Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILL No, 3666

Introduced by Rep. Ray Florence T. Reyes

EXPLANATORY NOTE.

The next outbreak is bound to occur soon. It is no longer a question of “if,” but
a question of “when and where.” The next pandemic, unfortunately, is no longer
beyond the horizon.

While we assume that the severity of COVID19 is a once-in-a-lifetime or a
once-in-a-century kind of pandemic, historical data shows that this may not be the
case. Recent studies have shown that there is a 47-57% chance that a global
pandemic as deadly as COVID19 may happen in as early as 25 years.

Researchers around the world are also warning that the next global health
threat may come, not from animals or laboratories but, from under the ice. With
global temperatures consistently rising and the melting of ice caps accelerating,
previously unknown microorganisms trapped in the permafrost may be released into
the air and reactivated with unknown consequences for the population. Infectious
pathogenic viruses — including those that have caused pandemics in the past - have
been found hidden under layers of the permafrost, such as the Spanish Influenza
from 1918 and a strain of the Anthrax bacterium previously dormant for nearly 100
years.

While the Philippines recorded its first confirmed case of COVID19 in January
30, 2020, the traveller arrived on Philippine shores eight days earlier, on January 22,
2020. The delay in confirmation is due to the fact that testing had to be done at the
Victorian Infectious Disease Reference Laboratory located in Australia, as the
Philippines did not have the capacity for testing. It wasn't until February 2, 2020, one
day after the first recorded COVID19 death in the Philippines — the first in the world
outside of China - that the Research Institute for Tropical Medicine (RITM) acquired
the capability for RT-PCR testing from Japan, allowing them to issue testing
protocols

Since the pandemic started, the Philippines has recorded over three million
cases and more than 60,000 deaths. So many lives have been needlessly lost due to



‘our lack of resources for testing, tracing, and isolation of individuals who were
carriers of the disease.

The creation of the Center for Disease Control and Prevention (CDC) aims to
bridge the gaps highlighted during the last pandemic through policy development,
capacity building, and disease surveillance.

In view of the foregoing, immediate passage of this bill is earnestly sought.

Represefftative, AnaKalusugan Partylist__ «

CT


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

No, 3666

HOUSE BILL NO.

Introduced by Rep. Ray Florence T. Reyes

AN ACT PROVIDING FOR THE MODERNIZATION OF THE PUBLIC HEALTH
EMERGENCY PREPAREDNESS AND RESPONSE CAPABILITIES,
ESTABLISHING FOR THIS PURPOSE THE CENTER FOR DISEASE

PREVENTION AND CONTROL, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shal! be known as the “Philippine Center for
Disease Prevention and Control (CDC) Act.”

SECTION 2. Declaration of Policy. ~ It is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among
them. The State also mandates the adoption of an integrated and comprehensive
approach to health development.

Towards this end, the State shall give high priority to the allocation of material and
institutional resources to protect public health by ensuring that the Philippine health
system is well-prepared to forecast, prevent, monitor, and control diseases, injuries,
and disabilities both of national and international concern.

SECTION 3. Definition of Terms. - As used in this Act

a) Disease refers to an illness due to a specific toxic substance, occupational
exposure or infectious agent, which affects a susceptible individual, either
directly or indirectly, from an infected animal or person, or indirectly through
an intermediate host, vector, or the environment;


b) Infectious disease refers to a clinically manifested disease of humans or
animals resulting from an infection which can be communicable or non-
communicable;

c) Communicable disease, also known as contagious disease, refers to an
illness resulting from an infection, or a disease, which can be transmitted from
an infected host individual or group to a particular individual or group. It
spreads through direct, bodily contact with an infected person, their
discharges, or an object or surface they have contaminated;

d) Emerging or re-emerging infectious diseases (EREID refers to diseases that:
1. have not occurred in humans before;

2. have occurred previously but affected only small numbers of people in
isolated areas;

3. are caused by previously undetected or unknown infectious agents;
4, are due to mutant or resistant strains of a causative organism; or

5. once were major health problems in the country, and then declined
dramatically, but are again becoming health problems for a significant
portion of the population.

e) Disease surveillance refers to a systematic collection, analysis, interpretation,
and dissemination of outcome and specific data for use in the planning,
implementation and evaluation of public health practice. A disease
surveillance system includes the functional capacity for data analysis as well
as the timely dissemination of these data to persons who can undertake
effective disease prevention and control activities;

f) Epidemic or outbreak refers to an occurrence of more cases of disease than
normally expected within a specific piace or group of people over a given
period of time;

