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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._ 4975

Introduced by Representative LEAH S, PAQUIZ of ANG NARS Party ~ List

EXPLANATORY NOTE

‘The 1987 Constitution provides that the State shall protect and promote the right to
health of the people and instill health consciousness among them (Article II, Section
15).

Subsequently, Executive Order No. 292 entitled “The Administrative Code of the
Philippines”, mandates the Department of Health (DOH) as the agency primarily
responsible for the promotion, protection, preservation or restoration of the health of
the people through the provision and delivery of health services and through the
regulation and encouragement of providers of health goods and services (Book IV,
Title IX, Chapter I). With the enactment of Republic Act 7160, entitled “The Local
Government Code of 1991”, the provision of health services, including but not limited
to, programs and projects on primary health care, maternal and child care, and
communicable and non-communicable disease control services, was devolved to local
government units (Section 17).

Despite these provisions that gives attention to the promotion and protection of health
of the people, funds for health care have traditionally been spent more on treating the
sick than in keeping the population healthy. The DOH’s curative approach is typically
justified due to the fact that the Philippines continues to be plagued by a high
prevalence of infectious diseases which call for immediate action. However, this has
become a severe shortcoming in light of the alarming increase in the incidence of
degenerative and lifestyle diseases like hypertension, cancer, accidents, and diabetes,
which require long term investments to prevent.

Deaths from communicable diseases have exceeded deaths from non-communicable
diseases but these are equally important. However, the need to address short term
immediate health concerns, due to its nature, will always take priority over the
prevention of prospective chronic diseases. In this context, the government resources
to prevent lifestyle diseases will invariably be sacrificed to address urgent health
concerns. In the long run, as the Philippines succeeds in providing universal coverage

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in health care, the government will have to bear the costs of treating the chronic
diseases mentioned.

Furthermore, dealing with the prevention of lifestyle diseases require a “health
promotion” approach or one that empowers people to take action to improve their
health in order to reduce vulnerability and risks to ill health and disability throughout
the life cycle, especially among the poor and marginalized groups. The international
public health consensus is that the health promotion approach would involve not only
building a healthy public policy, developing of personal skills, and reorienting health
services, it would also require the creation of supportive environments and
strengthening of community actions, which in turn is greatly dependent on the
involvement of non-health sectors or the adoption of a “whole of government”
approach.

Towards this end, there is a need to mainstream health in all aspects of economic
development and create a multi-sectoral body that would promote innovative
approaches and ensure the efficient implementation of health promotion strategies.
There is also an opportunity to tap funds sourced from tobacco products in order to
create a fund that will promote investments in previously underfunded health
promotion strategies required to address longer term health concerns including social
mobilization to promote healthy behaviors.

‘Thus, the immediate enactment of this measure is respectfully urged.

wa

REP. [EAH 8. PAQUIZ
ANG NARS Party-list

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

SIXTEENTH CONGRESS,
First Regular Session

4975

HOUSE BILL NO.

Introduced by Representative LEAH 8. PAQUIZ of ANG NARS Party - List

“AN ACT ESTABLISHING A HEALTH PROMOTION FUND AND HEALTH
PROMOTION COMMISSION TO OVERSEE THE IMPLEMENTATION OF
HEALTH PROMOTION IN THE PHILIPPINES AND FOR OTHER PURPOSES”

Be it enacted by the Senate and the House of Representative of the Republic of the Philippines
in Congi mbled:

PARTI
Introductory Provisions

Section. 1. Title, - 1

rhis Act shall be known as the “Health Promotion Act of 2014”

Sec, 2. Declaration of Policy. - It is the policy of the State to protect and promote the
right to health of the people and instill health consciousness among them.

It shall also be declared the policy of the State to ensure that people are empowered
to increase control over their health and its determinants for purposes of improving
their health.

‘Toward this end, the State will provide a comprehensive and coordinated approach
for health promotion specifically by building healthy public policies, creating
supporting environments, strengthening community actions; developing personal
skills; and reorienting health services.

