SIXTEENTH CONGRESS OF 
) 
THE REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
" 
SENATE 
\ 
S.B. NO. 2450 
Introduced byS~nator Loren Legarda 
'14 
NOV 11 
P 3 :34 
AN 
ACT 
PROMOTING 
MENTAL 
HEALTH, 
PROMULGATING 
A 
NATIONAL 
MENTAL 
HEALTH 
POLICY 
TOWARDS 
THE 
ENHANCEMENT OF INTEGRATED MENTAL HEALTH SERVICES, 
PROTECTION OF PERSONS UTILIZING MENTAL HEALTH SERVICES 
AND ESTABLISHMENT OF A PHILIPPINE MENTAL HEALTH COUNCIL 
EXPLANATORY NOTE 
In a survey conducted by the Department of Health among 327 
government employees in Metr9 Manila, 32% were found to have 
experienced mental health problems. Almost one per 100 households 
(0.7%) has a member with mental disability (DOH-SWS, 2004). As early 
as 2003, intentional self- harm was already found to be the 9th leading 
cause of death among 20-24 years old Filipino adults (DOH 2003). The 
incidence of suicide in males increased from 0.23 to 3.59 per 100,000 
between 1984 and 2005 while rates rose from 0.12 to 1.09 per 100,000 
in females (Redaniel, Dalida and Gunnell, 2011). Individuals with chronic 
mental illness, children, overseas Filipino workers and those in areas of 
armed conflict have higher risk of getting mental health problems. 
Further adding to the woes of those afflicted with mental health illnesses 
is the shortage in qualified mental health professionals. At present there 
are only an estimated 490 psychiatrists and 1000 nurses working in 
psychiatric. care, and even less general practitioners trained in early 
assessment and management of common mental health problem in the 
community. 
The number of addiction 
specialists, 
psychologists, 
occupational therapists, guidance counselors and social workers are 
extremely inadequate to meet the mental health needs of the 100 million 
Filipinos. 
There are two mental hospitaJs, 46 outpatient facilities, four day 
treatment facilities, 19 communit:Y-based psychiatric inpatient facilities 
and 15 community residential (custodial home-care) facilities for the 
whole country. Almost all mental health facilities are in major cities, 
while the only mental hospital in the Natidnal Capital Region houses only 
4,200 beds. 
This bill seeks to integrate mental health services into the national 
health system in order to meet the needs of those who lack access to 
readily-available, affordable and equitable mental health care, especially 
the poor. It proposes to create the Philippine Council for Mental Health 
as an attached agency of the Department of Health, to provide a rational 
. and unified response to mental health problems, concerns and efforts 


• t 
through the formulation and implementation of the National Mental 
Health Care Delivery System. 
For the reasons cited, the passage of the Bill is earnestly requested. 
====---~ -
~-.:;;;:;",:::-
::::;:;;~:::;:::::== 
LOREN-r:EGARDA 
Senator 
\ 


"-
SIXTEENTH CONGRESS OF 
\ 
) 
THE REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
"! 
SENATE 
S.B. NO. 2450 
Introduced by Senator Loren Legarda 
'14 
NOV 11 
P 3 :34 
RECEIVED BY:~ 
I 
-
AN 
ACT 
PROMOTING 
MENTAL 
HEALTH, 
PROMULGATING 
A 
NATIONAL 
MENTAL 
HEALTH 
POLICY 
TOWARDS 
THE 
ENHANCEMENT OF INTEGRATED MENTAL HEALTH SERVICES, 
PROTECTION OF PERSONS UTILIZING MENTAL HEALTH SERVICES 
AND ESTABLISHMENT OF A PHILIPPINE MENTAL HEALTH COUNCIL 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
1 
SECTION. 1. Short Title. This Act shall be known as the 
2 
"Philippine Mental Health Act of 2014". 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
SEC. '2. Declaration of Policy. It is hereby declared the policy of 
the State to uphold the basic right of all Filipinos to mental health and to 
respect the fundamental rights of people who require mental health 
services. As enshrined in the Universal Declaration of Human Rights, the 
International Covenant on Economic, Social and Cultural Rights, and the 
International 
Covenant 
on 
Civil 
& 
Political 
Rights, 
the 
State 
acknowledges that persons Witft\ mental disabilities have the right to 
equality and non -discrimination, \ dignity and respect, privacy and 
individual autonomy, information and participation. The State further 
recognizes that people with mental disabilities by virtue of the nature 
"! 
and/or severity of their illness, have specific vulnerabilities and therefore 
need special care appropriate to their needs and based on nationally and 
internationally-accepted standards. 