9) Public health emergency refers to an occurrence or imminent threat of an
illness or health condition that:

1. Is caused by any of the following:
(i) Bio terrorism;

(ii) Appearance of a novel or previously controlled or eradicated
infectious agent or biological toxin;

(ii) A natural disaster;

(iv) A chemical attack or accidental release;


(v)A nuclear attach or accident; or

(vi) An attack or accidental release of radioactive materials;
and,

2. Poses a high probability of any of the following
(i) A large number of deaths in the affected population;

(ii) A large number of serious injuries or long-term disabilities in the
affected population;

(ii) Widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial harm to a large number of
people in the affected population;

(1) International exposure to an infectious or toxic agent that
poses a significant risk to the health of citizens of other
countries; or

(v) Trade and travel restrictions;

h) Quarantine refers to the physical separation and confinement of an individual
or groups of individuals, who are or may have been exposed to a contagious
or possibly contagious disease and who do not show signs or symptoms of a
contagious disease, from non-quarantined individuals, to prevent or limit the
transmission of the disease.

SECTION 4. Creation of the Philippine Center for Disease Prevention and
Control (CDC). - The Philippine Center for Disease Prevention and Control (CDC)
is hereby created as an attached agency to the Department of Health (DOH) for
policy and program coordination

SECTION 5. Powers, Functions, and Duties. - The CDC shall be the technical
authority on all matters regarding disease prevention and control. To carry out the
provisions of this Act, the CDC shall have the following powers, functions, and
duties:

a) Policy and Standards Development

1. Provide technical guidance to the development of policies, programs,
standards, guidelines, and monitoring and evaluation systems on the
forecasting, prevention, monitoring, and control of diseases, injuries,
and disabilities both of national and international concern;


2. Set the standards and the process for the establishment of
Epidemiology and Surveillance Units or its corresponding surveillance
reporting units, pursuant to law;

3. Provide quality assurance programs to ensure the quality of testing for
laboratories;

4, Conduct researchers for development in support of the CDC mandate
to forecast, prevent, monitor, and control diseases, injuries, and
disabilities both of national and international concern;

5. Recommend to the President, through the DOH Secretary, the
declaration of a state of public health emergency in case of an
epidemic of national or international concern; and,

6. Set the parameters for the declaration of the existence as well as the
end of an epidemic.

b) Capacity Building and Technical Assistance:

4. Develop, implement, and maintain training programs on specialized
fields such as field epidemiology, health emergency of biological
concern, laboratory services, infectious and tropical diseases, and non-
communicable diseases;

2. Assess and support the capabilities of health facilities and local
government units (LGUs) on forecasting, preventing, monitoring, and
controlling diseases, injuries, and disabilities both of national and
international concern; and,

3. Provide technical assistance and expert services to DOH offices, and
collaborating and implementing agencies or offices on matters
pertaining to forecasting, preventing, monitoring, and controlling
diseases, injuries, and disabilities both of national and international
concern.

©) Sectoral and Local Engagements:

1. Promote coordination and collaboration with partner agencies and
organizations on matters pertaining to CDC mandate;

2. Coordinate, collaborate, and disseminate relevant scientific and
technical information in a timely manner with partner agencies and
international and local organizations on matters pertaining to CDC
mandate; and

3. Disseminate relevant scientific and technical information in a timely
manner with partner agencies, and international and local
organizations on matters pertaining to CDC mandate.


d) Surveillance:

1

Develop, implement, and maintain an integrated surveillance system of
diseases, injuries, and disabilities;

Provide technical guidance on the development, implementation and
maintenance, and monitoring of health system capacity such as
operational capacities of health facilities, and performance
management of the response systems, in terms of contact tracing,
quarantine, isolation, and other significant population-based health
services;

Investigate and respond through surveillance and disease notification,
investigation, and conduct of field studies and research to outbreaks,
epidemics, and other public health threats as the need arises;

Develop and maintain a network of public health laboratories in support
of epidemiology and surveillance activities;

Facilitate the issuance of appropriate warnings to the regional CDC
and health facilities in anticipation of impending public health threats
and infectious disease outbreak;

Utilize various information and communication technologies (ICT) in
management of data and dissemination of early warning and other
appropriate information to stakeholders and the public; and,

Develop communication methods for wider and more effective and
unified delivery of critical public health information with national or
international importance.

e) Provide technical guidance on the procurement of vaccines, drugs, and
diagnostics;

f) Provide technical guidance on the monitoring and evaluation framework for
disease prevention and control;

9) Certify to the existence of an epidemic which shall be treated as a public
health emergency; and,

h) Perform such other functions as may be mandated by law, or as may be duly
delegated by relevant authorities.

