SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 755 
"13 
JUL 15 P6 :02 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This measure seeks to create a Public Health Emergency Council which 
shall formulate a comprehensive strategy on public health emergency. It seeks to 
give our country a fighting chance against biological, chemical or nuclear health 
threats through preparation, management and disposal. 
The Council shall be composed of the heads of the Departments of 
Health, Interior and Local Government, Trade and Industry, Justice and National 
Defense and the Office of the Press Secretary. Upon declaration of a state of 
public health emergency by the President, the Council shall be responsible for 
the formulation and implementation of a national public health emergency plan. 
This is to ensure that the national government will be able to respond 
immediately and effectively to actual public health emergencies. 
The establishment of a set of plan to counteract the emergence or 
resurgence of contagions is a must. We should have a emergency plan that we 
can implement against new and emerging threats should an outbreak occur in 
our country. And with the threat of a deliberate outbreak via bio-terrorism, the 
urgency is even more emphasized. 
In view of the foregoing, approval of this bill is earnestly sought. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Se.nate Bill No. '( 5 5 
'13 
,JUL 15 P 6 :01 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL, PROVIDING 
POWERS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title - This Act shall be known as the "Emergency Health 
Powers Act". 
SEC. 2. Declaration of Policies - The State shall protect and promote the 
right of the people to a healthy life and environment. It is also the prime duty of 
Government to serve and protect the people and in this pursuit may require the 
people to cooperate in times of public health emergencies. 
In light of new and emerging threats, including emergent and resurgent 
infectious diseases and terrorist attacks involving the use of chemical, biological 
or nuclear agents, the State shall focus on the prevention, detection, 
management, and containment of public health emergencies. 
The State shall endeavor to respond immediately and effectively to 
potential or actual public health emergencies and in so doing, may require the 
exercise of emergency health powers for the promotion of the common good. 
SEC. 3. Definition of Terms - For purposes of this Act, the following 
terms are herein defined: 
a. "Biological agent" means a microorganism, virus, infectious substance, 
natuFally oecuFFing OF bioeRgineerec:l proc:luct, OF otheF biol09ieal mateFial that 
could cause death, disease, or other harm to a human, an animal, a plant, or 
another living organism. 
b. "Biological Attack" means an attack against the population with the use 
of weapons employing biological agents. 
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c. "Chemical agent" means a poisonous chemical agent that has the 
c~pacity to c!iu:s.e death, cli!ieC!!ie, or other harm to C! h!'!man, ~n !inimal, a r.>lant, 
or another living organism. 
d. "Chemical Attack" means an attack against the population with the use 
of weapons employing chemical agents. 
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e. "Contagious disease" is a disease that can be transmitted from person 
to person, animal to person, or insect to person. 
f. "Facility" means any real property, building, structure, or other 
improvement to real property or any motor vehicle, rolling stock, aircraft, 
watercraft, or other means of transportation. 
g. "Health care facility" means any institution, building, or agency or 
portion thereof, whether public or private that is used, operated, or designed to 
provide health services, medical treatment, nursing, rehabilitative, or preventive 
care to any person or persons. This includes, but is not limited to, ambulatory 
surgical facilities, health maintenance organizations, home health agencies, 
hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment 
centers, long-term care facilities, medical assistance facilities, mental health 
centers, outpatient facilities, public health centers, rehabilitation facilities, 
residential treatment facilities, skilled nursing facilities, and adult daycare centers. 
The term also includes, but is not limited to, the following related properties when 
used for or in connection with the foregoing: laboratories, research facilities, 
pharmacies, laundry facilities, health personnel training and lodging faCilities, and 
patient, guest, and health.personnel food service facilities, and offices and office 
buildings for persons engaged in health care professions or services. 
h. "Health care provider" means any person or entity that provides health 
care services including, but not limited to, hospitals, medical clinics aud offices, 
special care facilities, medical laboratories, physicians, pharmacists, dentists, 
physician assistants, nurses, paramedics, firefighters who provide emergency 
medical care, emergency medical or laboratory technicians, and ambulance and 
emergency medical workers. 
i. "Infectious disease" is a disease caused by a living organism or virus. 