The State recognizes its obligations as a State-Party to the UN 
Convention on the Rights of Persons with Disabilities under Article 4 of 
the present Convention "to ensure and promote the full realization of all 
human rights and fundamental freedoms for all persons with disabilities 
without discrimination of any kind on the basis of disability". Likewise, 
1 


1 
the State aligns itself with the UN General Assembly resolution 46/119 of 
2 
December 17, 1991, on the Principles For The Protection Of Persons With 
3 
Mental Illness And The Improvement Of Mental Health Care which lays 
4 
down the policies and guidelines for the protection from harm of persons 
5 
with mental disabilities and the improvement of mental health care. 
6 
Through the passage of this Philippine Mental Health Act the State 
7 
commits to the promotion and protection of the rights of the person with 
8 
mental health needs and the belief that addressing their profound social 
9 
disadvantage enhances their significant contribution in the civil, 
10 
political, economic, social and cultural spheres. 
11 
" \ 
12 
SEC 3. Objectives. This Act\~eeks to: 
. 
\ 
13 
(a) Ensure a community of Filipinos who are mentally healthy, able 
14 
to contribute to the development of 'the country and attain a better 
15 
quality of life through access to ah integrated mental health care system 
16 
that responds to mental health needs of Filipinos in equity with their 
17 
physical health needs. 
18 
(bl 
Protect the rights and freedoms of persons with mental health 
19 
needs and the reduction of the burden and consequences of mental ill-
20 
health, mental and brain disorders and disabilities. 
21 
(c) 
Provide the direction for a coherent, rational, and unified 
22 
response to the national mental health issues. 
23 
24 
SEC. 4. Definition of Terms. The following terms, as used in this 
25 
Act, shall mean the following: 
26 
(1:\) 
"Mental health" refers to a state of wel1-being in which every 
27 
individual realizes his or her own potential, can cope with the normal 
28 
stresses of life, can work productively and fruitfully, and is able to 
29 
make a contribution to her or his community. 
30 
31 
(b) 
"Mental 
illness" 
refers 
to 
mental 
or 
psychiatric 
disorder 
3.2 
characterized by the existence of recognizable changes in the 
33 
thoughts, feelings and geperal behavior of an individual brought 
34 
about by neurobiological and/or psychosocial causes manifested by 
35 
;behavioral symptoms with associated mental and/ or emotional 
36 
conditions. 
" 
37 
(cl 
"Psychosocial problem" ref~rs to a condition that indicates the. 
2 


\ 
I 
, 
1 
existence of recognizable disturbances in an individual's behavior, 
2 
thoughts and feelings brought about and closely related to sudden, 
3 
extreme or prolonged stressors in the physical or social environment. 
4 
(d) 
"Patient" refers to a person receiving/utilizing mental health care 
5 
and treatment or psychosocial intervention from a mental health care 
6 
facility or clinic. 
7 
(e) 
"Legal representative" refers to a 
substitute decision-maker 
8 
charged by law with the duty of representing a patient in any specified 
9 
undertaking or of exercising specified rights on the patient's behalf. 
10 
The legal representative may also be a person appointed in writing by 
11 
the patient to act on his behalf unless the patient lacks mental 
12 
capacity, or otherwise fails to appoint a legal representative in writing, 
13 
in which case the legal representative shall be taken to be in the 
14 ' 
following order: 
15 
i. the spouse, if any, unless permanently separated from the 
16 
patient as rendered by a Court of competent jurisdiction, or has 
17 
deserted or has been deserted by the patient for any period which 
18 
has not come to an end; or 
19 
ii. sons and daughters over the age of eighteen (18) years; or 
20 
iii. either parent by mutual consent; or 
21 
iiii. a person appointed by a decree of a Court to represent the 
22 
patient. 
'-... 