SECTION 6. Director General. - The CDC shall be headed by a Director General
with a rank of Undersecretary, who shall be assisted by two (2) Deputy Directors
General with a rank of Assistant Secretary. The Director General and the Deputy
Directors General shall be appointed by the President from a list of at least three (3)


nominees for each position to be submitted by the DOH Secretary. The Director
General and Deputy Directors General shall have at least ten (10) years of relevant
experience and proven expertise in the fields of public health and epidemiology,

The Director General shail have the following powers and functions:
a) Manage and direct the activities and functions of the CDC;

b) Advise the DOH Secretary on policy matters concerning the Center's
activities;

c) Recommend to the President, through the DOH Secretary, the exercise of
special powers in case of an epidemic, including the declaration of a public
health emergency:

d) Act as the national International Health Regulations Focal Point, subject to
consultation with DOH; and,

) Perform other functions and powers that may be assigned by the DOH
Secretary.

SECTION 7. Transfer of DOH Units and Functions. — The following DOH units and
their concerned divisions and functions are hereby transferred to the CDC:

a) Epidemiology Bureau;
b) Research Institute for Tropical Medicine;

c) Sexually Transmitted Disease — Acquired immune Deficiency Syndrome
Cooperative Central Laboratory;

d) Select functions of the International Health Surveillance Division of the Bureau
of Quarantine as follows:

1. Passive international health surveillance; and,

2. Development of communication methods for wider and more effective
delivery of critical public health information with international importance;
and,

) Technical and standard setting functions of the Disease Prevention and
Control Bureau including that of the Mental Health Division, Cancer Division
and Oral Health Division.

All powers, functions, assets, capital records, funds, receivables, equipment and
facilities of the transferred DOH units or its division or function enumerated herein
shall be transferred to the CDC. The Department of Health shall conduct an audit
and inventory of assets, liabilities and human resources of the transferred agencies
to CDC without need of conveyance or transfer of assignments.



SECTION 8. Regional Centers for Disease Prevention and Control. — There shall
be established Regional Centers for Disease Prevention and Control (RCDCs) in all
regions of the country. Each Regional CDC shall be headed by a Regional Director,
who shall be under the supervision of the CDC Director General

The functions of RCDCs include:
a) Prevention, control, and surveillance of diseases;

b) Provision of laboratory services for detection and identification of infectious
disease agents from human, environmental samples, and food;

c) Maintenance of an integrated data management system;

d) Implementation of quality assurance programs for clinical and environmental
laboratories through training, consultation, certification and proficiency testing;

e) Policy development;
f)_ Emergency response;

g) Public health-related research;
h) Training and education;

i) Maintenance of infectious disease hospitals for referral and management of
cases;

j) Establishment of strong communication networks; and,
k) Other functions that may be assigned by the Director General.

The RCDCs shall be composed of specialists in the fields of infectious diseases,
public health epidemiology and similar fields

SECTION 9. Structure and Staffing Pattern. -

a) The CDC shall initially have the following offices, each to be headed by an
officer with the salary and rank of Director IV:

1. Center for Epidemic Intelligence and Disease Surveillance;
2. Center for Research, Training, and Reference Laboratory;

3. Center for Infectious Disease Emergency Preparedness and
Response;

4. Center for Policy and Program Development;

5. Communications Office; and


6. Administrative and Finance Office.

b) The CDC Director General, subject to the issuance of an executive order by
the President and approval of the Department of Budget and Management
(DBM), may create or abolish units, offices, or centers as needed to carry out
all provisions of this Act.

c) The CDC Director General, in consultation with the DOH and the DBM, shall:

1. Develop the organizational structure of the CDC at the national,
regional, and local levels;

2. Determine the divisions and specific functions of each unit, center, or
office of the CDC; and

3. Determine the staffing pattern, qualification standards, compensation,
and position classification plan for the CDC subject to the approval of
the Civil Service Commission (CSC) and the DBM.

SECTION 10. Qualifications Standards for Appointment and Promotion. - The
DOH shall, in consultation with the CSC, and pertinent agencies as may be
necessary, develop the qualification standards in terms of education, training and
experience for all technical and non-technical positions in the CDC, and the system
for promotion and succession pian in the CDC.

SECTION 11. Continuing Competency Development Program. - The CDC shall,
through the Director General, devise and implement a continuing competency
development program whereby all core personnel shall be required to update and
enrich competencies through attendance in programs, studies, researches.
fellowships, workshops, seminars, including training opportunities in reputable
foreign CDCs. Compliance with the Continuing Competency Development Program
shall be the mandatory basis for promotion within the CDC. The CDC shall develop
mechanisms to tap funding opportunities to implement its Continuing Competency
Development Program.

