Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4772
HOUSE BILL NO. __

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

According to the data from the Philippine Cancer Society (PCS) Registry, the top
ten cancers in the country (incidence) are breast, lung, colon-rectum, liver,

cervix, prostate, leukemia, thyroid, stomach and ovary. The incidence of cancer
increases with advanced age.

Childhood cancer (0-14 years) comprised only 2.2% of all cancer cases while 25%
occurred among persons 65 years and older.

Therefore, a Cancer center is needed to cope with preventing and diminishing
death caused by it, especially among the disadvantaged populace, through a
comprehensive information, education, advocacy and focused services.

This House Bill seeks to create the Clark Cancer Center, to expand the research

in cancer diseases, training of medical and technical personnel, and specialized
medical services for the prevention and treatment of cancer diseases.

‘Thus, the early passage of this bill is earnestly requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4772
HOUSE BILL NO. ___

Introduced by Representative Michael L. Romero

AN ACT

CREATING THE CLARK CANCER CENTER, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. SHORT TITLE - This Act shall be known as the “Clark
Cancer Center Act’.

SECTION 2. CREATION OF THE CLARK CANCER CENTER - There
is hereby created a Cancer Center, for the benefit primarily of the Filipino people
under the name of Clark Cancer Center, subject to the provisions of this Act,
hereinafter referred to as the Cancer Center.

The Cancer Center shall be administered by a Board of Trustees, composed of
five (5) members, to be appointed by the President of the Philippines.

‘The Director of the Cancer Center shall be appointed by the Board of Trustees.


The four (4) appointive members of the Board of Trustees shall serve without
compensation for a period of four (4) years and until their successors shall have
been appointed and qualified.

Any vacancy in the Board shall be filled by appointment by the President of the
Philippines, and the appointee shall serve for the unexpired term.

The Board of Trustees of the Cancer Center shall elect a Chairman from among
themselves, who shall be presiding officer of the Board of Trustees.

The Director of the Cancer Center shall serve as Vice-Chairman of the Board.
The Director shall act as the chief executive officer of the Cancer Center, with
authority, among others, to appoint, remove, and fix the compensation of the
personnel thereof, subject to the approval of the Board of Trustees.

Four (4) members of the Board of Trustees shall constitute a quorum to transact
business and any decision of such four members on any matter duly presented

to the Board of Trustees shall constitute a valid and binding act of the Cancer
Center.

SECTION 3. TAX EXEMPTIONS AND PRIVILEGES - Being a non-
profit, non-stock corporation organized primarily to help combat the high
incidence of Cancer diseases in the Philippines, all donations, contributions,
endowments and equipment and supplies to be imported by authorized entities
or persons and by the Board of Trustees of the Cancer Center, for the actual use
and benefit of the Cancer Center, shall be exempt from income and gift taxes,
the same further deductible in full for the purpose of determining the maximum
deductible amount under the prevailing mandates of the National Internal

Revenue Code, as amended.

‘The Cancer Center shall be exempt from the payment of taxes, charges and fees
imposed by the Government or any political subdivision or instrumentality

thereof with respect to equipment purchases made, or for, the Cancer Center.


SECTION 4. AID FROM GOVERNMENT OFFICES - The Cancer
Center, may call upon any Ministry, Bureaus, Office, agency or instrumentality
of the government, including government-owned or controlled corporations,
particularly the Philippine Charity Sweepstakes Office (PCSO), for such
assistance it may need in the pursuit of its purposes and objectives.

SECTION 5. APPROPRIATIONS - The amount Five Billion Pesos
(P5,000,000,000.00) is hereby appropriated as contribution of the National

Government for the initial operations and maintenance of the Cancer Center of
the year of the effectivity of this Act.

Thereafter, the amount necessary to ensure the continued operations and
maintenance of the Cancer Center shall be duly provided for, appropriated and
released from the General Appropriations Act (GAA), subject to the approval of
the President the Republic of the Philippines.

The funds therefor shall be administered by the Board of the Cancer
Center, in behalf of the Cancer Center.

SECTION 6. AUDITING - The books of accounts of the Cancer Center
shall be under the charge and safekeeping of the Treasurer of the Cancer Center
and of its Chairman, but such books of account shall be subject to periodic

review and auditing by the Chairman of the Commission on Audit, or by his duly
authorized representative.

SECTION 7. POWERS AND FUNCTIONS - For the attainment and/or
furtherance of the above purposes and objectives, the Cancer Center as a body
corporate, acting through its Board of Trustees shall have all the powers

pertaining to a juridical person, and is therefore authorized, among other things:

(a) To acquire and hold in any manner property of whatever
nature or description, and to dispose of such property under
any mode of encumbrance or conveyance;


(b) To contract and be contracted with;

(©) To mortgage, lease, sell, transfer convey or otherwise
dispose of its properties;

(d) To solicit and receive donations, endowments and funds in
the form of contributions, whether in cash or in kind, from
both the public and private sectors;

(e) To open such accounts in banks and other financial
institutions, and to disburse such funds or invest the same as

the Board may direct to accomplish or advance the purposes
or interest of the Cancer Center;

( To invite foreign pediatric specialists and similar experts in
the various medical fields not available in the country; to train
the personnel or trainees or residents of the Cancer Center;

(2) To send the personnel of the Cancer center to research
institutes, medical institutes or universities for advance
training or observation and to attend international or regional
conventions, conferences, congresses, seminars as the Board
may deem necessary to accomplish the purposes and
objectives of the Cancer Center;

(h) To adopt a set of by-laws, rules and regulations not
inconsistent with law and the provisions hereof to govern the
administration and operation of the affairs of the Cancer
Center; and

(i) To do all such other acts and things as are or may be
necessary or incidental for the accomplishment of the
purposes and objectives of the Cancer Center.

SECTION 8. ANNUAL REPORT - The Cancer Center shall render to

the President of the Philippines and the Department of Health annual reports of
its activities, accomplished and recommendations.

SECTION 9. DISSOLUTION OF THE CENTER - If for any reason,
the Cancer Center is dissolved, its assets and properties remaining at the time
of dissolution, shall revert to the Philippine Government for disposition in
accordance with law.


SECTION 10. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 11. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the

necessary rules and regulations for its effective implementation.

SECTION 12. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions

of this Act are hereby repealed or modified accordingly.

SECTION 13. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 14. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

Approved,