Recognizing the health inequities that exist, it shall be the policy of the State to be
sensitive to the needs of the youth, women, poor, elderly, disabled, and the
marginalized sectors. In view thereof, the State shall ensure coherence and

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coordination among government agencies in the development and implementation of
health promotion policies, plans and programs.

Recognizing the need to ensure that government policies, plans, programs and
projects take health impact into account, it is hereby declared the policy of the State to
systematically integrate the concept of health promotion in various phases of policy
formulation, development plans, poverty reduction strategies and other development
tools and techniques by all agencies and instrumentalities of the government.

It shall be the policy of the State to enjoin the participation of national and local
governments, civil society organizations, the academe, local communities, and the
private sector, to achieve health promotion goals.

Sec. 3, Purpose. - This act aims to:

a)

Mainstream health in public policy, plans and programs of various sectors and
government agencies;

b) Establish a Health Promotion Commission to develop a national framework for
health promotion and monitor results; and,

Establish a Health Promotion Fund to be sourced from a surcharge of 25 cents
collected from every pack of cigarettes sold.

°)

Sec. 4. Definition of Terms. ~

For purposes of this act, health promotion means any action or policy that is aimed at
mainstreaming health in all aspects of economic development, creating a supportive
environment for healthy behavior, and promoting social mobilization for health.

Required investments in health promotion refer to investments in strategies and activities
that focuses on traditionally underfunded areas of health such as but not limited to,
encouraging community action to promote healthy behaviors, introducing structural
and regulatory approaches, exploring low cost but high impact health innovations to
promote wellness, and conducting research and development towards drivers of
health such as nutrition and behavior.

Supplemental investments in health promotion include investment in strategies to create
participatory mechanisms to monitor, evaluate, and supplement current initiatives
and existng health investments.

Mainstreaming refers to the integration of policies and measures that address health
into development planning and sectoral decision-making. It is a strategy for making
health and wellness an integral dimension of the design, implementation, monitoring,
and evaluation of policies and programs in all political, economic, environmental and
societal spheres so that the right to health is protected. It is the process of assessing the
implications for health of any planned action, including legislation, policies, or
programs in all areas and at all levels.

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“Conflict of interest” shall mean any circumstance under which a person by virtue of
financial or other personal interest, past, present or potential, directly or indirectly,
may be influenced or appear to be influenced by any motive or desire for personal
advantage other than the interests of public health.

PART II
Creation of the National Health Promotion Commission of the Philippines

Sec. 5, Establishment. - There is hereby established a Health Promotion Commission,
hereinafter referred to as the Commission.

‘The Commission shall be an independent and autonomous body and shall have the
same status as that of a national government agency. It shall have its principal place
of business in Metro Manila. It shall be organized within two (2) months from the
effectivity of this Act.

‘The Commission shall oversee an integrated and comprehensive approach to health
promotion in the Philippines. It shall be the lead policy-making body of the
government, which shall be tasked to coordinate, monitor and evaluate the programs
and action plans of the government in order to ensure the mainstreaming of health
into the national, sectoral and local development plans and programs pursuant to the
provisions of this Act.

Sec. 6. Functions of the Commission. The Commission shall perform the following,
functions:

a) Develop and update the national health promotion policy framework and

action plan to ensure the mainstreaming of health in all policies as well as

strengthen social mobilization mechanisms and monitor their implementation;

Coordinate the activities of and strengthen working relationships between

government and non-government agencies involved in the implementation of

health promotion programs;

Monitor and assess implementation of laws and policies on health, including

the implementation of international conventions;

d) Recommend key development investments in specific sectors impacting health
promotion to ensure the achievement of national health goals, including but
not limited to health consciousness awareness programs, policy studies, review
of existing legislation to ensure protection of health, implementation of pilot
health promotion projects that will form the basis for policy and program
recommendations;

e) Provide mechanisms of assistance to ensure the mainstreaming of health and
ensuring the development of institutional capabilities for health
mainstreaming in government agencies, including the development of a
comprehensive long term funding strategy for health promotion;

b)

°)

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{) Convene panels of advisors and technical experts as necessary to ensure

representation of all sectors in the development of policies, programs, and

plans;

