Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIV! pave:_03 AUG 2016

Quezon City yi qo

SEVENTEENTH CONGRESS
First Regular Session

House Bill No._2460

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

It is a fact that many Filipinos are still unable to fully get cured and
recover from their illnesses because of their financial inability to purchase
the medicines prescribed for them. This is even under current government
programs, such as the Universal Health Care Program being implemented by
PhilHealth that provide free or subsidized medical and health services in
public hospitals to our sick and indigent people. The costs of medicines and
drugs remain highly prohibitive and beyond reach.

Thus, there is a need to identify sources of funding from which
medicines may be purchased for free distribution to indigent patients in
times of their need. An appropriate source is the Internal Revenue Allotment
(IRA) of the local government units.

This bill seeks to set aside a certain portion of the IRA to be allocated
for the purchase of medicines for free distribution to indigent patients in
their respective jurisdictions in cooperation and coordination with public
hospitals, health centers and clinics in their localities and with the
Department of Health.

Lest we overlook the fact that health and medical services, even when
provided for free, but when unaccompanied by medicines prescribed, are
less effective if not meaningless.

For the foregoing reasons, the immediate passageof the bill is
earnestly sought.

ARTHUR. YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No._2460

Introduced by REPRESENTATIVE ARTHUR C. YAP

AN ACT
MANDATING LOCAL GOVERNMENT UNITS TO
EARMARK A PORTION OF THEIR INTERNAL
REVENUE ALLOTMENT (IRA) FOR FREE MEDICINES
TO INDIGENT PATIENTS IN THEIR JURISDICTIONS

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

SECTION 1. Declaration of Policy. - It shall be the policy of the
State to protect and promote the right to health of the people through the
adoption of an integrated and comprehensive approach to health
development and shall endeavor to make essential goods, health and other
social services available to all the people, particularly the underprivileged, at
affordable cost.

SECTION 2. Indigent Patients Defined. ~- Indigent patients are
those patients who have no means of visible income or whose income is
insufficient for the subsistence of his or her family as determined by the

local social welfare department.


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SECTION 3. Local Government Units to Earmark a Portion of
Internal Revenue Allotment for Free Medicines to Indigent Patients. — All
local government units (LGUs) are hereby mandated to set aside and
earmark a portion of their Internal Revenue Allotments (IRA) for the
purchase of medicines to be distributed for free to indigent patients in their
localities through the public hospitals, clinics, health centers and
dispensaries within their respective jurisdictions.

SECTION 4. Dispensation. - The LGU shall maintain a list of
indigent patients residing within their jurisdictions as determined by their
local social welfare officer and confirmed by the barangay officials
concerned, and shall issue identifying documents to ensure that the free
medicines are properly dispensed to deserving recipients. Public hospitals,
health centers, clinic and dispensaries shall cooperate and coordinate with
the local government units concerned in the implementation of this Act.

SECTION 5. Prohibited Acts. - Without prejudice to any criminal
liability that may be incurred under the Revised Penal Code by persons in
violation of the provisions of this Act, the following acts shall constitute
offenses under this Act:

1. Diverting or using for other purposes funds allocated for free
medicines as mandated in this Act;

2. Dispensing or distributing the medicines acquired under this
Act other than to indigent patients;

3. Preparing a list or certification that a patient is indigent when he

or she is not;


1 4. Preparing, submitting or altering any document to make it
2 appear that a legitimate purchase or distribution of free
3 medicines under this Act has been made when in fact there is
4 none;

5 5. Knowingly purchasing expired medicines or those expiring
6 within one (1) year from the date of purchase for purposes of
4 this Act.

8 SECTION 6. Penalties. - Any person found guilty of committing

9 any of the offenses enumerated in the preceding section shall be meted the
10 penalty of not less than two (2) years but not more than five (5) years of
11 imprisonment.

12 SECTION 7. Implementing Rules and Regulations. - The
13 respective councils of the concerned local government units through proper
14 resolutions or ordinances, and in consultation with the Department of
15 Health, shall promulgate the rules and regulations necessary for the effective
16 implementation of this Act.

7 SECTION 8. Separability Clause. - If any provision of this Act, or
18 any part thereof, is declared unconstitutional, the same shall not affect the
19 validity and effectivity of the other portions.
20 SECTION 9. Repealing Clause. - All laws, executive orders,
21 presidential decrees, proclamations, rules, regulations, issuances and
22 enactments of parts thereof inconsistent with this Act are hereby repealed or

23 modified accordingly.


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SECTION 10. Effectivity. - This Act shall take effect fifteen (15)
days from its complete publication in the Official Gazette of in a newspaper
of general circulation in the Philippines, whichever comes earlier.

Approved.