.' 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
13 
JUL -3 P6 :35 
Introduced by Senator FERDINAND R. MARCOS, JR. 
, 
'\ , 
EXPLANATORY NOTE 
The life of a terminally-ill patient can still be meaningful and comforting 
even in the face of a seemingly insurmountable trial, with the support of family 
and friends, and with a comprehensive palliative treatment and attention, 
thereby making the journey through life well-lived and consoling. 
The World Health Organization explained the concept of palliative care 
for patients with serious medical condition: 
"Effective 
palliative 
care requires a 
broad multidisciplinary 
approach that includes the family and makes use of available community 
resources; it can be successfully implemented even if resources are 
limited. It can be provided in tertiary care facilities, in community health 
centres and even in children's homes. 
xxxx 
Palliative care improves the quality of life of patients and families 
who face life-threatening illness, by providing pain and symptom relief, 
spiritual and psychosocial support to from diagnosis to the end of life and 
bereavement. Palliative care: 
• 
provides relief from pain and other distressing symptoms; 
• 
affirms life and regards dying as a normal process; 
• 
intends neither to hasten or postpone death; 
• 
integrates the psychological and spiritual aspects of patient 
care; 
• 
offers a support system to help patients live as actively as 
possible until death; 
• 
offers a support system to help the family cope during the 
patients illness and in their own bereavement; 
• 
uses a team approach to address the needs of patients and 
their families, including bereavement counselling, if indicated; 
• 
will enhance quality of life, and may also positively influence the 
course of illness; 
. 
• 
is applicable early in the course of illness, in conjunction with 
other therapies that are intended to prolong life, such as 
chemotherapy or radiation 
therapy, 
and includes 
those 
investigations needed to better understand and manage 
distressing Clinical complications." 
(http://www.who.int/cancer/palliative/en!) 


This legislative measure proposes that all govemment and private 
hospitals and health centers shall provide palliative care and end of life services 
to all patients with life-threatening illness. 
Provinces, cities and municipalities 
shall jointly establish community-based hospice units and palliative care centers 
in their respective jurisdiction. 
Under this bill, that immediate family members or relatives who actually 
look after or take care of a critically-ill patient, shall be entitled to a 
compassionate care leave benefit of sixty (60) days a year with full pay, whether 
in public or private employment sector. 
A Palliative Care Trust Fund is likewise proposed to be established 
exclusively for the financial support and assistance for the medical needs of 
indigent patients. Indigent patient who needs palliative and end of life care 
who has no money or property sufficient and available for food, shelter and 
basic necessities for him/her and his/her family, shall be eligible for assistance in 
payment for the palliative care treatment. 
Through this legislative initiative, it is hope that that the burden of the 
family of a terminally-ill patient be alleviated through the comprehensive and 
competent palliative treatment for their sick loved-one. 
For the record, this bill was first filed in the 14th Congress by former Senate 
President Aquilino Q. Pimentel, Jr., who was inspired by the noble idea of 
Canadian Senator Sharon Carstairs, who introduced this commendable 
concept in her country. It is now being re-filed with the hope that the approval 
of this measure will be finally be given a positive light. 
Hence, approval of this bill is hereby earnestly requeste 
1 
D R. MARCOS, JR. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. NO. 417 
.£Vrnntl' 
ll)ff';r !If l~" i!>r,wtor4! 
'13 
,JUl --3 P 6 :35 
Introduced by Senator FERDINAND R. MARCOS~ JR. 
AN ACT PROVIDING PALLIATIVE AND END OF LIFE CARE, 
APPRORIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the, 
Philippines in Congress assembled: 
SECTION 1. TITLE. This Act shall be known as "The Palliative and End of Life 
Care Act of 2013". 
SECTION 2. DECLARATION OF POLICY. The State guarantees the right of 
the people to quality health care. It is likewise mandated by the Constitution to 
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 even to patients suffering from life 
threatening and degenerative diseases. The services aim to improve the quality 
of life of the patients and their families, and as far as practicable, alleviate their 
physical, emotional. psychosocial. and spiritual distress. 
