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Quezon City, Metro Manila eG y

Eighteenth Congress
Second Regular Session

HOUSE BILL NO. __ 8017

Introduced by Representative Jericho Jonas B. Nograles

EXPLANATORY NOTE

This bill seeks to ensure the continuity of essential response and recovery
interventions with respect to the COVID-19 vaccine, amending for the purpose
Republic Act No. 11494, otherwise known as the “Bayanihan to Recover As
One Act.”

The world is now scrambling in tracking the pandemic, administering
critical interventions, and distributing vital medical supplies to those afflicted
with COVID-19. There are more than 100 potential COVID-19 vaccines that
are in the phases of clinical trial and testing. If successfully developed, these
vaccines may put an end to the spread of the deadly virus at the earliest possible
time. The goal of equitable and immediate access to the COVID-19 vaccine
must be ascertained.

Republic Act No. 11494 was enacted in anticipation of the commercial
availability of the vaccines by the end of 2020. Many potential COVID-19
vaccines, to date, are still going through the three-stage clinical trial process and
the results are expected to be reported by the end of 2020 or early 2021. After
the clinical trials, the results must be verified and approved by regulatory
agencies before any large-scale production and commercial distribution of
vaccine in the market may commence.

While waiting for a safe COVID-19 vaccine, there is a necessity to
extend the validity of paragraphs (d), (s) and (cc) of Section 4 and Section 12 of
the “Bayanihan to Recover As One Act” until December 31, 2022 to ensure the
continuity of the essential COVID-19 response and recovery interventions.

GEPRESEN

NOV 1 7 2020



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

JERI He B. N@GRALES


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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

HOUSE BILL NO. __ 8017

Introduced by Representative Jericho Jonas B. Nograles

AN ACT

ENSURING THE CONTINUITY OF ESSENTIAL RESPONSE AND
RECOVERY INTERVENTIONS AWAITING THE COVID-19
VACCINE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
11494, OTHERWISE KNOWN AS “BAYANIHAN TO RECOVER AS ONE
ACT”
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Section 4 of Republic Act No. 11494 is hereby amended to
read as follows:

“SEC. 4. COVID-19 Response and Recovery
Interventions. — Pursuant to Article VI, Section 23(2) of the
Constitution, the President is hereby authorized to exercise
powers that are necessary and proper to undertake and

implement the following COVID-19 response and recovery

interventions:

NOV 17 2020


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“(a) Following the World Health Organization (WHO) or
the United States Centers for Disease Control and Prevention
guidelines and best practices x x x;

(xxx)

“(d) Delivery of uninterrupted immunization program
against vaccine preventable disease especially on children amidst
the COVID-19 pandemic, including vaccine for COVID-19;

(xxx)

“(s) Ensuring that donation, acceptance and distribution of
health products intended to address the COVID-19 pandemic are
not unnecessarily delayed and that health products for donation
duly certified by the regulatory agency or their accredited third
party from countries with established regulation shall
automatically be cleared: Provided, That this shall not apply to
health products which do not require a certification or clearance
from the FDA;

(xxx)

“(cc) Liberalization of the grant of incentives for the

manufacture or importation of critical or needed equipment or

supplies or essential goods for the carrying-out of the policy


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declared herein, including health care equipment and supplies:
Provided, That the exemption from import duties, taxes, and
other fees for manufacture or importation of critical equipment
or essential goods shall be determined by the Bureau of Customs
(BOC) and the Bureau of Internal Revenue (BIR), respectively:
Provided, further, That limitations and restrictions to the sale,
distribution, and trade of the foregoing goods, equipment or
supplies may be imposed to prevent shortage of supply and to
ensure that the prices thereof remain reasonable, giving priority
and preferences to the needs and safety of health workers and
frontliners, violations of which shall be punishable under Section
16 of Republic Act No. 7581 or the “Price Act”, as amended.
For this purpose, critical products, equipment or supplies or
essential goods shall include the following: (1) goods referred to
in Section 4(u)(1) hereof related to the containment or mitigation
of COVID-19; (2) equipment for waste management, including
but not limited to, waste segregation, storage, collection, sorting,
treatment and disposal services: Provided, furthermore, That
these said equipment and technologies and services are approved

by the Department of Environment and Natural Resources


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(DENR), DOH or other concerned regulatory agencies; (3)
inputs, raw materials and equipment necessary for the
manufacture or production of essential goods referred to in
Section 4(u)(1) hereof related to the containment or mitigation of
COVID-19: Provided, furthermore, That for the purpose of
qualifying for exemption from import duties, taxes, and other
fees and ensuring supply of PPE at competitive prices, DTI shall
certify that the equipment and supplies being imported are not
locally available or of insufficient quality and preference:
Provided, finally, That preference is given to products, materials
and supplies produced, made or manufactured in the Philippines;
(xxx).

“PARAGRAPH (D) ON THE DELIVERY OF
UNINTERRUPTED IMMUNIZATION PROGRAM
AGAINST COVID-19, PARAGRAPH (S) ON THE
DONATION, ACCEPTANCE AND DISTRIBUTION OF
HEALTH PRODUCTS INTENDED TO ADDRESS COVID-
19, AND PARAGRAPH (CC) ON THE LIBERALIZATION
OF THE GRANT OF INCENTIVES FOR THE

MANUFACTURE OR IMPORTATION OF CRITICAL OR


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NEEDED EQUIPMENT, SUPPLIES OR ESSENTIAL
GOODS UNDER THIS SECTION, SHALL REMAIN IN
EFFECT UNTIL DECEMBER 31, 2022 TO ENSURE THE
CONTINUITY OF THESE ESSENTIAL
INTERVENTIONS UNTIL A SAFE COVID-19 VACCINE

IS AVAILABLE.”

SEC. 2. Section 12 of Republic Act No. 11494 is hereby amended to

read as follows:

“SEC. 12. Procurement of COVID-19 Drugs and Vaccine.
— Notwithstanding any law to the contrary, the requirement of
Phase IV trials for COVID-19 medication and vaccine stipulated
in the Universal Health Care Law is hereby waived to expedite the
procurement of said medication and vaccine: Provided, That these
are recommended and approved by the WHO and/or other
internationally recognized health agencies: Provided, further, That
the minimum standards for the distribution of the said medication
and vaccine shall be determined by the FDA and HTAC, as may
be applicable: Provided, furthermore, That nothing in this Act
shall prohibit private entities from conducting research,

developing, manufacturing, importing, distributing or selling


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COVID-19 vaccine sourced from registered pharmaceutical
companies, subject to the provisions of this Act and existing laws,
rules and regulations: Provided, finally, That this section shall

remain in effect [three—3} Hhs—afier December 192020]

UNTIL DECEMBER 31, 2022.
SEC. 3. This Act shall take effect immediately upon its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,