FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )
HOUSE OF REPRESENTATIVES
Hous#'Bill No. 4855

introduced by Representative Rufus B. Rodriguez and
Reprasentative Maximo B. Rodriquez, Jr.

EXPLANATORY NOTE

The 1987 Philippine Constitution Article II section 15 states that "The State shall
protect and promote the right to health of the people and instill health consciousness
among them. This so-called health consciousness refers to the ability of the state and
its citizens to identify what could be beneficial to the wellbeing of every one. it could be
achieved through scientific, ethical and cost-effective studies and providing an enabling
environment for them to participate and conduct actual researches. Moreover, the
research outputs could provide significant inputs in crafting national or focal policies or
developing health products and interventions.

Furthermore, the Constitution Article XIll section 11 states that “The State shalt
adopt 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 at affordable cost.” The Philippine National Health Research System is one such
approach. It aims to institutionalize the existing strategy in identifying research priorities
and in the actual conduct of research in order to maximize our limited resources to
benefit the greater majority and to meet or even surpass international benchmarks in
terms of health statistics.

It is in this light that the Philippine National Health Research System Bill is being
submitted. This system will address health and other cross-cutting issues such as
climate change and environment, population, mental health, and occupational safety.
In view of the foregoing, immediate passage of this bill is eamestly requested
4

RUFUS B. ROBRIGUEZ

MAXIMO 8. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
Houst Bil No, 4855

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
INSTITUTIONALIZING THE PHILIPPINE NATIONAL HEALTH RESEARCH
SYSTEM, ESTABLISHING THE PHILIPPINE NATIONAL HEALTH RESEARCH FUND
PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES

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

Article 1

SECTION 1, Short Title, — This Act shall be known as the “Philippine National Health
Research System Act of 2011".

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote the right of health to the people and instill health consciousness

among them; and improve the quality of life of every Filipino through health research
and development initiatives.

SECTION 3. Definition of Terms. — For purposes of this Act, the term:

(A)*Health’ is defined as a state of optimal physical, mental and social well-being
and ability to function at the individual level.

(8)'Research and Development” (R & D) for health refers to the generation of
knowledge on all aspects of health, the factors affecting it, and ways of
promoting, protecting and improving it.

(CyPhilippine National Heaith Research System (PNHRS)" is a framework
anchored on the principles of Essential National Health Research on
inclusiveness, participation, quality, equity, efficiency and effectiveness, which
connect to, and converge with, the wider health, economic, political, educational
and science and technology (S & T) systems of the country.

(D) “Philippine Health Research Ethics Review Board (PHREB)" is a national
policymaking body on health research ethics, created under Department Special


Order mandated to ensure that all phases of health research shall adhere to the
universal ethical principles that value the protection and promotion of the dignity
of health research participants.

(E)"Regionat Health Research Systems” refers to the regional health research
consortia or communities in the 17 regions of the country which mirror the
PNHRS framework at the regional level.

(F)'National Unified Health Research Agenda” is a set of research priorities
determined by the country's stakeholders which addresses the health needs of
the population vis-a-vis the health sector's goal for universal health care. This
agenda is a platform to advocate for local, national, and international support.

(G)‘Core agencies” refer to the principal national health and health research
related agencies namely: the.

{H) ‘Philippine National Health Research Fund (PNHRF)” refers to a special fund
which by legislative action segregates specified revenues for heath research
purposes.

(1) "Health research stakeholders” include the national and the local public and
Private agencies/organizations, policymakers, the academe, medical and health
societies, people's and civil society organizations, and others who are concemed
with and affected by health and development

{J) “Management of Fund” - involves the generation, allocation and utilization, of
the PNHRF, including goverment and non-government sources, and both
domestic and international sources.

Article 2
The Philippine National Health Research System

SECTION 4, Institutionalization of the Philippine National Health Research System. -
The Philippine National Health Research System, initiated through a Memorandum of
Understanding between Department of Science & Technology and Department of
Health in 2003 and in 2007, is hereby institutionalized within the mandate of the
Philippine Council for Health Research and Development, which is the national
coordinating body for health research.

SECTION 5. Objectives of the Philippine National Health Research System. ~ The
PNHRS aims to improve the health status, productivity, and the quality of life of Filipinos

a) Ensuring that health research is linked to the health system needs;

b) Ensuring that investments in health research yield the most benefit;
©) Promoting good governance in research towards high performing and
ethical health research organizations;


d) Engaging in national and international partnerships and networks for health
research development; and
e) Ensuring sustainability of resources for health research.