Palliative care and end of life services include, but not limited to the 
following: 
1. Pain management; 
2. Support to terminally-ill patients to live as best as possible a 
comfortable life; 
3. Prolong as far as practicable, the life span of critically-ill patients 
through therapies, such as chemotherapy, radiation, and other natural 
or altemative methods of healing; 
4. Provide support and counseling to the families of terminally-ill patients, 
especially in times of distress and bereavement; 
5. Integrate physiological, emotional and spiritual assistance to patients 
and their families 
6. Enhance the quality of life of the patients and their families. 
SECTION 3. 
Mandatory Palliative Care and End of Life Services. 
All 
government and private hospitals and health centers shall provide palliative 
care and end of life services to all patients with life-threatening illness. 
Provinces, cities and municipalities shall jointly establish community-based 
hospice units and palliative care centers in their respective jurisdiction. 


SECTION 4. 
Education and Training of Health Care Professionals and 
Volunteers. 
Physicians, 
nurses, 
midwives, 
social 
workers, 
pharmacists, 
occupational therapists, nutritionists, private volunteers, caregivers, or members 
of religious 
community shall 
undergo multi-disciplinary education and 
specialized training with respect to an integrated and coordinated approach 
towards palliative and end-ol-life care support services. 
SECTION 5. Continuing Research. There shall be a continuing research 
and collection of data on palliative and end-of-life care. The public shall have 
access to good health data, including, socioeconomic issues of palliative and 
end-of-life care, including the physical, mental and economic impact on the 
patients, their families and informal caregivers. 
SECTION 6. Compassionate Care Leave Benefits. Notwithstanding any 
law, rules and regulations to the contrary, immediate family members or 
relatives who actually look after or take care of a critically-ill patient. shall be 
entitled to a compassionate care leave benefit of sixty (60) days a year with full 
pay, whether in public or private employment sector. 
Employees availing of this leave privilege shall submit to their employers 
the following: 
1. Name of patient - relative undergoing palliative treatment; 
2. Copy of Medical Abstract of the patient-relative; 
3. A Certification from the hospital or hospice providing palliative services 
to a critically-ill patient. and 
4. The nature of the care that are required of them under the 
circumstances. 
SECTION 7. Disqualification from Leave Benefits. The following employees 
shall not be allowed to avail of this leave: 
1. Those who are absent from work without official leave; 
2. Those who are on vacation, sick, forced or study leave; 
3. In times of emergency, those whose services are necessary to prevent 
loss of life or damage to property, brought about by serious accidents, 
fires, floods, typhoons, earthquake, epidemic or other disasters. 
SECTION 8. Establishment of Palliative Care Trust Fund. A Palliative Care 
Trust Fund, hereafter referred to as the Fund, is hereby established exclusively for 
the financial support and assistance lor the medical needs of indigent patients. 
Indigent patient who needs palliative and end of life care who has no money or 
property sufficient and available for food, shelter and basic necessities for him 
and his family, shall be eligible for assistance in payment for the palliative care 
treatment. 
The Fund shall be subject to the following; 
(a) The contribution to the Fund shall be sourced from the following: 
(1) The amount of Fifty million pesos (P50,000,000.00) shall be 
allotted in the annual General Appropriations Act (GAA) for the 
next five (5) years starting from the enactment of this law; 


(2) The amount of Fifty million pesos (P50,000,000.00) shall be taken 
from 
the 
Philippine 
Amusement 
and 
Gaming 
Corporation 
(PAGCOR) fund at Five million pesos (P5,000,000.00) per month for 
ten (10) months; 
(3) Another amount of Fifty million pesos (P50,000,000.00) shall be 
taken from the Philippine Charity Sweepstakes Office (PCSO) at Five 
million pesos (P5,000,000.00) per month for ten (10) months; 
(4) Ten percent (10%) of the health budget of all local govemment 
units shall be contributed annually to such fund .. 