SECTION 12. Modernization Program. - The Director General shall, in consultation
with the DOH and other concemed agencies of government and the private sector,
develop a modernization program that will strengthen the human health resource of
the CDC, which is the key component of the country's disease prevention and
control policy. The modernization program shall include the acquisition and
upgrading of appropriate technologies, laboratories, facilities, equipment, other
needed resources and the needed relocation and acquisition of additional land or
location that would house the CDC.


Within one hundred eighty (180) days after the effectivity of this Act, the Director
General shall, upon the recommendation of the DOH and DBM Secretaries, submit
the modernization program for the consideration and approval of Congress in a joint
resolution of the House of Representatives and the Senate.

The modernization program shall be implemented over a period of five (5) years.

Appropriations for the modernization program shall be provided in the annual
General Appropriations Act (GAA).

SECTION 13. Strengthened Epidemiology, Public Health Surveillance, and
Research Capacities. - To ensure the epidemiology and public health surveillance
services are efficient and responsive, and public health surveillance and research
capacities are strengthened and updated to international standards, the CDC shall

a) Prioritize investments in upgrading of ICT and adequate and capacitated
human resources for epidemiology, public health surveillance, and public
health and clinical research;

b) Have a premier facility for clinical laboratory, epidemiologic and
implementation research, and training on infectious and tropical diseases;

cc) Develop performance-based incentives to private health facilities with
established epidemiology and surveillance functions;

d) Re-nationalize local epidemiology and surveillance units (LESUs) that will
solely provide epidemiology and disease surveillance services and provide
assistance to the LGUs in the establishment and maintenance of surveillance
systems, data management, and generation of strategic epidemiologic
information: Provided, That the DOH, CDC, and DBM, shall develop the
staffing pattern and qualification standards: Provided, further, That LESUs
shall be under the direct supervision and control of the Regional CDCs;

) Retain and provide incentives to technical experts, practitioners and
scientists, whereby the scientific career system is adopted, allowing them to
continue their respective clinical and professional practice to pursue research
studies and receive grants and honoraria, in consultation with the CSC.
Qualified employees of the CDC and its attached units shall be covered by
Republic Act No. 8439, otherwise known as “Magna Carta for Scientists,
Engineers, Researchers and Other Science and Technology Personnel in
Government;”

f) Develop and implement training and research programs to develop more
experts and practitioners in the field of epidemiology, and disease prevention
and control; and,


g) Develop a mechanism to ensure interoperability and accessibility of
surveillance systems.

SECTION 14. Strengthened Disease Surveillance and Response. - The CDC
shall establish integrated disease surveillance and response systems utilizing,
whenever necessary, all technological means available while ensuring that data
privacy and patient confidentiality are maintained. The CDC and authorized public
health authorities shall have complete access and right to collect personal
information and other data, as may be deemed necessary in fulfilment of their
mandate. All data or information and samples collected pursuant thereto shall be
used for public health concern purposes only and shall be exempted from the
provisions of Republic Act No. 10173, otherwise known as the “Data Privacy Act of
2012” on accessibility of data

SECTION 15. National Reference Laboratories. — The CDC shall establish a new,
state of the art facility that will serve as the National Reference Laboratory (NRL),
unifying all NRLs for biological, chemical, nuclear and radiologic emergencies under
one roof, within five (5) years from the effectivity of this Act: Provided, That the
existing NRLs in the East Avenue Medical Center, Philippine Heart Center, Lung
Center of the Philippines, National Kidney and Transplant Institute and San Lazaro
Hospital shail continue to be under the respective hospitals: Provided, further, That
these existing NRLs shall serve as referral laboratories of the CDC and be included
in the Modernization Program of the CDC.

The NRL shall provide technical recommendations, laboratory confirmatory services,
training, and external quality assurance, and perform surveillance, outbreak
response, kit evaluation, and research. It shall oversee the functions and
performance of the network of subnational laboratories (SNL).

SNLs shall be established in all regions, with the capability of conducting
confirmatory testing for routine surveillance samples and performing specialized
tests. SNLs, whose functions include testing for routine surveillance and specialized
tests, shall be under CDC administratively. Hospitals housing the SNLs shall create
a separate unit for their regular hospital laboratory needs.

The CDC, through the NRLs and SNLs, shall provide technical guidance and quality
assurance programs to biosafety levels 2, 3 and 4 laboratories in the country, which
shall be registered with, and regulated by the DOH.