23 
(f) 
"Mental health profession~" refers to a person with formal 
24 
education and training in mental health and behavioral sciences such 
25 
as but not limited to, a psychiatrist; psychologist, psychiatric nurse or 
psychiatric social worker. 
, 
26 
27 
(g) 
"Mental health worker" refers to a trained volunteer or advocate 
28 
engaged in mental health promotion and services under the 
29 
supervision of a mental health professional. 
30 
(h) 
"Allied professional" refers to any trained or certified non-
31 
psychiatric physician, social worker, nurse, occupational therapists, 
32 
recreational therapist, counselor, priest, minister, pastor, nun, 
33 
trained or certified non-psychiatric individual or non- physician. 
34 
(i) "Mental disability" refers to impairments, activity limitations and 
35 
individual and, participatory restrictions denoting dysfunctional 
36 
aspects of interaction between an individual and his environment. 
37. 
(j) "Mental or psychological incapacity" is the inability to: 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
(k) 
i. understand the information given concerning the nature of 
the disorder; 
ii. understand the consequences that his /her decisions and 
actions have for their own life or health and for the life and 
health of others, which may be serious and irreversible; 
iii. understand that treatment might mitigate or remedy the 
condition and that lack of treatment might aggravate it; 
" 
iv. understand 
informati~n about the nature of treatment 
proposed, including the means of treatment, its direct effects 
and its possible side effects; 
v. effectively communic2ltte with others regarding their condition 
and their consent to treatment or hospitalization. 
The carer shall be a person who mayor may not be the person's 
next of kin or relative who maintains a close personal 
relationship with the patient and manifests concern for his 
welfare. 
"Psychiatric Emergencies" are conditions which may present a 
18 
serious threat to a person's well-being or that of others, and require 
19 
immediate psychiatric interventions, such as attempted suicide, acute 
20 
intoxication, severe depression, acute psychosis, or violent behavior. 
21 
(1) 
"Discrimination on the basis of disability" means any distinction, 
22 
exclusion or restriction on the basis of disability which has the 
23 
purpose or effect of impairing or nullifying the recognition, enjoyment 
24 
or exercise, on an equal basis with others, of all human rights and 
25 
fundamental freedoms in the political, economic, social, cultural, civil 
26 
or any other field. It includes all forms of discrimination, including 
27 
denial of reasonable accommodation. 
28 
29 
SEC. 5. Rights of Persons with Mental Health Needs. Without 
30 
prejudice to anything provided in this Act and unless prevented by law, 
31 
persons with mental health needs shall have the right to: 
32 
33 
34 
35 
36 
37 
(a) 
Exercise all their inherent civil, political, economic, social, 
religious, 
educat:r~nal and cultural rights respecting 
individual qualities l abilities and diverse backgrounds 
and without any discrimination on grounds of physical 
disability, age, gender, sexual orientation, race, colour, 
" 
. 
language, religion or national or ethnic or social origin of 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
the patient concerned; 
Receive treatment of the same quality and standard as other 
individuals; 
Receive treatment which addresses holistically their needs 
through a multidisciplinary care plan approach; 
Receive treatment in the least restrictive environment and in 
the least restrictive manner; 
Receive care primarily in the community; 
After-care 
and 
rehabilitation 
when 
possible 
III 
the 
community so as to facilitate their social inclusion; 
Be adequately informed about the disorder and the 
mUltidisciplinary services available to cater for their needs 
and the treatment options available; 
Actively 
participate 
In 
the 
formulation 
of 
the 
multidisciplinary treatment plan. 
SEC. 6. Right to Therapeutic Environment. The State through 
its authorized agencies shall ensure conditions for a safe, therapeutic 
environment wit~sufficient privacy in mental health 
and hygienic 
facilities. 
22 
SEC. 7. Prohibition on T<K'ture and Cruel Treatment. The State 
23 
through its authorized agencies shall ensure that all public and private 
24 
mental health institutions are protecting the rights of patients against 
25 
cruel, inhuman and degrading and/ or torture. It shall prohibit forced or 
26 
inadequately remunerated labor by patients within mental health 
27 
institutions. This does not include activities justified as part of an 
28 
accepted therapeutic treatment. 