Generate income from fees and charges it may collect from performing,

complementary functions such as accredication and certification fees for

approved health promotion activities; and,

h) To exercise such other powers and functions and perform such other acts as
may be necessary or proper for the attainment of the purposes and objectives
of this Act,

8)

Sec. 7. Composition of the Health Promotion Commission. - The Commission shall
be composed of the President of the Republic of the Philippines who shall serve as the
Honorary Chairperson, and three (3) Commissioners to be selected by the President
from a list of qualified candidates recommended by the advisory board based on
qualifications set forth in this act; one of whom shall be elected as Chairperson and
the other as Vice Chairperson of the Commission.

Sec. 8, Advisory Board, - The Commission shall have an advisory board composed of
the following:

a) ‘Twenty three (23) ex-officio members from the government:

i, Secretary of the Department of Health
ii, Secretary of the Department of Agriculture
iii, Secretary of the Department of Education
iv. Secretary of the Department of Social Welfare and Development
v. Secretary of the Department of Interior and Local Government
i, Secretary of the Department of Environment Natural Resources
Secretary of the Department of Budget and Management
Secretary of the Department of Finance
. Secretary of the Department of Foreign Affairs
x. Secretary of the Department of Trade and Industry
xi. Secretary of the Department of Transportation and Communication
xii. Secretary of the Department of Public Works and Highways
xiii, Head of the Food and Drug Administration
xiv. Head of the Department of Science and Technology Food and Nutrition
Research Institute
xv. Head of the National Nutrition Council
xvi. Head of the Occupational Health and Safety Center
xvii, Head of the Philippine Institute for Traditional and Alternative Health
Care
xviii, Chairperson of the Philippine Commission on Women
xix. Chair of the National Anti-Poverty Commission
xx. Chair of the National Youth Commission
xxi. Chair of the National Commission on Arts and Culture
xxii. Director General of the National Economic and Development Authority

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xxiii. Chair of the Civil Service Commission

b) Thirteen (13) independent experts representing various fields and sectors with
expertise in public health or health promotion:
i, Education
Communication
i. Social marketing
iv, Sports
v. Dentistry
vi. Community health and other allied health services
ii, Alternative medicine experts
viii, Counsellors
ix, Women
x. Youth
xi, Poverty
xi, Law
xiii, Public administration

Ex officio members of the advisory board may appoint their respective permanent
alternate representatives who shali have the rank of an Undersecretary.

Sec, 9. Qualifications, Tenure, Compensation and Removal of Commissioners. - The
Commissioners must be Filipino citizens, residents of the Philippines, at least thirty
five (35) years of age at the time of appointment, with proven experience on health
promotion, of proven honesty and integrity, and must not have been candidates for
any elective position in the elections preceding their appointment. The
Commissioners shall be experts in public health by virtue of their educational
background, training and experience: Provided, That at least, one (1) Commissioner
shall be female.

The Commissioners shall hold office for a term of seven (7) years, without
reappointment, Of those first appointed, the Chairperson shall hold office for seven
(7) years, one Commissioner for five (5) years and the other Commissioner for three
(3) years without reappointment.

In case of a vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, furthermore, That in no case shall a Commissioner be designated in a
temporary or acting capacity: Provided, finally, That any Commissioner may be
removed from office before the expiration of his/her term for cause or due to
incapacity and in accordance with due process required by pertinent laws.

‘The Vice Chairperson and the Commissioners shall have the rank and privileges of a
Department Secretary and Undersecretary, respectively. They shall be entitled to
corresponding compensation and other emoluments and shall be subject to the same
disqualifications.

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Sec. 10. Qualifications, Tenure, Compensation and Removal of Independent
Experts & Sectoral Representatives. - The independent experts must be Filipino
citizens, at least thirty five (35) years at the time of appointment, with at least ten (10)
years experience in their field of expertise, and of proven honesty and integrity, OF
those first appointed, eight (8) shall be appointed for a term of six (6) years, while the
other rest shall be appointed for a term of three (3) years.

Experts in the field of education, counseling, law and public administration must have
a master’s degree in a related field. Experts in dentistry, community health and
alternative medicine must be licensed to practice. The IRR will contain further
qualifications as necessary to fulfill the needs of the Commission.

‘The experts shall be appointed by the Commission from a list of three nominees
submitted by the sectors or recognized group of experts in the same field within three
(3) months after the establishment of the Commission and subsequently, as needed.
They shall serve for a maximum term of six (6) years: Provided, however, That such
appointment, may be terminated by the Commission on the basis of the withdrawal
of endorsement by or recommendation of the sector or field they represent.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.

‘The implementing rules and regulations (IRR) of this Act shall contain the guidelines
for the nomination process, recall procedures and such other mechanisms to ensure
accountability of the sectoral representatives and the competence and independence
of the experts.

Sec. 11. Meetings of the Commission. - The Commission shall meet once every three
(3) months, or as often as may be deemed necessary by the Chair. The Chair may
likewise call upon other government agencies for the proper implementation of this
Act.

At the meeting of the Commission, the presence of majority of the total number of
members shall constitute a quorum, The decision of the meeting shall be by majority
of votes. In casting votes, each member shall have one vote. In case of an equality of
votes, the presiding Chair shall cast the deciding vote.

In the event that the Chairperson cannot preside the meeting, the Vice Chairperson
shall undertake such function; Provided, however, That a resolution or decision shall
be approved by the majority of the three (3) Commissioners: Provided, further, That
the Chairperson may vote any decisions of the Commission within thirty (30) days
from receipt of the same

The Commission shall maintain and preserve a complete record of its proceedings/
minutes.

Sec. 12. Meetings of the Advisory Board. - The advisory board may form
subcommittees depending on the area of focus and expertise. A quorum shall not be

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required in order to carry out technical discussions. The Commission shall ensure that
necessary provisions will be available for the meetings of the advisory board.

Sec. 13. National Strategic Framework and Program on Health Promotion, - The
Commission shall, within six (6) months from the effectivity of this Act, formulate a
National Strategic Framework on Health Promotion in consultation with the advisory
board, The Framework shalll serve as the basis for health promotion planning, research
and development, monitoring of activities, and financing, to promote healthy
behavior and shalll be aligned with the framework of the Department of Health.

‘The Framework shall be reviewed every three (3) years, or as may be deemed
necessary. The review of the Framework shall involve a participatory and interactive
process.

Sec, 14. Components of the National Strategic Framework and Action Plan on
Health Promotion. - The Framework shall include, but not limited to, the following
components

National priorities;

Health impact assessments;

Policy recommendations and draft policies;

Compliance with international commitments and guidelines;

Research and development plans;

Database development and management;

g) Interventions in education such as proposals for curriculum revisions and
modules;

h) Comprehensive advocacy and communication plan;

i) Monitoring, and evaluation protocols;

j) Intersectoral collaboration and social mobilization strategies;

k) Health promotion planning for government entities including
recommendations relating to appropriations for the cost of
implementation;

1) Geographic mapping of vulnerabilities and opportunities to promote
health;

m) Interventions in training such as guidelines for the health service sector;

n) Standards for health promotion activities and proposed accreditation
process; and,

0) Monitoring and evaluation of and related tools for mainstreaming efforts.

CROSS.

=

Sec 15. Income Retention. - The Commission is 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 fees and other charges, collected
by the Commission for certification or accreditation processes it may undertake. This
shall be used in its operations, like human resource development and expansion,
research and health impact assessment studies, to improve its ability to provide
technical assistance. This amount, which shall be in addition to the annual budget of

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the Commission, shall be deposited and maintained in a separate account or fund,
which may be used or disbursed by the Commission.

Sec. 16. Role of Government Agencies. ~All government agencies have significant
roles in mainstreaming health promotion and shall integrate specific health promotion
functions in their mandates. Particularly,

(a) The Department of Education (DepED) shall recognize physical and mental health
consciousness as a key aspect of basic education and integrate health promotion and
health risk consciousness, such as awareness of genetic disposition, into the primary
and secondary education curricula and/or subjects as well as facilitate in research and
monitoring, relating to health information and health service delivery. Public and
private schools shall devote at least 15 minutes of class time per week for health
promotion education and shall assign school nurses to provide health promotion
education in accordance with modules to be developed by experts.

(b) The Department of the Interior and Local Government (DILG) and Local
Government Academy, in coordination with the National Economic and
Development Authority (NEDA) and other concerned agencies, shall facilitate the
development and provision of a capacity building program for LGUs in health
promotion.

(©) The Department of Health (DOH) shall ensure that health promotion is provided
by all health service providers and incorporated in the health services provided. The
DOH shall ensure that sufficient resources are allotted to allow it to undertake health
impact assessments for policies coming from different sectors. It shall also ensure that
its health information management system and network shall include information
needed to undertake health promotion strategies.

(d) The Philippine Health Insurance Corporation (Philhealth) shall develop and fund
programs targeted at promoting wellness and reducing hospital admissions among
its constituents. It shall accredit providers of natural therapy and alternative or
traditional medicine practitioners and cover health care costs pertaining to holistic,
alternative or homeopathic healing.

(e) The Philippine Information Agency (PIA) shall disseminate information on health
promotion in accordance with the national strategic framework.

(f) The Department of Budget and Management (DBM) shall undertake the
formulation of the annual national budget in a way that ensures the appropriate
prioritization and allocation of funds to support health promotion-related programs
and projects in the annual program of government.

(g) The Department, of Science and Technology (DOST), through the Food and

Nutrition Center, shall promote, assist and, where appropriate, undertake scientific
and technological research and development, projections and analysis of nutrition and

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health behavior, in coordination with LGUs in priority /target monitoring sites, for the
benefit of agriculture, trade and industry and in other areas of the country’s
development; The DOST shall also submit recommendations to the Commission on
an regular basis or as soon as necessary to promote health.

(h) The Department of Social Welfare and Development (DSWD) shall include
incentives for health promotion in their social service packages.

(i) The Department of Trade and Industries (DTI) and Food and Drug Administration
(FDA) shall establish programs and allocate sufficient funds to undertake research to
evaluate the impact of unhealthy products in the market as well as for inspection and
information dissemination. They shall submit recommendations to the Commission
ona regular basis or as the need arises.

() The Department of Agriculture (DA) shall include food safety in its core mandate
and integrate in its plans and programs measures to promote healthy and safe food
including the promotion of urban gardening, and ensuring the availability and
accessibility of organic produce to consumers.

(k) The Department of Environment and Natural Resources (DENR) shall integrate
health promotion education and training on climate change programs, and shall
consult with the DOH to ensure that health impact assessments can be undertaken for
all policies proposed or supported by it.

() The Department of Public Works and Highways (DPWH) and the Metropolitan
Manila Development Authority (MMDA) shall include safety and wellness as an
integral part of its mandate and an indicator of its success, it shall develop programs
that would ensure the safety of all road users including pedestrians. It shall ensure
that its infrastructure plans include those that encourage physical activity and mental
wellness of citizens such as parks and bike lanes

(n) Government financial institutions, except Bangko Sentral ng Pilipinas (BSP), any
provision in their respective charters to the contrary notwithstanding, shall provide
preferential financial packages for health promotion-related projects. In consultation
with the BSP, they shall, within thirty (30) days from the effectivity of this Act, issue
and promulgate the implementing guidelines therefore.

The Commission shall further recommend specific means by which the concerned
government agencies may mainstream health promotion in the context of the national
strategic framework.

Sec. 17. Role of LGUs. - The local government units shall be responsible for the
formulation, implementation, monitoring, and evaluation of the local health
promotion plan in their respective jurisdiction, consistent with the national strategic
framework.

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Barangays shall be directly involved with municipal and city governments in
prioritizing health promotion issues and in identifying and implementing best
practices and other solutions. Provincial governments shall provide technical
assistance, in support of municipal and city health promotion plans.

Inter-local government unit collaboration shall be maximized in the conduct of health
promotion activities.

LGUs shall regularly update their respective action plans to reflect changing social,
economic, and health conditions and emerging issues. The LGUs shall furnish the
Commission with copies of their action plans and all subsequent amendments,
modifications and revisions thereof, within one (1) month from their adoption, The
LGUs shall mobilize and allocate necessary personnel, resources and logi
effectively implement their respective plans.

The local chief executive shall appoint the person responsible for the formulation and
implementation of the local health promotion plan, It shall be the responsibility of the
national government to extend technical and financial assistance to LGUs for the
accomplishment of their health promotion plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its
Internal Revenue Allotment necessary to implement said local plan effectively, any
provision in the Local Government Code to the contrary notwithstanding.

Sec. 18, Role of the Civil Society Organizations and the Private Sector, - The civil
society organizations (CSOs), as well as community based organizations (CBOs), play
a key role in social mobilization for health promotion which is a strategic approach to
changing health behavior. CSOs and CBOs, shall be encouraged to undertake health
promotion programs within the national framework and plan.

The private sector is encouraged to support health promotion activities of CSOs and
CBOs and to contribute to promoting and implementing the national strategy
framework and plan.

Sec. 19. Coordination with Various Sectors. - In the development and
implementation of the national framework and plan, and the local action plans, the
Commission shall consult and coordinate with the nongovernment organizations
(NGOs), organizations, academe, people's organizations, the private and
corporate sectors and other concerned stakeholder groups.

Sec, 21, Health Promotion in all Government Entities. - All government entities shall:
a. Designate focal persons to catalyze and accelerate health promotion within.

their offices;
b. Monitor health status of all personnel within their respective agencies;

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c. Submit an annual report to the Civil Service Commission on the
implementation of health promotion programs and activities in accordance
with guidelines to be issued; and,

d. Utilize budget appropriation as primary or counterpart funding to implement
health promotion plans.

The CSC shall assist in monitoring the implementation of this provision.

Sec, 22, Public Information, - Government networks shall devote an aggregate of two
(2) minutes of airtime during prime time to provide public service announcements for
health promotion within the communication plan embodied in the national
framework, The private sector, including privately owned radio/ TV networks and
websites, and cinemas are encouraged to promote effective health promotion
messages in accordance with the national plan by contributing airtime during prime
time,

PART IIL
Creation of the Health Promotion Fund

Sec. 20, Health Promotion Fund, - To implement the provisions of this Act, there is
hereby created a Health Promotion Fund, which shall be used to undertake health
promotion based ona national framework, and other activities necessary to fulfill the
objectives of this Act.

Sec 21. Source of Funds. - Beginning fiscal year 2015 and every year thereafter, a
surcharge of 25 cents from every pack of cigarettes shall be allotted for the fund. The
Bureau of Internal Revenue (BIR) shall submit an annual report of the amount that has
been collected on the first Monday of the fiscal year.

Sec, 22, Automatic Appropriation and Release of the Fund. - The amount referred to
in the preceding section shall be automatically allocated, released and directly
remitted to the Health Promotion Fund without need of any further action on a
quarterly basis, within five (5) days from the end of each quarter, and shall not be
subjected to any lien or holdback for any purpose.

Sec. 23, Authority to Receive Donations and/or Grants. - The Fund is hereby
authorized to accept grants, contributions, donations, endowments, bequests, or gifts
in cash, or in kind from local and foreign sources in support of the development and
implementation of health promotion programs and plans: Provided, that conflicts of
interests shall be avoided and that funding from tobacco industry shall be rejected,
Provided, That in case of donations from foreign governments, acceptance thereof
shall be subject to prior clearance and approval of the President of the Philippines
upon recommendation of the Secretary of Foreign Affairs: Provided, further, That
such donations shall not be used to fund personal services expenditures and other
operating expenses of the Commission.

