Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. _7859

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill seeks to ensure that Filipino indigenous groups (IP) are safe and healthy as
mandated by the 1987 Constitution, United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP), and as required by their fundamental human rights.
Through this bill, the State avows to provide indigenous Filipino communities with
basic medical services and healthcare that is in harmony with their traditional and
religious practices.

Indigenous groups refer to the groups of people or homogenous societies identified
by self-ascription and ascription by others, who have continuously lived as organized
community on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed customs, tradition
and other distinctive cultural traits, or who have, through resistance to political, social
and cultural inroads of colonization, non-indigenous religions and culture, become
historically differentiated from the majority of Filipinos’.

The Philippines has an estimated 14-17 million Indigenous Peoples (IPs) mainly
concentrated in Northern Luzon (Cordillera Administrative Region, 33%) and
Mindanao (61%), with some groups in the Visayas. Members of IP communities are
some of the poorest in the country, with limited to zero access to affordable

* https://psa.gov.ph/content/indigenous-peoples-ips
“http://www.ph.undp.org/content/dam/philippines/docs/Governance/fastFacts6%20%20Indigenous%20Peop!
.€5%20in%20the%20Philippines%20rev%201.5.pdf


healthcare. Unfortunately, this is only reflective of the status of indigenous groups
worldwide.

According to the 2009 State of the World's Indigenous Peoples, “indigenous peoples
are found to suffer from poorer health are more likely to experience disability and
reduced quality of life, and ultimately die younger than their non-indigenous
counterparts.” Meanwhile, the first-ever Report on the State of the World of
Indigenous Peoples released in January 2010 revealed that IPs make up one-third of
the world’s poorest peoples, suffer disproportionately not only in healthcare, but also
in areas such as education, and human rights.

The aforementioned situation compels this Representation to take urgent steps to
protect our people in indigenous communities from health hazards and conditions,
most of which are initially preventable and easily treatable, that could be fatal without
early detection and quick treatment. This bill hereby proposes the delegation of
health workers in tribal communities within ten (10) kilometers from a barangay
center. These health workers, referred to as tribal health workers (THW) must have
undergone health care training by either government or non-governmental
organizations.

A tribal health worker is tasked to provide primary health care to members of the
tribes. He is also responsible for assisting, if needed, sick person/s to the nearest
clinic or hospital. Since primary health care may use herbal medicines that are
traditional to the tribe, the THW is mandated to establish an herbal garden in the
community.

The bill recognizes the importance of adopting health practices that respect and
incorporate the beliefs and tradition of our indigenous peoples. It also seeks to
acknowledge Article 24 of the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP) states that: (1) Indigenous peoples have the right to
their traditional medicines and to maintain their health practices, including the
conservation of their vital medicinal plants, animals and minerals. Indigenous

* nttp://www.ohchr.org/Documents/Issues/IPeoples/EMRIP/Health/AIPP.pdf


individuals also have the right to access, without any discrimination, to all social and
health services; and (2) indigenous individuals have an equal right to the enjoyment
of the highest attainable standard of physical and mental health.

Our country takes pride in its diverse and colorful population. It honors every
indigenous group that makes up our distinct identity as a nation, and endeavors that
they are not left behind in all aspects of progress. Through this bill, we shall ensure
that government welfare services are inclusive and responsive to all — most
especially to those who need it the most.

In light of the foregoing premises, the passage of this bill is earnestly sought.

LUIS mio F/ VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

House BILL No. 7859

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
STRENGTHENING THE HEALTHCARE SYSTEM IN CULTURAL AND
INDIGENOUS COMMUNITIES BY INSTITUTIONALIZING THE TRAINING AND
EMPLOYMENT OF TRIBAL HEALTH WORKERS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. —- The Act shall be known as the Tribal Health Workers Act
of 2018.”

SECTION 2. Statement of Policy and Objectives. - The Philippine Constitution of
1987 provides that the State shall adopt an integrated and comprehensive approach
to health development which shall endeavor to make essential goods, health and
other social services available to all people at affordable cost. It is also the policy of
the State to provide cheap and affordable quality medicine and medical services to
citizens in far-flung areas and indigenous communities

SECTION 3. Definition of Terms. — As used in this Act, the following words and
phrases shall be defined as:

a) Barangay Health Worker — RA 7883 defines barangay health workers as a
person who has undergone health care training programs in any accredited
government or non-government organization and who voluntarily renders
primary health care services in the community after having been accredited to
function as such by the local health board in accordance with the guidelines
promulgated by the Department of Health (DOH)

b) Tribal Health Worker — refers to members of ICC have undergone health care

training by either government or non-government organizations and renders

voluntary health care in the tribal community.


SECTION 4. Tribal Health Workers. — All tribal communities which are located
about ten (10) kilometers from a barangay center are qualified to have tribal health
workers. The number of families in a community will determine the number of THW
in that community — One (1) tribal health worker for every 30 families.

SECTION 5. Selection and Training of Tribal Health Workers. — The tribal Chief
shall appoint, in accordance with the traditions of the tribe, the tribal health worker
and submit his name to the local health board who in turn, shall register the
appointed tribal health worker. The local health board will furnish a copy of the list of
tribal workers to the DOH which shall maintain a national list of tribal health workers.

SECTION 6. Responsibilities of tribal health workers. — The THW is responsible
for providing primary health care to members of the tribes. He is also responsible for
assisting, if needed, sick person/s to the nearest clinic or hospital.

Since primary health care may use herbal medicines that are traditional to the tribe,
the THW is mandated to establish an herbal garden in the community. The
barangay, LGU, the municipal LGU and the CENRO of the DENR are hereby
required to provide assistance to the THW in establishing such herbal garden.

SECTION 7. Benefits of Tribal Health Workers. — Similar to the Barangay Health
Workers who are provided with a number of benefits under RA 7883, the THW are
granted the following incentives and benefits:

a) Free health care insurance and hospitalization - The THW shall be provided
with free PhilHealth Insurance. In addition, the THW shall be entitled to free
hospitalization in case of work related sickness or injury. The Department of
Social Welfare and Development (DSWD) shall provide the insurance and
bear the expenses of the hospitalization of the THW. The DWSD shall work
closely with the local health boards in granting these benefits to the THW,
particularly in identifying those who are entitled to such.

b)

Educational benefits - The TWH is entitled to free tuition in public high
schools and universities. Should the THW not be able to avail of this
incentive, he is allowed to transfer this benefit to any one of his/her legitimate
children. This benefit can only be availed by active THWs.

°)

Continuing training — The DOH shall be responsible for providing the
continuing training for the THW on new and emergency primary health care
management as well as new and emerging herbal medicines.

d)

Free legal services - The Public Attorney's Office shall provide free legal
advice to the THW if there are occasions that the latter needs one; provided,
however, that the occasion arises from or in connection with the exercise of
his duties and responsibilities as THW.

SECTION 8. Rules and Regulations of this Act. — The DOH, DSWD, DILG, and
DENR shall be responsible for the formulation of the Implementing Rules and
Regulations of this Act which shall be formulated within one hundred eighty (180)
days upon its approval.


SECTION 9. Separability Clause. - |f any provision of this Act is declared invalid,
the remainder or any provisions of this Act is not affected thereby shall remain in
force and in effect.

SECTION 10. Repealing Clause. — All laws, executive orders, proclamations, and
other presidential issuances which are inconsistent with this act shall be deemed
amended or modified accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,