29 
30 
SEC. 8. Prohibition on Solitary Confinement. The use of solitary 
31 
confinement shall be prohibited. 
32 
33 
SEC. 9. Respect for Human Rights. The Commission on Human 
34 
Rights is authorized to conduct inspection of all places where psychiatric 
35 
patients are held for involuntary treatment or otherwise, to ensure full 
36 
compliance with domestic and international standards governing the 
37 
legal basis for treatment and detention, quality of medical care, and 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
living standards, and to ensure that no patients therein are treated in a 
manner less than humane or are victims or torture and other cruel, 
inhuman and degrading treatment. 
" 
SEC. 10. Alternatives to In~,titutionalization. The Department of 
Health, as the primary duty-bearer, shall develop alternatives to 
institutionalization, especially community-based treatment, in particular 
~ 
with a view to receiving persons discharged from hospitals. Such 
alternatives should meet the needs expressed by persons with mental 
disorders and respect the autonomy, choices, dignity and privacy of the 
person concerned. 
13 
SEC. 11. Complaints and Investigation. The Department of 
14 
Health, Commission on Human Rights or Department of Justice shall 
15 
receive all complaints of improprieties and abuses in mental health care 
16 
and shall initiate appropriate investigation and action. 
17 
The patient / legal representative shall be entitled to a competent 
18 
counsel of his own choice. In case he cannot afford one, he/she will be 
19 
assisted by the Public Attorney's Office or any legal aid institution of 
20 
choice. 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
SEC. 12. Oversight and Quasi-Judicial Procedures. The State 
shall mandate the appointment of a Focal Commissioner on Mental 
Health under the Philippine Council for Mental Health with the following 
functions and duties: 
(a) Promote and safeguard the rights of persons utilizing mental health 
services and their carers; 
(b) Review any policies and make such recommendations to any 
competent authority to safegu\~ or to enhance the rights of such 
persons and to facilitate their soci~ inclusion and wellbeing; 
(c) Investigate any complaint alleging breach of patient's rights and take 
any subsequent action which ]Jlay be'required to protect the welfare of 
33 
that person; 
34 
(d) Investigate complaints about any aspect of care and treatment 
35 
provided by a licensed facility or a healthcare professional and take any 
36 
decisions or make any recommendations that are required; 
37 
(e) Conduct regular inspections, at least annually, of all licensed facilities 
6 


1 
to ascertain that the rights of patients and all the provisions of this Act 
2 
are being upheld. During such visit he shall have unrestricted access to 
3 
all parts of the licensed facility and the right to interview in private any 
4 
consenting patient in such facility; 
5 
(I) Report any case amounting to a breach of human rights within a 
6 
licensed facility to the appropriate competent authority recommending 
7 
the rectification of such a breach and take any other proportional action 
8 
he deems appropriate; 
9 
(g) Report to the appropriate competent authority any health care 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
professional for breach of human rights or for contravening any provision 
of this Act and this without prejudice to any other proportional action 
that he may deem necessary to take; 
(h) Prepare an annual report of activities to be submitted to the 
Department of Health. 
In the performance of his func~s, the Focal Point Commissioner on 
Mental Health shall consult with Healthcare professionals, service users 
and carers, and other relevant stakeholders 
" 
SEC. 13. Duties of Health Authorities. Health authorities shall 
have the following duties: 
(a) Ensure that guidelines and protocols for minimizing restrictive care 
are established. 
(b) Inform patients of their rights. Every patient, whether in voluntary or· 
involuntary treatment, should be fully informed about the treatment 
to be prescribed and the reason for recommending it and given the 
opportunity to refuse treatment or any other medical intervention. 
Informed consent must be sought from all psychiatric patients at all 
times except in instances of mental or psychological incapacity as 
defined in Section 3 of this Act. 
(c) Ensure that any involuntary medical treatment and restraint, 
physical or chemical, for those with mental disorder can only be used 
to the extent strictly necessary under the following conditions: 
i. 
Psychiatric emergencies; 
ii. 
That the treatment without consent and restraint is at the 
order of an attending physician whose orders must be 
reviewed as soon as possible and not to exceed one month by 
a qualified psychiatrist; 
7 
" \ 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(d) 
". 
iii. That the decision to \subject to involuntary treatment is 
resorted to only when all other means of control have been 
attempted and failed. 
iv. That such a 
decisi~n is overseen by the head of the 
institution/medical or mental health facility strictly following 
approved guidelines which include clear criteria for regulating 
the application and termination of such Dinterventions; 
v. 