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Sec 23. Health Promotion Fund Board. - There is hereby created a Health Promotion
Fund Board, hereinafter referred to as the Board, which shall make independent
recommendations on the use of funds to be made available by the Commission after
setting aside funds necessary for the operation of the Commission and the Secretariat
which shall not exceed twenty percent (20%) of the total fund. Recommendations of
the Board shall be approved unless vetoed by three Commissioners based on conflict
with this Act, the Framework or principles of sound fund management. The Board
shall be composed of individual experts and sectoral representatives in the advisory
board and four (4) additional members:

(a) ‘Two (2) experts from the academe and public health community;

(b) A representative from the business sector; and,

(©) A representative from civil society not affiliated with the tobacco

industry.

Board members are disqualified from accessing the fund during their term, as set by
the Commission, and a year after their tenure in the Board shall have been terminated
or completed.

Sec 24, Functions of the Board. ~ The Board shall have the following functions:

a) Provide overall strategic guidance in the management and use of the fund and
provide guidelines on the prioritization of use of the funds based on the
national framework and strategic plan;

b) Develop funding windows for various health promotion activities and identify
additional sources for the fund;

c) Evaluate and approve projects and programs relating to required investments
in health promotion;

d) Evaluate and approve for recommendation to the Commission projects and
programs relating to supplemental investments in health promotion;

e) Implement the conflict of interest policy to ensure that board members will not
vote on projects if they have an interest in;

f) Manage a seed fund for innovative health promotion initiatives at the
community level;

g) Ensure an independent third party evaluation and auditing of activities
supported by the fund, taking into consideration the principles of transparency
and accountability, and government accounting and auditing roles and
regulations; and,

h) Formulate mechanisms that ensure transparency and public access to
information regarding funding deliberations and decisions.

Sec 25, Health Promotion Secretariat. - The Commission shall designate a permanent
Secretariat and make arrangements for its functioning at its first meeting. The head of
the Secretariat shall have the authority to determine the number of staff and create
corresponding positions necessary to facilitate the proper implementation of this Act,
subject to civil service laws, rules and regulations.

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‘The Secretariat shall be appointed by the Commission based on the qualifications that
will be determined by the Commission on its first meeting. Provided that, the
Secretariat shall have the necessary expertise in communication and coordination.
Until such a time when the permanent Secretariat is established, the Secretariat
function shall be provided by the Department of Health.

The Secretariat shall hold office for a term of four (4) years, and may be reappointed,
provided he/she may not serve for more than two (2) consecutive terms.

The functions of the Secretariat shall be:

a) To make arrangements for meetings of the Commission and the Fund Board
and provide support as needed to fulfill the objectives of the Act;

b) To undertake research that will assist in the determination of priority health
promotion strategies and activities and communicate with all concerned
agencies and LGUs in the conduct and dissemination of such research;

c) To implement communication plans to ensure the promotion and visibility of
health promotion;

d) To prepare reports on its activities under the guidance of the Commission;

) To ensure, the necessary coordination with the government agencies and LGUs
and provide technical assistance to mainstream health promotion in the
agencies and LGUs;

f) To promote transparency of the Commission and the Board;

g) To promote public awareness of health promotion and accessibility of funds;

h) To enter into such administrative or contractual arrangements as may be
required for the effective discharge of its functions; and,

i) To perform other activities necessary for the effective implementation of its
functions,

Sec. 26. Funding Allocation for Health Promotion. - The fund shall be suppletory to
any annual appropriations allocated by relevant government agencies for health
promotion programs and projects and by LGUs. The fund shall encourage counterpart
funding arrangements among local governments, community organizations, the
private sector, and other entities.

Sec 27. Role of the Commission relating to the Utilization of Funds. - The
Commission shall oversee the operation of the Board and review the projects and
programs relating to supplemental investments in health promotion recommended
by the Board.

The Commission has the power to approve project proposals that have not been
reviewed by the Board based on the policies, guidelines, and safeguards, agreed by
the Board but in no case should the value of the project exceed five percent (5%) of the
total budget for operations.

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The Commission shall also develop guidelines to accredit local organizations seeking
to access the fund. Organizations will be accredited based on criteria such as
organizational independence, track record in the community and /or field of expertise,
financial management, and participatory practices.