(b) Only the interest drawn from the Fund from sources cited in Section 9 
(a1), (a2) and (a3) shall be awarded as grants to qualified patients;; 
(c) The grants can be awarded only after one (1) year from the 
organization of the Fund. 
(d) Government-owned and/or controlled corporations are authorized to 
give grants to the Fund at their discretion; 
(e) Private donations and other conveyances including funds, materials, 
property and services, by gratuitous title are also allowed and 
encouraged under this Act; 
(f) Contributions to the Fund shall be exempt from the donor's tax and the 
same shall be considered as allowable deductions from the gross income 
of the donor, in accordance with the provisions of the National Internal 
Revenue Code of 1997, as amended. 
SECTION 9. The Palliative Care Assistance Board. There is hereby created 
for every province, city or municipality a Palliative Care Assistance Board 
hereinafter referred to as the Board. The Board shall be composed of five (5) 
members who shall be Chaired by the Governor or the Mayor of the local 
government concerned. 
The other four (4) members of the Board shall be composed of (1) a 
representative froIT) the Department of Health; (2) the Chair of the Committee 
of Health of the Sangguniang concerned; (3) a representative of the, opposition 
party or parties in the Sangguniang concerned; and (4) a representative of the 
families or family organizations mentioned in Article XV (3 [4]) of the Constitution. 
The members of the Board shall serve for a term of three (3) years: 
Provided, That no member shall serve for more than (2) consecutive terms. 
The members of the Board shall serve and continue to hold office until 
their successors shall have been appointed and qualified. Should the private 
representative member of the Board fail to complete his or her term, the 
successor shall be replaced by the families or family associations mentioned 
above only for the unexpired portion of the term. 
No person shall be appointed to the Board unless he or she is a citizen of 
the Philippines, at least thirty (30) years of age, and of good reputation and 
probity. 


, " 
----------- -----------------------------------
The members of the Board shall receive such per diems and allowances 
as may be authorized for every meeting actually attended and subject to 
pertinent laws, rules and regulations. 
For the sound and judicious management of the Fund, the PCAB shall 
appoint a govemment financial institution, with a sound track record on fund 
management, as portfolio manager of the Fund, subject to guidelines 
promulgated by the PCAB; and 
The PCAB shall prepare the implementing guidelines and decision-making 
mechanisms, subject to the following: 
(1) No part of the seed capital of the Fund, including earnings 
thereof, shall be used to underwrite overhead expenses for the 
administration; and 
(2) There shall be an external auditor to perform an annual audit of 
the Fund's performance. 
SECTION 10. Accreditation of Private Hospices. The Department of Health 
with the participation of the duly authorized member of families or family 
associotions mentioned in Article XV (3 [4]) of the Constitution shall promote the 
rules and guidelines for the accreditation of private hospices providing palliative 
and end of life care to patients to ensure standard quality services. 
SECTION 11. Implementing Rules and Regulation. Within ninety (90) days 
from the effectivity of this Act, the rules and regulations necessary to effectively 
implement its provisions shall be promulgated by the Department of Health with 
the assistance of the duly authorized representative of the families or family 
associations mentioned in the Constitution. 
SECTION 12. Appropriations. For the initial implementation of this Act, the 
amount of Five Hundred Million pesos (Php500,000,000,.00), in addition to the 
budget of the Department of Health, is hereby allotted. The amount shall be 
equitably allotted to the provinces, cities and municipalities to start the 
implementation of this Act. 
Thereafter, such sum as may be necessary for its 
continued 
implementation 
shall 
be included 
in 
the 
annual 
General 
Appropriations Act and shall be apportioned accordingly. 
SECTION 13. Repealing Clause. 
All laws, executive orders, rules and 
regulations or any part thereof inconsistent herewith are deemed repealed, 
modified or amended accordingly. 
SECTION 14. 
Separability Clause. 
In case any provIsion of this Act is 
declared unconstitutional or invalid, the other provisions hereof which are not 
affected thereby shall continue in full force and effect. 
SECTION 15. Effectivity. -
This Act shall take effect fifteen (15) days after 
its publication in two (2) national newspapers of general circulation. 
Approved,