Only for the shortest possible period of time as assessed by a 
psychiatrist or attending physician on supervision by a 
psychiatrist. 
vi. 
Recorded and subjected to regular external independent 
monitoring; and 
Must certify that the patient who has been subject to any 
14 
intervention without consent has been debriefed as soon as the 
15 
mental condition meaningfully permits it and he / she and legal 
16 
guardian/substitute decision-maker must have access to the medical 
17 
record. 
18 
(e) 
19 
(f) 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
(g) 
Must keep a register on involuntary treatment and procedures. 
Must ensure that the rights, will and preferences of the patient are 
respected as far as possible. A legal representative/substitute 
decision-maker shall: 
i. 
Be allowed only for reasons of mental incapacity following 
established judicial procedures; 
ii. Apply for the shortest time possible; 
iii. Be free of conflicts of interest and undue influence from family 
" 
. 
, 
members or the institu~on where. the person is treated or 
others; 
iv. Be subject to regular .review 'by a competent, independent and 
impartial authority or jmlicial body; 
v. Be overseen by an independent monitoring body; 
vi. Be subject to appeal by the person or a trusted next of kin. 
Must ensure that families or other primary carers are entitled to 
33 
information about the person with a mental disorder unless the 
34 
patient refuses the divulging of such information. 
35 
(h) 
Must involve family members or other primary carers in the 
36 
formulation and implementation of the patient's individualized the 
37 
treatment plan. 
8 


1 
(i) 
Must make transparent and accessible to the person affected, its 
2 
family and to the public in general the decision to apply involuntary 
3 
treatment must be as this is an essential factor for building and 
4 
maintaining mutual confidence. 
5 
(j) 
Must mandate the creation of an appropriate body which will 
6 
ensure compliance with the requirements and procedures provided by 
7 
this act. 
8 
(k) 
Must provide the patient under treatment and hospitalization 
9 
without consent access to an independent mechanism of complaint 
10 
and compensation 
for 
any inappropriate treatment 
provided. 
11 
Complaints mechanisms mus~ 
12 
i. 
Be designed in a marlj'er that is sensitive to the particular 
I 
13 
needs of the patient; 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
ii. 
iii. 
iv. 
Provide the individual with the necessary assistance to lodge 
a 
complaint, and lhe complaint mechanism must be 
empowered to inquire effectively and independently into the 
circumstances leading to the complaint; 
Be mandated to initiate disciplinary sanctions or pass the 
case to the prosecuting authorities with a view to initiating a 
criminal investigation against a person or persons found 
guilty of misconduct; 
Ensure that complaints are dealt with in a speedy manner. 
24 
SEC. 14. Philippine Council for Mental Health. The Philippine 
25 
Council for Mental Health, hereinafter referred to as the Council, is 
26 
hereby established as an attached agency under the Department of 
27 
Health (DOH), to provide for a coherent, rational and unified response to 
28 
mental health problems, concerns and efforts through the formulation 
29 
and implementation of the National Mental Health Care Delivery System. 
30 
31 
32 
33 
34 
35 
36 
37 
SEC. 15. National Mental Health Care Delivery System. The 
National Mental Health Care Delivery System shall constitute a quality 
mental health care program, through the development of efficient and 
effective structures, systems and mechanisms, that will ensure equitable, 
accessible, affordable, appropriate, efficient and effective delivery of 
mental health care to all its stakeholders by qualified, competent, 
" 
compassionate and ethical men\al health professionals and mental 
9 


1 
health workers. 