An infectious disease mayor may not be transmissible from person to person, 
animal to person, or insect to person. 
j. "Isolation" and "quarantine" mean the compulsory physical separation, 
including restriction of movement or confinement, of individuals and/or groups 
believed to have been exposed to, or known to have been infected with a 
contagious disease, from individuals who are believed not to have been exposed 
or infected in order to prevent or limit the transmission of the disease to others . 
. k. "Quarantine" shall also mean compulsory physical separation, including 
restriction of movement, of populations or groups of healthy people who have 
been potentially exposed to a contagious disease, or to efforts to segregate 
these persons within specified geographic areas if the situation so requires. 
I. "Isolation" shall also mean the separation and confinement of individuals 
known or suspected via signs, symptoms, or laboratory criteria, to be infected 
with a contagious disease to prevent them from transmitting said disease to 
others. 
m. "Nuclear Agent" means any radioactive material, element or 
byproducts thereof that could cause death, disease, or other ham to a human, an 
animal, a plant, or another living organism. 
n. "Nuclear Attack" means an attack against the population with the use of 
weapons employing nuclear agents. 
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o. "Public health emergency" means the occurrence or imminent risk of an 
illness or health condition that may be caused by terrorism, epidemic or 
pandemic disease, or an infectious, biological or chemical agent that poses a 
substantial risk to a significant number of the population or poses a serious threat 
to the agricultural sector, including food supply. 
p. "Radioactive material" means a nuclear or radioactive substance that 
has the capacity to cause injury or death to a human, an animal, a plant, or 
another living organism. 
q. "Terrorist Attack" means any attack against the general population with 
the intent to deliberately cause death or harm to persons or damage to property 
using weapons of mass destruction. Such weapons may be biological, chemical 
or nuclear, or other conventional or improvised weapons. 
r. "Tests" include, but are not limited to, any diagnostic or investigative 
analyses necessary to prevent the spread of disease or protect the public's 
health, safety, and welfare. 
SEC. 4. Public Health Emergency Council (PHEC) - The Public Health 
Emergency Council (PHEC), hereinafter referred to as the Council, is hereby 
established to be composed of the following: 
a. Secretary of Health, Chairman; 
b. Secretary of Interior and Local Government, Member; 
c. Secretary of Trade and Industry, Member; 
d. Secretary of Justice, Member; 
e. Secretary of National Defense, Member; and 
f. Press Secretary, Member. 
Other government agencies not under the authority or jurisdiction of the 
standing members of the Council may be included as the need as determined by 
the Council, arises. 
The Council shall convene when a State of Public Health Emergency is 
declared by the President and shall be responsible for the formulation and 
implementation of the National Public Health Emergency Plan, hereinafter 
referred to as the Plan, to address any public health emergency as defined in this 
Act. 
Within six months from the approval of this Act, the Council shall draw up 
the Plan, and conduct a briefing for all local government units. It shall serve as 
tlie framework for the government's response to any public health emergency. 
The Council shall also advise the President on courses of action outside the Plan 
that may be taken in the event that a public health emergency occurs. 
SEC. 5. Declaration of State of Public Health Emergency - The 
President, upon the recommendation of the Secretary of Health, may declare a 
State of Public Health Emergency and immediately convene the Council. The 
basis for such a declaration shall be made public by the Council through the 
mass media and a written report submitted to both houses of Congress. 
The State of Public Health Emergency shall be for a period of sixty days 
unless extended or terminated earlier by the Council. 
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SEC. 6. Health Cure Facilities and Services During State of Public 
Health Emergency.- During the period of the State of Public Health Emergency, 
the Council may, within reasonable and necessary bounds for emergency 
response to a public health emergency, require a health care facility to provide 
services or the use of its facility; Provided, That the Council may require privately 
owned health care facilities to provide services or use of its facility only if 
government health institutions are unable to cope with the public health 
emergency. 
When the Council needs the use or services of the facility to isolate or 
quarantine individuals during a public health emergency, the management and 
supervision of the health care facility must be coordinated with the Council to 
ensure the protection of existing patients and compliance with the terms of this 
act. 
SEC. 7. Dangerous Facilities and Materials. - During the state of public 
health emergency, the Council may exercise, in coordination with national 
government agencies, 
local government units, and other organizations 
responsible for the implementation of the Plan, the following powers over 
facilities or materials that may be considered dangerous due to contamination or 
exposure to chemical, nuclear or biological agents or infectious disease 
pathogens: 
a. to close, direct and compel the evacuation of, or to decontaminate or 
cause to be decontaminated; any facility of which there is reasonable cause to 
believe that may endanger the public health; and 
b. to decontaminate or cause to be decontaminated, any material of which 
there is reasonable cause to believe that it may endanger the public health. 
SEC. 8. Control of Pharmaceutical Agents or Medical Supplies - After 
the declaration of a public health emergency, the Council may purchase, store or 
distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other 
pharmaceutical agents or medical supplies that it considers advisable in the 
interest of preparing for or controlling a public health emergency, with the right to 
take immediate possession thereof. 
If a state of public health emergency results in a nationwide or regional 
shortage or threatened shortage of any product covered by the preceding 
paragraph, the Council may control, restrict, and regulate by rationing and using 
quotas, prohibitions on shipments, price fixing, allocation or other means, the 
use, sale, dispensing, distribution, or transportation of the relevant product 
necessary to protect the health, safety, and welfare of the people. In making 
rationing or other supply and distribution decisions, the Council must give 
preference to health care providers, disaster response personnel, and mortuary 
staff. 
Nothing in this section shall be construed to allow the Council to obtain 
antitoxins, serums, vaccines, 
immunizing agents, antibiotics, and other 
pharmaceutical agents or medical supplies for the primary purpose of hoarding 
such items or preventing their fair and equitable distribution among the health 
care institutions and providers, both government and private. 
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SEC. 9. Control and Treatment of Infectious Diseases. - During a state 
of public health emergency, the Council shall use every available means to 
prevent the transmission of contagious and infectious diseases and to ensure 
that all cases of contagious and infectious disease are subject to proper control 
and treatment. 
SEC. 10. Physical Examinations or Tests: Isolation or Quarantine of 
Persons Refusing Examination. - During a state of public health emergency, 
the Council may perform voluntary physical examinations or tests as necessary 
for the diagnosis or treatment of individuals. 
The Council may isolate or quarantine any person whose refusal of 
physical examination or testing results in uncertainty regardless whether said 
person has been exposed to, or is infected with, a contagious or possibly 
contagious disease or otherwise poses a danger to public health. Isolation and 
quarantine shall be mandatory for persons exhibiting any symptom of an 
infectious disease causing the public health emergency or whose physical 
examination or test results confirm an infection. 
SEC. 11, Isolation and Quarantine of Individuals or Groups; Penalty 
for Noncompliance- During a public health emergency, the Council may isolate 
or quarantine an individual or groups of individuals. This includes individuals or 
groups who have not been vaccinated, treated, tested, or examined pursuant to 
the preceding section. The Council may also establish and maintain places of 
isolation and quarantine, set rules and make orders in this regard. 
The Council shall adhere to the following conditions and prinCiples when 
placing individuals or groups of individuals under isolation or quarantine: 
a. isolation and quarantine must be by the least restrictive means 
necessary to prevent the spread of a contagious or possibly contagious disease 
and may include, but not limited to, confinement to private homes or other private 
and public premises; 
b. individuals isolated because of objective evidence of infection or 
contagious disease must be confined separately from quarantined asymptomatic 
individuals; 
c. 
the health status of ,isolated and quarantined individuals must be 
monitored regularly; 
d. if a quarantined individual becomes infected or is reasonably believed 
to be infected with a contagious or possibly contagious disease, he or she must 
be promptly isolated; 
e. isolated and quarantined individuals must be immediately released 
when they no longer pose substantial risk of transmitting a contagious or possibly 
contagious disease to others; 
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f. the needs of persons isolated and quarantined must be addressed in a 
systematic and competent fashion including, but not limited to, providing 
adequate food, clothing, shelter, means of communication with those outside the 
facility, medication, and competent medical care; 
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g. facilities used for isolation and quarantine must be maintained in a safe 
and hygienic manner and be designed to minimize the likelihood of further 
transmission of infection or other harm. 