SECTION 6. Composition of the PNHRS. - The PNHRS shall be composed of the
Goveming Council (GC), Steering Committee, the Technical Working Committees
(TWC), the Secretariat, and the whole health research community. The
interrelationships among these various components shalt be described in the IRR of this
Act.

SECTION 7. Creation of the PNHRS Governing Council, — The PCHRD Goveming
Council created under EO 784 of 1982 and EO 128 of 1987, shall be the Governing
Council of the PNHRS. Section 16 of EO 128 shall be amended to include Commission
‘on Higher Education and the Philippine Health Insurance Corporation (PHIC). The
PNHRS Governing Council membership is as follows

(1)The Secretary of the Department of Science and Technology (DOST), as

Chair;

(2)The Secretary of the Department of Health (DOH) as Co-Chair;

(3)The Chair of the Commission on Higher Education (CHED);

(4)The Chancellor of the University of the Philippines Manila (UPM);

(5)The President of the Philippine Health Insurance Corporation;

(6)The National Nutrition Council Executive Director;

(7)The PCHRD Executive Director, and

(8)-(11) Representatives from the Private Sector

SECTION 8. Functions of the PNHRS Goveming Council. - The PNHRS Governing
Council shalt:

a) set policies and directions for the PNHRS;

b) periodically review and approve the long-term plans and programs of the
PNHRS;
evaluate and approve the National Unified Health Research Agenda, and
identify areas that will serve as the foci of the National Health Research
Agenda;
establish the criteria for individuals/groups/institutions which can apply for
grants for the approval of the projects and programs;
review and approve grants and/or donations to any govemment agency
related to health research from the private sector, domestic and international
funding agencies;
f) review and approve research programs; and
9) create committees as the need arises.

©)

d)

SECTION 9. Creation and Functions of the Steering Committee. -
a) The Governing Council shall create a Steering Committee, headed by the PCHRD
executive director, composed of the following:


1. Executive Director, Department of Science and Technology-Philippine
Council for Health Research and Development (DOST-PCHRD),

2. Director, Department of Health-Health Policy Development and Planning
Bureau (DOH-HPDPB);

3. Director-Commission on Higher Education, Office of Policy, Planning,
Research and Information (CHED - OPPR}};

4. Executive Director, University of the Philippines Manita- National Institutes
of Health (UP NIH);

5. Director of the Social Development Services of National Economic and
Development Authority (NEDA);

6. Representative from the Philippine Health Insurance Corporation (PHIC);

7. Representative from the National Statistics Office (NSO);

8. Representative from the Professional Regulations Commission (PRC);

9. Representative from the DOTC-Land Transportation Office (DOTC — LTO);

10. Representative from the DENR-Environment Management Bureau (DENR
—EMB);

11.Chair, Philippine Health Research Ethics Review Board (PHREB);

12. Representative from the Local Government Units (LGUs); and

13.Chairs of relevant PNHRS Technical Working Committees

b) The functions of the Steering Committee are as follows:
1. recommend policies to the Governing Council:
2. perform oversight function on the implementation and harmonization of PNHRS
activities and allocation of PNHRS Fund;
3. monitor and report the progress of the PNHRS programs and utilization of
PNHRS funds to the Gaveming Council.

SECTION 10. Creation of Technical Working Committees. - The Governing Council
shall create Technical Working Committees aligned with research themes which are
based on the country's health needs and the six building blocks of the World Health
Organization (WHO) to attain universal healthcare.

The Committees shail develop and monitor their respective strategic plans. They
‘shall work closely with the stakeholders and the Secretariat.

SECTION 11. The Philippine Health Research Ethics Review Board (PHREB). —
PHREB, created under DOST Special Order 091 s. 2006 shall ensure adherence to the
universal principles for the protection of human participants in research. It shall, among
other things, 1) formulate and update guidelines for the ethical conduct of human heaith
research; 2) develop guidelines for the establishment and management of ethics review
committees and standardization of research ethics review; 3) monitor and evaluate the
performance of institutional ethics review committees in accordance with procedures
outlined in a prior agreement; 4) promote the establishment of functional and effective
ethics review committees; 5) provide advice and make recommendations to the PNHRS
Governing Council and other appropriate entities regarding programs, policies and
regulations as they relate to ethical issues in human health research; 6) initiate and


contribute to discourse and discussions on ethical issues in human health research; and
7) network with relevant iocal, national and intemational organizations.

SECTION 12, The Executive Director and Secretariat. - The PCHRD Executive
Director shall be responsible for, among others, the coordination and oversight functions
of the System assisted by the PCHRD secretariat.

