Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6688

Introduced by Representative FLORIDA “RIDA” P. ROBES

EXPLANATORY NOTE

The Constitution, Article II, Section 15, provides that “the State shall protect and
promote the right to health of the people and instill health consciousness among
them.”

Despite early warnings from scientists and handful medical experts on a
emergence of a pandemic similar to the deadly and devastating Spanish flu in
1918, countries all over the globe, including the Philippines, were caught
tragically unprepared by the severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2) or what is commonly known as Covid-19.

Covid-19 has so far infected more than 2 million people worldwide and killed
more than 200,000 individuals. It has caused a tremendous public health crisis
and is expected to put many countries, including the so-called economic super
powers like the United States, Italy, France, Germany and Japan, among others
into recession.

The Covid-19 pandemic should serve as a lesson to all of us to be prepared for
any public health emergency.

This bill is aimed at making the Philippines better prepared to face another
Covid-19 pandemic or any public health emergency in the future. This bill also
takes into account the experiences and lessons learned by the country’s
experiences in the handling of Covid-19, Middle East Respiratory Syndrome
(MERS) and the SARS-COV-1 in the 2000s to come up with a strengthened
national response and preparedness for public health emergencies, including an
over-all strategy, policies and institutional and management structures, that are
geared at helping all communities cope with a public health emergency.


A preparedness plan will reduce transmission of the pandemic virus, lessen
cases of hospitalization and deaths, and maintain essential services to reduce
its possible adverse economic and social impacts.

In sum, this bill is geared towards establishing a pandemic emergency plan
to enable the Philippines to be better equipped for another pandemic by
recognizing and managing any public health emergency.

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

Rep. FLO! 1A “RIDA” P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

§688

Introduced by Representative FLORIDA “RIDA” P. ROBES

AN ACT
ESTABLISHING A PANDEMIC AND OTHER PUBLIC HEALTH
EMERGENCY PREPAREDNESS PLAN AND APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be known as the “Pandemic and Other
Public Health Emergency Preparedness Act of 2020.”

Section 2. Declaration of Policy. - The State shall likewise endeavor to
efficiently and immediately address all potential and actual public health
emergencies for the promotion of the general welfare of the people.

While considering national sovereignty, territorial integrity, national interest
and the right to self-determination paramount in its relations with other
states, the State shall, at all times, give paramount importance to the health
of its citizens whether in the country or overseas, in general, and Filipino
migrant workers, in particular.

Section 3. Deiinition of Terms.-

(a) Public Health Emergency - an occurrence or imminent threat of an
illness or health condition, caused by bio-terrorism, epidemic or
pandemic disease or a novel and highly fetal infectious agent or
biological toxin, that poses a substantial risk of a significant number
of human facilities or incident or permanent or long-term disability
(WHO/DCD, 2001);



(b) Pandemic - refers to an epidemic occurring worldwide, or over a very
wide area, crossing international boundaries, affecting a large
number of people;

(c) Quarantine - refers to separate and restriction of movement of
persons who are exposed or may be infected to protect public from
disease. Quarantine may be practiced by individuals in their homes;

(d) Isolation — refers to separation or restriction of movement of an ill
person from healthy persons by way of seclusion in hospitals or
designated health care facilities;

(e) Social distancing - also called physical distancing in which space of
at least two (2) meters is maintained at least between and among
persons in a public place. It also refers to a prohibition of mass
gatherings of fifty (50) persons or more and avoidance of crowded
places.

(9 Health Care Facility - means any institution, building or agency or
portion thereof that is used, operated or designated to provide health
services, medical treatment, or nursing, rehabilitative or preventive
care to any person or persons;

(g) Health Care Provider — refers to any person or entity providing health
care services including, but not limited to, hospitals, medical clinics
and offices, special care facilities, medical laboratories, physicians,
pharmacists, physician assistants, nurse practitioners, registered
and other nurses, paramedics, medical and laboratory technicians,
and ambulance and emergency medical workers;

(h) Frontline Worker - any worker who performs any task essential to
keep vital services in motion during a public health emergency
despite great risk to himself and his family.

I. THE PANDEMIC AND OTHER HEALTH EMERGENCY COUNCIL

Section 4. Pandemic Emergency Council. - The Pandemic and Other Health
Emergency Council (The Council) is hereby established composed of the
following: the Secr-tary of Health as ex-officio Chairman of the council, with
the Secretaries of i: Departments of Interior and Local Government, Labor
and Employment, Forcien Affairs, Justice, Tourism, Transportation, Trade
and Industry, Agriculture and Budget and Management, Administrator of the
Philippine Overseas Employment Association (POEA), President of the
Philippine Health Insurance Corporation (PhilHealth) as ex-officio members,
and three representatives from the private and health sectors.

The Council shall convene within thirty (30) days following the approval of the
Implementing Rules and Regulations (IRR) of this Act. Upon organization of
the Council, it shall draw a National Pandemic and Other Health Emergency


Plan, and conduct a briefing for all local government units and health care
workers in the government sector.

The Council shall recommend to the President of the Philippines the
declaration of a public health emergency in accordance with medical
guidelines and protocols.

Section 5. Creation of the National Pandemic and Other Public Health
Emergency Plan. ~ The Council shall create a National Pandemic and Other
Public Health Emergency Plan. This strategy shall provide for integrated
policy coordination and strategic direction with respect to all matters related
to national public health and medical preparedness and execution and
deployment of national response, guidelines and protocols before, during, and
following a pandemic, epidemic or public health emergency.

Section 6. Components of a National Pandemic and Other Public Health
Emergency Plan. - The National Pandemic and Other Public Health
Emergency Plan shall include:

{a) Provisions for increasing the preparedness, response capabilities,
and surge capacity of ambulatory care facilities, dental health
facilities, and critical care service systems;

(b) Plans for optimizing a coordinated and flexible approach to the
medical surge capacity of hospitals, other health care facilities,
critical care, and trauma care and emergency medical systems;

(c) Provisions taking into account the unique needs of individuals with
disabilities in a pandemic or public health emergency;

(dj Strategic initiatives to advance counter-measures to diagnose,

mitigate, prevent or treat harm from any biological agent or toxin or

any chemical, radiological or nuclear agent or agents, whether
naturally occur“ing, unintentional or deliberate;

Conduct of perio'c evaluation of national and local preparedness

and response capa vilities which shall include drills and exercises to

ensu*> medical surge capacity for events without notice.

Section 7. Health Care Facilities and Services. - The Council, in
coordination with local government units and concerned government agencies
shall set up health care fa~lities, testing offices and laboratories, quarantine
sites and isolation centers which shall undertake pandemic prevention and
preparedness services and activities, and shall respond to any public health
emergency.


Section 8. Isolation and Quarantine of Individuals or Groups. - The
Council may, in cooperation with the concerned local chief executive,
authorize the lockdown, isolation or quarantine of individuals or groups of
individuals during a public health emergency, in accordance with existing
rules and regulations.

Restriction on the movement of persons in and out of the initially affected area
by the Council shall likewise be permitted under this Act. If evidence indicates
amplified transmission or dispersion of the infection into the wider
community, the Council shall be authorized to adapt social distancing
measures, which may include the closing of schools or cancellation of mass
gatherings.

Section 9. Privately-owned Heath Care Facilities. - The Council may
require privately owned health care facilities to provide services of its facility
in the event of a pandemic or public health emergency if government
institutions are unable to cope with the public health emergency.

Section 10. Control of Pharmaceutical Agents and Medical Supplies. —
The Council shall purchase, store or distribute sufficient quantity or ant-viral
agents for influenza and other highly communicable diseases, anti-toxins,
serums, vaccines and other pharmaceutical agents or medical supplies that
it considers advisable in the interest of preparing for or controlling a pandemic
or any public health emergency.

In the event of a pandemic or public health emergency, the Department of
Health may control, restrict and regulate the use and rationing of the
pharmaceutical products vital in the treatment or management of the
pandemic or public health emergency.

Section 11. Monitoring Program. — A comprehensive pandemic or public
health emergency monitoring program shall be established by the Council to
determ:+e and monitor the presence, magnitude and progression of any
infection -- a new strain thereof in the Philippines, and for the purpose of
evaluating i> adequacy and efficacy of the countermeasures being employed.

Section 12. Reporting Procedures. - All hospitals, clinics, laboratories and
testing centers for ny infection or a new strain thereof shall adopt measures
in assuring the reporting and confidentiality of any medical record, personal
data, and other files. The Council through its monitoring programs shall
receive, collate and evaluate all related medical reports. The Council
monitoring data base shall utilize a coding system that promotes anonymity.


Il. PROTECTION OF HEALTH CARE AND FRONTLINE WORKERS

Section 13. Vaccination of Health Care Workers. — Health care workers
involved in the care of patients shall be vaccinated with the most recent
seasonal human influenza vaccine and other appropriate vaccines as may be
determined by the Council.

Section 14. Wearing of Surgical Masks and Personal Protective
Equipment (PPE). - For their protection, health care workers and first
responders shall be provided with N95 respiratory masks and well-fitting
surgical masks and Personal Protective Equipment. Patients are likewise
required to wear surgical masks.

Section 15. Surveillance and Monitoring of Health Care and Frontline
Workers. — Health care workers shall be vigilant of the development of fever,
respiratory systems and/or other symptoms after exposure to infected
patients. Health care workers who become ill should seek medical care and
should be quarantine for fourteen (14) days or in accordance with existing
protocols unless an alternative diagnosis is established or diagnostic tests are
negative for the strain subject of the pandemic or public health emergency.

Section 16. Hazard Pay for Health and Frontline Workers. - In addition to
existing benefits provided for by law, health and frontline workers who render
actual service during a pandemic or public health emergency shall be given
hazard pay to be determined by the Council;

Section 17. Creation of Task Force on Public Health Emergencies. — A
task force under the control of the Secretary of Health shall be established in
order to conduct research necessary for the creation of the National Pandemic
and Other Public Health Emergency Plan. The Task Force shall be composed
of representatives from:

(1) The Department of Health;

(2) The National Disaster Risk Reduction and Management Council
(NDRMMC);

(3) The D -partment of Interior and Local Government (DILG);

(4) The } «ional Security Adviser; and

(5) The Philip; ‘ne National Red Cross (PNRC)

Section 18. Functions ©’ the Task Force on Public Health Emergencies.
- The Task Force shall:

a. Monitor emerging issues and concerns as they relate to medical
and public health preparedness and response for at-risk
individuals in the event of a public health emergency;


b. Identify and minimize gaps, duplication and other inefficiencies
in medical and public health preparedness and response
activities and the actions necessary to overcome these obstacles;

c. Disseminate and update novel and best practices of outreach to
and care of at-risk individuals before, during, and following
public health emergencies in as timely a manner as is practicable,
including from the time a public health threat is identified; and

d. Ensure that public health and medical information distributed by
the government during a public health emergency is delivered in
a manner that takes into account the range of communication
needs of the intended recipients, including at-risk individuals.

Section 19. Creation of Medical Reserve Corps. - The Secretary of Health
shall establish a medical reserve corps composed of volunteer health
professionals. The Medical Reserve Corps shall be called into duty if needed
during public health emergencies.

Ill. PREVENTION AND SUPPRESSION MEASURES WITHIN THE
TERRITORY

Section 20. Duty of Heads of Families, Persons-in-Charge of Places. -
Where a person living in a building used for human habitation is suffering
from infection, the head of the family or the relatives shall immediately send
notice of the same to the nearest city or municipal health office.

If it is a child attending a school, orphanage or other such situation or a
person residing in any hotel, boarding house or other such institution, the
person in charge of such a place shall send notice of the infectious disease to
the nearest city or municipal health officer and give the officer a list of
students or residents together with their addresses.

Sec ion 21. Duty of Medical Practitioners and other Health Care
Prov. ‘ers. — Every medical practitioner who attends to a patient suffering
from a\!on influenza shall send to the nearest city or municipal health office
areport s -ting the name of the patient and the situation of the building.

Any medicai -actitioner who becomes aware, by post-mortem or other
means, that any ocrson had died of an infectious disease shall immediately
give to the nearest city or municipal health office a certificate of such disease
and inform the head of the household, person in charge of school, orphanage,
hotel and so on, on the infectious nature of the disease and the precautions
to be taken to prevent its conveyance to others.


Section 22. Power of City or Municipal Health Officers. - A city or
municipal health officer may at any time enter and inspect an premises in
which he has reason to believe that someone is suffering from or had recently
suffered from any infectious disease. The city or municipal health officer may
medically examine any person in such premises for the purpose of
ascertaining whether such person is suffering or has recently suffered from
any infectious disease. He may also order the confinement of infected
individuals to prevent the transmission or spread of the suspected infectious
disease.

Section 23. Duty of the City or Municipal Health Officers. - If a city or
municipal health officer is of the opinion that the cleansing and disinfecting
of any building or any part of the building, and any articles in the building
which are likely to retain infection or would tend to prevent or check infectious
diseases, it shall be his/her duty to give notice in writing to the owner or
occupant of the building specifying the steps to be taken to cleanse and
disinfect the building and articles within a specified time.

IV. PROTECTION OF OVERSEAS WORKERS

Section 24. Medical Examination and Treatment of Overseas Workers. —
The Overseas Workers Welfare Administration (OWWA), in coordination with
the Philippine Health Insurance Corporation (PhilHealth), the Department of
Foreign Affairs (DFA), and The Council, shall undertake the medical
examination and treatment of returning overseas workers in cases of a
pandemic or similar events locally or abroad. All costs attendant to the
medical examination and treatment of returning overseas workers shall be
borne by the PhilHealth.

Section 25. Creation of Emergency Fund. - There is hereby created and
established an emergency fund for the medical examination and treatment of
overseas workers under the administration, control and supervision of the
PhilHealth initially to consist of Fifty Million Pesos (P50,000,000.00) which
shall be taken ‘tom the existing fund in trust by the PhilHealth for the benefit
of overseas workers.

Section 26. Authority of OWWA. - The functions and responsibilities of
OWWA shall include the following:


a. The formulation and implementation of measures and programs, in
consultation with appropriate agencies, to safeguard the health of
overseas workers and their families abroad;

b. The forging of memorandum of agreements with the POEA, the DOH,
the DFA, the PhilHealth and other appropriate international
organizations in connection with the purpose of this Act.

Section 27. Penalties. -

a. Penalty for Individuals who Refuse or Violate Isolation, Quarantine,
Testing, Vaccination under Section 8. - Any person who refuses
treatment, testing, examination for diagnosis or treatment or
isolation and quarantine in accordance with existing laws, rules and
regulations and to the detriment of the general public shall suffer
the penalty of imprisonment of not more than six (6) months or a
fine of not more than One Hundred Thousand Pesos (P100,000.00)
or both upon the discretion of the Court;

b. Penalty for Refusal to Provide Health Services under Section 9 of this
Act. ~ The owner, manager or administrator of a private health care
facility who refuses to give services or allow the use of its facility
during a pandemic or public health emergency shall suffer the
penalty of imprisonment of not more than one (1) year or a fine of
not more than Two Hundred Thousand Pesos (P200,000.00) or both
upon the discretion of the Court;

c. Penalty for Breach of Duty under Sections 20, 21 and 23 of this Act.
~ All persons, under a duty to inform the nearest city or municipal
health office of the infectious disease, who fail or neglect to inform
the same shall be sentenced to an imprisonment of not more than
six (6) months or a fine or note more than One Hundred Thousand
Pesos (P100,000.00) or both upon the discretion of the Court;

Section 28. Authorization of Appropriations. - To carry out the provisions
of this Act, an initicl fund of one billion pesos (P1,000,000,000.00) shall be
appropriated and such sums as may be necessary for the succeeding fiscal
year.

Section 29. Implementing Rules and Regulations. - Within thirty (30) days
from promulgation of this Act, the DOH, in collaboration with OWWA, the
POEA, PhilHealth, DOJ, and the DFA and representatives from the private


health sector shall issue necessary rules and regulations to make this Act
operative.

SECTION 30. Separability Clause. — If any part or provision of the Act shall
be held unconstitutional or invalid, other Provisions hereof which are not
affected hereby shall continue to be in full force and effect.

SECTION 31. Repealing Clause. ~ All laws, decrees, rules and regulation
inconsistent with the provision of this Act hereby repealed or modified
accordingly.

SECTION 82. Effectivity. — This shall take effect after fifteen (15) days from
its publication in two (2) national newspaper of general circulation.

Approved.