social legislation.


Section 12. Legal liability and malpractice insurance. No MRC member shall be liable
for the death of or injury to any person or for the loss of, or damage to, the property of any
person where such death, injury, loss, or damage was proximately caused by the circumstances
of an actual emergency, pandemic, or its subsequent conditions, or the circumstances of the
formal exercise or training if such formal exercise or training simulates conditions of an actual
emergency.

(a) The Insurance Commission is mandated to work with insurers to develop
pandemic- and emergency-specific malpractice insurance policy or modify existing policies
that would protect MRC professionals” efforts from any legal liability as provided for by this
Section and allow them to respond in good faith during emergencies and pandemics.

(b) This section shall not preclude liability for civil damages as a result of gross
negligence, recklessness, or willful misconduct.

Section 13. Identification, Serial Numbers, and Registry. ~ Upon completion of their
respective degrees, the graduates shall be issued individual serial numbers, which will serve as
their identification in case of deployment.

(a) An MRC Identification Card that describes the certification information of Corps
members, as well as other identifying information determined necessary by the DOH, shall be
issued unless such an ID card becomes redundant with the issuance of the Philippines
Identification System ID (PhilSys ID).

(b) The DOH shall maintain and update a registry/database containing the names of the
members of the Corps, their serial numbers, address, contact details and such other information
as the DOH may determine, in accordance with any applicable privacy laws. For this purpose,
all public and private colleges, universities and learning unstitutions are hereby mandated to
annually transmit their records of the graduates covered under this Act to the DOH, in the form
as may be determined by it.

(©) All graduates covered under this Act are required to update their addresses and
contact details on file with the DOH as often as necessary. Orders of deployment sent to the
addresses and/or through the contact details on file with the DOH shalll be sufficient notice for
purposes of deployment.

(d) In cases when a graduate has changed address immediately prior to deployment, his
nearest LGU (barangay) shall immediately exert efforts to locate his/her known closest resident
kin (within the same barangay), who is then mandated to exert similar efforts. The use of digital

communications and social media shall be encouraged in locating such graduates.


Section 14. Termination of Deployment. Upon the expiration of the requested period
of deployment, without an extension having been requested and approved by the DOH, the
Corps shall be discharged of his/her duties. The deployment may also be terminated earlier
upon a determination by the DOH, in consultation with the requesting national government
agency or local government unit, that such deployment is no longer in accordance with the
objectives and purposes of this Act.

Section 15. Effect on Employment. — Deployment of employees in accordance with
the provisions of this Act shall not be a ground for dismissal or diminution of any benefit
enjoyed by such graduates prior to their deployment. The members of the Corps shall continue
to be entitled to their regular wage or salary (based on their current employment or contractual
arrangement) during their deployment. In the case of project-based or contractual employees,
fees and benefits in their current or prevailing contracts shall still apply, with the deployment
not causing undue disadvantage or economic losses (¢.g., if a graduate’s project contract is 12
months and the deployment lasted for six months, then he/she is still entitled to a work tenure
of six months in the same project).

Section 16. Volunteerism, Other qualified Filipino citizens and professionals shall be
accorded all means possible to allow then to render voluntary services under this Act.

(@) Professionals whose licenses recently expired or expired prior to or during a
declared emergency or pandemic may voluntarily be admitted to the Corps, upon approval of
PRC. They shall also be issued individual serial numbers, which are differentiated from
unlicensed Corps members.

(b) The Commission on Higher Education (CHED) and Technical and Skills
Development Authority (TESDA) shall work with relevant universities, colleges, and schools
to ensure that the provisions of this Act shall be incorporated in any relevant subject or course
in medical- and health-related fields of study.

(© Medical reservists and professionals (including those who are not currently
practicing health-related assignments) of the Armed Forces of the Philippines (AFP) and
Philippines National Police (PNP) shall be encouraged to join the roster of MRC particularly
when the health system is already experiencing a critical lack of personnel.

(@) Other public health experts, scientists, and non-medical volunteers trained for
health emergencies and other necessary services shall also be encouraged to join the MRC
roster.