SECTION 13. Regiona! Health Research Systems. — The PNHRS framework shall be
mirrored in all the regions of the country, forming a network of regional research
consortia. The consortium set-up varies depending on the culture and resources of the
region. Each regional health research system shall address concems relating to health
research agenda, development of human resource in health research, conduct of
researches, dissemination of research results, research utilization, resource
mobilization, teadership and management.

Article 3
The Philippine National Health Research Fund

SECTION 14, Creation and Nature of the Philippine National Health Research Fund
({PNHRF). - To pursue the objectives of the PNHRS, a Philippine National Health
Research Fund is hereby created.

SECTION 15. Uses of the PNHRF. — The main objective of this fund is to provide
sustained financial support for knowledge management and its translation into efficient
and effective health policies and service delivery. a strengthened health care system;
and improved health for all Filipinos. It shall ensure that the Government invests in
health research as part of its commitment to secure the well-being of its citizens.
‘Specifically, it shall be utilized for any or all of, but not limited to, the following:

(A)support quality ethical research and the application of ethical principles to
health research and development activities;

(2)create a robust health research environment in the Philippines that will attract,
develop and keep excellent researchers and provide them with the opportunity to
contribute to the improvement of people's health in the country and the world;

(3)fulfill an integrated health research agenda across disciplines, sectors and
regions that reflect the emerging health needs of Filipinos and the evolution of
the health system, and that supports health policy making;

(4)promote research that meets the highest international scientific standards of
excellence and ethics and that pertain to all aspects of health, including
biomedical research, clinical research, health systems, health services, the
health of populations, societal and cultural dimensions of health and
environmental influences on health;


{Sjaddress emerging health opportunities, threats and challenges (eg
swine/avian flu, SARS) and accelerate the discovery of cures and treatments and
improvements to healthcare, prevention and wellness strategies;

(6)promote the dissemination of research-based knowledge, technologies, and
innovations and the application of health research to improve the health of
Filipinos and, provide support for the participation of Filipino health scientists in
intemational collaboration and partnerships in health research.

SECTION 16. Sources of Philippine National Health Research Fund (PNHRF) and
Method of Collection. —

(a) Tre PNHRF shall be sourced out from the following agencies, but not limited

Be “Ten percent (10%) of the allowable administrative expense of the
Philippine Health Insurance Corporation (PHIC);

2Three percent (3%) of the annual revenue collected by the National
Statistics Office (NSO) from birth, marriage and death certificate
issuances;

3.Ten percent (10%) of the total fees collected by the Professional
Regulation Commission (PRC) from the issuance and renewal of all
professional licenses in the health profession;

4.Ten pesos (P10.00) for every motor vehicle transaction at the
Department of Transportation and Communications-Land Transportation
Office (DOTC-LTO);

5.One percent (1%) of the total revenues generated by the Department of
Environment and Natural Resources from fines and penalties
collected under the Clean Air Act and the Clean Water Act;

6.Other appropriations from the General Appropriations Act; and

7.Donations and grants from the private sector, domestic and international
sources duly accepted/approved by the GC which do not constitute a
breach of Philippine laws and recognized international treaties.

(b)

All agencies mentioned in the preceding paragraph are hereby directed to
automatically remit semi-annually the amount prescribed by this Act to the
specified account established by the GC on or before the 31% day of
January and July of each year. This does not preclude the agencies
including the private sector from making advance contributions provided
they fall within the specifications of this Act.

(©) The rates indicated in subparagraph (a) hereof shall be reviewed and
updated every five (5) years.

SECTION 17. Management and Allocation of the PNHRF. - The GC shall collect,
manage and allocate the PNHRF in accordance with the generally accepted accounting
and auditing rules and regulations.


Article 4
Final Provisions

SECTION 18 Monitoring, Evaluation, Accountabilities, and Annual Report. — Regular
monitoring and evaluation mechanisms shall be done by the GC through the secretariat
to determine the accountabilities of the System to the Contributing Agencies. The
specifics/details of monitoring, evaluation, accountabilities and annual reporting shall be
provided for in the Implementing Rules and Regulations of this Act.

SECTION 19. Implementing Rules and Regulations. - The Department of Science and
Technology-Philippine Council for Health Research and Development (DOST-PCHRD),
the Department of Health (DOH)), the Commission on Higher Education (CHED), and
the University of the Philippines Manila- National Institutes of Health ((UPM-NIH) shall
promulgate the Implementing Rules and Regulations of this Act within 60 days after the
effectivity hereof.

SECTION 20. Separability Clause. — if any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 21. Repeating Clause. - Any law, Presidential Decree or issuance, Executive
Order, Letter of Instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,