2 
SEC. 16. Duties and Functions. The Council shall exercise the 
3 
following duties with regard to Mental Health Education and Information 
4 
as a health service: 
5 
(a) Review and formulate policies and guidelines on mental health 
6 
issues and concerns; 
7 
(b) Develop a comprehensive and integrated national plan and 
8 
program on mental health; 
9 
(c) Conduct regular monitoring and evaluation in support of policy 
10 
formulation and planning on mental health; 
11 
(d) Promote and facilitate collaboration among sectors and disciplines 
12 
for the development and implementation of mental health related 
13 
programs within these sectors; 
14 
(e) Provide over-all technical supervision and ensure compliance with 
15 
policies, programs, and projects within the comprehensive 
16 
framework of the National Mental Health Care Delivery System and 
17 
other such activities related to the implementation of this Act, 
18 
through the review of mental health services and the adoption of 
19 
legal and other remedies provided by law; 
20 
(I) Plan and implement the necessary and urgent capacity building, 
21 
22 
23 
reorientation and training programs for all mental health 
professionals, mental healt~ workers and allied 
articulated in this Act; 
\ 
professionals as 
24 
(g) Review all existing laws related to mental health and recommend 
25 
26 
legislationDwhich will sustain and strengthen programs, services 
, 
and other mental health initiatives; 
27 
(h) Conduct or cause to be conducted studies and researches on 
28 
mental health, with special emphasis on studies that would serve 
29 
as basis for developing appropriate and culturally relevant mental 
30 
health services in the community; 
31 
(i) Create such inter-agency committees, project task forces, and 
32 
other groups necessary to implement the policy and program 
33 
framework of this Act; and 
34 
(j) Perform such other duties and functions necessary to carry out the 
35 
purposes of this Act. 
36 
37 
SEC. 17. Inter-agency Mechanisms. The Council shall collaborate 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
with the following agencies: 
(a) DOST and attached agencies like PITAHC and PCHRD to advance 
research on basic and clinical studies into mental illness and 
complementary and alternative treatment; 
(b) DepEd and CHED to develop school based mental health 
promotion, screening and referral systems; 
(c) PHILHEALTH to make sure that availability of insurance packages 
" 
is in place with sUbstantf\1 equity to physical disorders with 
similar impact to the patient' as measured by Disability Adjusted 
Life Years or similar instrumentation; 
(d) TESDA, DSWD, DA, DTr, §ENR and DILG and other agencies to 
develop vocational opportunities via innovative systems like Care 
Farms, Psychosocial Rehabilitation and similar modalities with 
program design and planning in conjunction with psychiatrists 
and other mental health specialists; 
(e) DOLE to promote diversity and equal protection in the workplace 
mandating companies to develop programs to enhance mental 
wellness and work accommodations for the mentally ill employees; 
(f) NEDA to envision programs to promote the mental wealth of our 
nation, including inclusive growth among the mentally ill; 
21 
. (g) The National Center for Health promotion shall lead III the 
22 
23 
formulation of the standard and the development of mental health 
information, 
education 
and 
communication 
and 
advocacy 
24 
strategies to ensure the promotion of a totally healthy and less 
25 
stressful lifestyle for the Filipinos; 
26 
(h) National Epidemiological Center to deVelop and update the 
27 
epidemiology of mental diseases and services available in the 
28 
country in the form of a census or a similar instrument. Research 
29 
into epidemiology, risk factors, treatment and management of 
30 
31 
32 
33 
34 
35 
36 
37 
mental disorders should be given a priority. It shall ensure the 
development 
or 
enhancement 
of 
national 
reporting 
and 
surveillance systems and methodologies and the generation, 
availability accessibility ~aring exchange and distribution of 
information 
and 
knowledge 
on 
mental 
health 
and 
the 
establishment of the national Fegistry of mental and neurological 
cases; 
0; 
(i) Philippine Statistical Authority to formulate and integrate mental 
11 


1 
health protective risk factors and other such data that may help in 
2 
the formulation of policies towards mental wellness and prevention 
3 
of mental illness; 
4 
0) Commission on Human Rights on matters pertaining to human 
5 
rights issues, particularly, the protection of persons utilizing 
6 
mental health services and the prevention of cruel, inhuman and 
7 
degrading treatment in mental health care facilities. 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
SEC. 18. Composition. The Council shall be composed of the 
following: 
(a) The Secretary of Health, as ex-officio chairman; 
(b) The Executive Director, as vice chair; 
(c) Two (2) representatives from the government sector; 
(d) One (1) representative from the private health sector or consumer 
groups; 
(e) One (1) representative from the academe/research; 
(f) Two (2) representatives from the professional organization; and 
(g) Two (2) representatives from~he allied nongovernment organizations 
. involved in mental health issues, 1 
members. 