(©) Civil servants who opted to join the MRC roster shall continue enjoying their

‘compensations and benefits as provided for in this Act. Private citizens who were


unemployed prior or became unemployed due to a pandemic or emergency and who voluntarily
joined the roster (but not qualified for compensation as provided by Section 15) shall be
qualified to a fair compensation including an allowance for transportation and food (up to three
meals a day if warranted by the duration of their work shifts).

Section 17. Effect on Licensing and Licensure Examination. Deployment of
personnel in accordance with the provisions of this Act shall entitle them to applicable credits
or equivalency system in the Continuing Professional Development (CPD) system.

(a) The Professional Regulation Commission (PRC) in coordination with DOH shall be
mandated to issue the necessary guidelines for this provision.

(b) Even with the MRC system in place, PRC, in consultation with relevant agencies
such as the DOH, shall be mandated to conduct medical- and health-related licensure
examinations even during or immediately after any pandemic or emergency situation—
whether face-to-face or online—at the earliest possible time provided that the conduct of
examinations shall guarantee the establishment of strict measures that will ensure protection of
both examinees and examiners from health and environmental risks.

Section 18. Medical Reserve Corps Fund. — A Medical Reserve Corps Fund is hereby
established exclusively for the implementation of the objectives and purposes of this Act. The
Office of the President shall monitor and evaluate the activities and the balances of the Fund.
All costs related to the implementation of MRC (unless provided for in Section 9) including
procurement of insurance policies as provided for in this Act shall be chargeable to this Fund.

Section 19. School Fees. — Public colleges, universities and similar learning institutions
covered by Republic Act No. 10931, otherwise known as the Univeral Access to Quality
Tertiary Education Act, shall not collect any fee from and charges pertinent to their education
and training in said colleges, universities and other similar institutions.

Section 20. Annual Reports. - The DOH shall regularly publish an annual report
containing a list of its accomplishments, status of its operations, number and demography of
its Medical Reserve Corps, and assessment of readiness for mobilization for the year concerned.
The annual report shall also include the results of audit investigation on the spending of funds
appropriated, collected, or advanced for the implementation of the provisions of this Act.

Section 21. Appropriations. ~ The Medical Reserve Corps Fund shall be included in

the annual General Appropriations Act.


Section 22. Audit of Funds. — Audit of any and all funds used through the
implementation of this Act shall be in accordance with the audit jurisdiction of the Comission
on Audit, the Bureau of Internal Revenue, and the Department of Health, under existing laws
and regulations

Section 23. Penal Provisions; Failure to Respond. ~ Failure to respond to the order of
deployment despite notices sent to the address and/or contact details in file with the DOH
without justifiable reason shall, upon conviction by a civil court, be punishable as follows:

I. First offense: One hundred and twenty (120) hours of community service:
2. Second offense: Two hundred and forty (240) hours of community service; and

3. Third and Subsequent Offenses: Six (6) months imprisonment and four hundred and
eighty (480) hours of community service.

Section 24. Disciplinary and Corrective Proceedings. — Administrative offenses
committed by persons involved in or in relation to the implementation of this Act, shall be
subject to administrative penalties in accordance with the applicable civil service rules or the
rules and regulations of PRC, as the case may be.

Section 25. Discipinary and Corrective Proceedings. - The DOH shall be tasked to
formulate and approve the necessary rules and regulations to implement the objectives and
purposes of this Act within thirty (30) days from irs effectivity. The rules and regulations shall
include provisions on the structure and organization of the MRC, the specific mechanisms for
the efficient mobilization and deployment of the Corps, and such other matters as the DOH
may deem necessary or essential to fully implement the objectives and purposes of this Act.

Section 26. Repealing Clause. — All laws, orders, rules and regulations and other
issuances, or parts thereof, which are inconsistent with this Act are hereby repealed, amended
or modified accordingly.

Section 27. Separability Clause. — Any provision of this Act declared unconstitutional
shall not affect the validity of the other provisions thereof.

Section 28. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of national circulation.

Approved,