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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
4794

House Bill No.

Introduced by Representative Cyrille “Beng” F. Abueg-Zaldivar

EXPLANATORY NOTE

The State espouses the advancement of a healthy population. Article
XVIIL, Section 11 of the 1987 Philippine Constitution asserts that, “the State
shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other
social service available to all the people at affordable cost. There shall be
priority for the needs of the under-privileged, sick, elderly, disabled, women,
and children.”

This measure is crafted to mandate the local government units (LGUs)
to apportion a fraction of their Internal Revenue Allotment for the
procurement and distribution of free medicines to indigent patients in their
jurisdictions. This is a poverty alleviation program to increase access of the
people to unrestricted distribution of medicines. This is to provide assistance
to indigent patients so that they can immediately avail of needed medicines.
Truly, the public should be accorded the right to adequate healthcare as
provided for by the Constitution, with the goal of improving the overall
health and well-being of the people, especially those in need.

According to some studies, medicines are generally expensive in the
Philippines. Medicines in the Philippines are 5 to 30 times more expensive
than those in other parts of Asia. In public facilities and community-based
outlets where generic drugs are more widely available, and could be accessed
free or at lower-prices by the poor, inadequate and irregular supplies limit
access to medicines. Despite some serious efforts, generic drugs have made
little headway in the country since the Generics Act of 1988 was passed.
Other efforts to improve procurement and distribution of drugs at the
community level, such as the Botika sa Barangay, have been attempted, but
these are largely small-scale and unsustainable in the long run. Thus, patients


with serious illnesses that require prescription medicines may be unable to
purchase and take medicines. To address the problem of equity and poverty,
the LGUs need to adopt a program that meets the basic needs of the
marginalized sector such as easy access to quality medicines.

Better health outcome of the poor would contribute to wider poverty
reduction, would enable more of the poor to participate in and benefit from
economic growth, and would address a major source of dissatisfaction among
the poor, thereby contributing to greater social stability in the country.

In view of the import of this measure, its immediate passage into law is

earnestly sought.
CYRILLE sil ', ABUEG-ZALDIVAR

Representative
Second District of Palawan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

i 4794
House Bill No.

Introduced by Representative Cyrille “Beng” F. Abueg-Zaldivar

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

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

SECTION 1. It shall be the declared 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 which shall endeavor to make
essential goods, health, and other social services available to all the people,

especially the underprivileged at affordable cost.

SEC. 2. All local government units (LGUs) are hereby mandated to earmark
a portion of their Internal Revenue Allotments (IRA) for the purchase of medicines
for free distribution to indigent patients through the public hospitals, clinics, health

centers, and dispensaries within their jurisdictions.

Indigent patient refers to one who has no means of visible income or whose
income is insufficient for the subsistence of his or her family as certified by the
barangay concerned and the city or municipal social welfare and development

office.


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The concerned barangay shall maintain a directory of indigent patients
residing within its jurisdiction.

SEC. 3. In the distribution of free medicines, the LGU shall issue the
appropriate document to ensure that the free medicines are properly dispensed to

deserving recipients.

Public hospitals, health centers, clinics, and dispensaries shall cooperate and
coordinate with the LGUs concerned in the implementation of this Act.

SEC. 4. The following acts shall constitute offenses under this Act:

1. Diversion or the use for other purposes of the funding allocated for free
medicines as mandated in this Act;

2. The dispensing or distribution of the medicines acquired under this Act
other than to indigent patients;

3. Falsification of the indigency of a patient;

4. Falsification of procurement or distribution of free medicines under this
Act;

5. Procurement of expired medicines or those expiring within one (1) year

from the date of purchase for purposes of this Act.

SEC. 5. Any person found guilty of committing any of the offenses
enumerated in the preceding section shall be meted the penalty of not less than one
(1) year but not more than ten (10) years of imprisonment, perpetual
disqualification from public office, and/or fine of not less than one hundred
thousand pesos, at the discretion of the court.


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SEC. 6. Within sixty (60) days from the effectivity of this Act, the Department
of Interior and Local Government, in coordination with the Department of Health,
shall promulgate the necessary rules and regulations for the proper
implementation of this Act.

SEC. 7. If any provision of this Act is declared unconstitutional, the
remainder of this Act or any provisions not affected thereby shall remain in full
force and effect.

SEC. 8. All laws, executive orders, presidential decrees, proclamations,
tules, regulations, issuances and enactments of parts thereof inconsistent with this

Act are hereby repealed or modified accordingly.

SEC. 9. This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in a newspaper of general circulation.

Approved,