The members of the Council shall be appointed by the President from 
21 
among the nominees of their ,respective organizations within 30 days 
22 
from the date of effectivity of this '}\ct. 
23 
24 
SEC. 19. Term of Office. The members of the Council shall serve 
25 
for a term of three (3) years. In case a vacancy occurs in the Council, any 
26 
person chosen to fill the vacancy shall serve only for the unexpired term 
27 
of the member whom he succeeds. 
28 
29 
SEC. 20. Meetings. The Council shall meet at least once a month 
30 
or as frequently as necessary to discharge its duties and functions. The 
31 
Council shall be convened by the Chairman or upon written request of at 
32 
least three (3) of its members. The presence of a majority of the members 
33 
of the Council shall constitute a quorum. 
34 
35 
SEC. 21. Per Diem. The members of the Council shall receive 
36 . reasonable per diems and transportation allowance as may be fixed by 
37 
the Council for any meeting actually attended. 
12 


, ' 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
• 
SEC. 22. Executive Director. The Council shall appoint an 
Executive Director who shall serve for a term of three (3) years. The 
Executive Director shall be eligilJle for one (1) reappointment and shall 
not be removed from office except iA accordance with existing laws. 
The Executive Director shall the following duties and functions: 
(a) Act as chief executive officer of the Council and assume full 
'\ 
responsibility in implementing its purposes and objectives; 
(b) Maintain a close and functional relationship with the Department of 
Health and other government and private entities concerning mental 
health care; 
(c) Formulate, develop, and implement, subject to the approval of the 
Council, measures that will effectively carry out the policies laid down by 
the Council; 
(d) Execute and administer all approved policies, programs and 
measures, and allocate appropriate resources for their implementation; 
(e) Recommend to the Secretary of Health the appointment of personnel 
of the Council including supervisory, technical, clerical and other 
personnel in accordance with the staffing patterns and organizational 
structure approved by the Council; and, 
(f) Represent the Council in all of its official transactions or dealings and 
authorize legal contracts, annual reports, financial statements, and other 
documents. 
25 
SEC. 23. Salary. The Executive Director shall receive a salary to 
26 
be fixed by the Council in accordance with the Salary Standardization 
27 
Law. 
28 
29 
SEC. 24. Advisory Boa"d. The Philippine Council for Mental 
30 
Health Council shall the create a~ advisory board consisting of Mental 
31 
Health care users, carers and professionals, representatives of the DOH 
32 
as well as visiting bodies under national and international obligations of 
33 
the State. 
34 
35 
36 
SEC. 25. Implementing Rules and Regulations. Within (90) days 
37 
from the effectivity of this Act, the Secretary of Health shall, in 
13 


• 
• 
1 
coordination with the Council, formulate the rules and regulations 
2 
necessary for the effective implementation of this Act. 
3 
4 
SEC. 26. Appropriation. The initial amount of Php Fifty Million 
5 
Pesos 
(Php 
50,000.00) 
is 
hereby 
appropriated 
for 
the 
initial 
6 
implementation of this Act. Thereafter, any amount as may be necessary 
7 
to carry out the provisions of this Act shall be included in the General 
8 
Appropriations Act. Regional hospitals shall be provided with financial 
9 
support to maintain their own Mental Health Unit capable of catering to 
10 
50 to 100 patients. Local Government Units should require business 
11 
establishments to donate from one to three percent (1% to 3%) of their 
12 
gross sales to support the Mental Health Program of the City. Donations 
13 
will be treated as tax shelter by the BIR. 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
" 
SEC. 27. Separability Cla\e. If any provision of this Act is held 
invalid or unconstitutional, the remainder of the Act or the provision not 
otherwise affected shall remain valid and subsisting. 
, 
SEC. 28. Repealing Clause. Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative rule or 
regulation contrary to or inconsistent with the provisions of this Act is 
hereby repealed, modified or amended accordingly. 
24 
SEC. 29. Effectivity. This Act shall take effect fifteen (15) days 
25 
upon its publication in at least two (2) national newspapers of general 
26 
circulation. 
27 
28 
Approved, 
14