Sec. 28, Uses of the Fund. - The fund shall be used to support the health promotion
plan and activities of the Commission such as, but not limited to:

a, Supporting inter-agency and intersectoral collaboration for preventive
measures and planning;

Promoting supportive environments that affect health;

Promoting preventive care and prevention of non-communicable diseases;
Research and evaluation of health promotion policies and strategies;

Mass media campaigns; and,

Augmenting support and resources for local health workers,

peaos

Provided further that:

a. Not more than fifteen percent (15%) of the fund shall be allocated for
operational expenses of the Secretariat and its staff;

b. Not more than ten percent (10%) of the fund shall be allocated for mass
media expenses;

c. At least five percent (5%) shall be allocated for projects to incentivize
innovative approaches to health promotion including support for
community based or civil society initiatives; and,

d, At least five percent (5%) shall be allocated for research and evaluation of
projects undertaken or approved.

‘The fund shall be suppletory to any annual appropriations allocated by relevant
government agencies and local government units for health promotion activities.

Sec 29, Community Participation. - To promote social mobilization, civil society
organizations not affiliated with the tobacco industry and other commercial interests,
shall be encouraged to tap the health promotion funds to monitor and report on health
promotion activities, to undertake health promotion activities at the community level,
and to conduct related research.

‘The Board shall receive, evaluate, and review project proposals from community-
based or civil society organizations.

Sec. 31. Audit. - All funds under the management and control of the Commission
subjected to an internal and external audit in accordance with laws and guidelines.

Sec, 32. Conflict of Interest. - Members of the Commission, the Secretariat and its staff

should not have any conflict of interest that may compromise his/her participation in
the activities or decision of the Commission.

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A member who is in any way, whether directly or indirectly, interested in a contract
or proposed contract with the Commission, Secretariat or Board must, as soon as
practicable after the relevant facts have come to his or her knowledge, declare the fact
and the nature and extent of the interest, in writing to the Chair concerned, before the
meeting and inhibit himself/herself during the deliberations when such matter is
taken up. The decision taken on the matter shall be made public and the minutes of
the meeting shall reflect the disclosure made and the inhibition of the member
concerned.

No member of the Commission, its Secretariat or the staff should have any interactions
with the tobacco industry, in accordance with existing policies of the Civil Service
Commission,

PART IV
Miscellaneous Provisions

Sec. 31, Reports. - All concerned government entities shall submit to the Commission
quarterly progress reports and annual reports of the programs and projects on health
promotion. The Commission shall consolidate the reports for submission to the
President and to both Houses of Congress on an annual basis.

‘The Commission shall also submit an annual performance report and a report on the
utilization of the health promotion fund to the President and to both Houses of
Congress.

Sec, 32. Congressional Oversight Committee. - A Joint Congressional Oversight
Committee (COC) is hereby constituted which is mandated to review the
implementation of this Act and the performance and structure of the Health
Promotion Commission and Health Promotion Fund Board after two (2) years from
its creation, The COC shall be composed of five (5) members from the Senate and five
(5) members from the House of Representatives to be appointed by the Senate
President and the Speaker of the House of Representatives, respectively. ‘The COC
shall be jointly chaired by the Chairpersons of the Senate Committee on Health and
Demography and the House of Representatives Committee on Health.

The Secretariat of the COC shall be drawn from the existing secretariat personnel of
the standing committees comprising the Congressional Oversight Committee and its
funding requirements shall be charged under the appropriations of both the House of
Representatives and the Senate of the Philippines.

Sec. 33. Implementing Rules and Regulations. - The Commission, in consultation
with the Advisory Board, shall promulgate the Implementing Rules and Regulations
(IRR) for this Act within ninety (90) days from its constitution. Failure to promulgate
the IRR shall not affect the implementation of the self-executory provisions of this Act.

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Sec, 34, Separability Clause. - If any provision or section of this Act is held invalid,
the other provisions and sections not affected thereby shall remain in full force and
effect.

Sec. 35. Repealing Clause. - All laws, presidential decrees, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

Sec. 36. Effectivity. - ‘This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation,

Approved,

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