Persons subject to isolation or quarantine must comply with the Council's 
rules and orders and must not go beyond the isolation or quarantine premises. 
Failure to comply with these provisions shall be penalized with a fine of 
Ten Thousand Pesos. 
Only authorized physicians, health care workers, or other persons with 
written permission from the Council shall have access to individuals in isolation 
or quarantine to meet the needs and proper care of these individuals. 
Failure to comply with or willful violation of this provision shall be 
penalized with a fine of Ten Thousand Pesos or imprisonment of not more than 
six months. 
Facilitating, aiding or conspiring to violate these provisions shall be 
penalized with a fine of Ten Thousand Pesos or imprisonment of not more than 
six months. 
Any person entering an isolation or quarantine premises with or without 
authorization of the Council may be isolated or quarantined as provided for in this 
act. 
SEC. 12. Local Government Role - Within six months after the adoption 
of the Plan, local government units shall draw up their respective Local Public 
Health Emergency Plans conforming to the national plan and the provisions of 
this Act. 
During a state of public health emergency, local government officials shall 
provide unconditional support and cooperation to the Council and the Plan. 
Refusal of local government officials to provide support and cooperation 
shall constitute an offense and shall be dealt with disciplinary action as provided 
for in the Local Government Code. 
SEC. 13. Powers and Duties Regarding Safe Disposal of Human 
Remains. - The Council must coordinate with hospitals and funeral institutions, 
for such period as the state of public health emergency exists, to exercise the 
following powers regarding the safe disposal of human remains suspected or 
known to be a victim of an infectious disease: 
a. to take possession or control of any human remains which cannot be 
safely handled otherwise; 
b. to order the disposal of human remains of a person who has died of an 
infectious disease through burial or cremation within twenty-four hours after 
death, 
c. to require any business or facility authorized to embalm, bury, cremate, 
inter, disinter, transport, and dispose of human remains under existing laws to 
accept any human remains or provide the use of its business or facility if these 
actions are reasonable and necessary for emergency response. 
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All human remains prior to disposal must he clearly labeled with all 
available information to identify the deceased and the circumstances of death. 
Any human remains of a deceased person with an infectious disease must 
have an external, clearly visible tag indicating that the human remains are 
infected and, if known, the infectious disease. 
Every person in charge of disposing any human remains must maintain a 
written record of each set of human remains and all available information to 
identify the deceased and the circumstances of death and disposal. If the human 
remains cannot be identified prior to disposal, a qualified person must, to the 
extent possible, take fingerprints and one or more photographs of the human 
remains, and collect a DNA specimen. All information gathered under this 
paragraph must be promptly forwarded to the Council. Identification must be 
handled by the agencies that have laboratories suitable for DNA identification. 
SEC. 14. Centralized Information - During the State of Public Health 
Emergency, the Council, through the Press Secretary or a designated alternate, 
shall provide the public with daily updates, news bulletins or briefings on the 
progress of the management and containment of the public health emergency 
and shall endeavor to prevent or stop the spread of misinformation. 
In this pursuit, the Council, through the Press Secretary, may request the 
mass media to refrain from reporting or disseminating information about the 
public health emergency that it has not cleared. 
SEC. 15. Implementing Authority - The Secretary of the Department of 
Health shall promulgate the implementing rules and regulations, orders and other 
issuances as may be necessary to implement and carry out the intent, objectives, 
purposes and provisions of this Act. 
SEC. 16. Separability Clause. - If any part, section or provision of this Act 
is held invalid or unconstitutional, other provisions not affected thereby shall 
remain in force and effect. 
SEC. 17. Repealing Clause - All other laws, decrees, orders, issuances, 
rules and regulations that are inconsistent with the provisions of this Act are 
hereby repealed, amended or 
modified accordingly. 
SEC. 18. 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, 
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