SECTION 16. Authority to Solicit, Negotiate, and Receive Donations, Grants,
Gifts, Legacies, Endowments, and Contributions. - The CDC may solicit,
negotiate with, and receive from any public or private domestic or foreign sources


legacies, gifts, donations, grants, endowments, contributions or other transfers of
ownership and/or possession of real or personal properties of all kinds in favour and
for the benefit of the CDC, which shall be all part of the special account in the
general fund managed by the Bureau of Treasury.

The Director General shall prescribe the measures necessary for the proper use,
maintenance, safekeeping, and compliance with the terms and conditions, if any, of
said donations, grants, endowments, contributions or transfers in accordance with
pertinent accounting and auditing laws, rules and regulations.

SECTION 17. Tax Exemptions. - Donations, grants, gifts, endowments, legacies,
and contributions used actually, directly and exclusively for the purpose of the CDC
shall be exempt from donor's tax and the same shall be considered as allowable
deduction from gross income for purposes of computing the taxable income of the
donor, in accordance with Sec. 34 (H)(2)(a) of the National Internal Revenue Code of
1997, as amended. Likewise, such other transfers of ownership and/or possession of
real or personal properties of all kinds shal! be exempt from all taxes.

SECTION 18. Joint Congressional Oversight Committee. — There shall be a Joint
Congressional Oversight Committee on Disease Prevention and Control, jointly
chaired by the Chairpersons of the Senate Committee on Health and Demography,
and the House of Representatives Committee on Health. It shall be composed of five
(5) members from the Senate and five (5) members from the House of
Representatives, to be appointed by the Senate President and the Speaker of the
House of Representatives, respectively.

SECTION 19. Appropriations. — The initial amount needed for the implementation
of this Act shall be charged against the current year’s appropriations of the offices
and the RITM herein absorbed by the CDC. Thereafter, the funding of which shall be
included in the annual GAA.

SECTION 20. Transitory Provisions. —

a) Upon effectivity of this Act, the CDC shall develop a Framework for Infectious
Diseases and Pandemic Preparedness, and prioritize the strengthening of the
following functions:

1. Integrated disease surveillance and response;
2. Sentinel surveillance;

3. Laboratory-based surveillance;


4. Periodic population-based surveillance; and,
5. Preventing transmission of communicable diseases

b) The CDC shall initially prioritize disease surveillance and prevention and
control of infectious diseases. Within five (5) years from its creation, and upon
positive recommendation by an independent study or body commissioned by
the DOH, the surveillance, prevention and control of non-communicable
diseases shall be included in its mandate;

c) For the year during which this Act was approved, the unexpended portion of
the budget for the offices and units transferred shall be utilized for establishing
the CDC and initiating its operations, including the formulation of the rules and
regulations necessary for the implementation of this Act;

) To the greatest extent possible and in accordance with existing laws, all
employees of the affected offices, agencies and units shall be absorbed by
the CDC. Personnel hired on a permanent basis and with appointments
attested by the CSC who may be affected by the transition of DOH units to
CDC, or who will not be absorbed in the new positions of the new staffing
pattern of the different offices in the CDC, shall have the option to:

1. Be transferred to other units or offices within the DOH without reduction
in pay; or

2. Avail of the applicable retirement benefits as provided under Republic
Act No. 6656, entitled “An Act to Protect the Security of Tenure of Civil
Services Officers and Employees in the Implementation of Government
Reorganization” and other relevant laws;

e) Incumbent DOH officials and employees of affected DOH offices may apply
for and be transferred to the CDC, subject to an evaluation of their
competency and CSC regulations;

f) Research grants acquired during the transition of DOH transferred units to
CDC shall be utilized solely for the grants’ intended purposes for each of the
affected units or offices and shall not be made available for budget
realignments;

g) Existing contracts and agreements entered into by the affected offices with
third parties prior to the enactment of this Act shall remain valid.

The DBM, DOH, and CSC shall issue the implementing guidelines to ensure fair,
orderly, and transparent implementation of paragraphs (e) and (f) of this section.

SECTION 21. Implementing Rules and Regulations. — Within one hundred and
twenty (120) working days from the effectivity of this Act, the DOH Secretary shall
promulgate the necessary rules and regulations for its implementation.


SECTION 22. Separability Clause. — \f any portion or provision of this Act is
declared invalid or unconstitutional, other provisions hereof shall remain in full force
and effect.

SECTION 23. Repealing Clause. — All laws, decrees, orders, rules, and regulations
or other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 24. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved,