EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S.B. No. ZoQ
oil...
'19 
JUL 16 
P2--46
RECEIVED
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIA'
AN ACT
EMPOWERING THE PHILIPPINE INSTITUTE OE TRADITIONAL AND 
COMPLEMENTARY HEALTH CARE BY VESTING UPON IT REGULATORY 
POWERS, PROVIDING IT WITH AUGMENTED HUMAN RESOURCES AND 
UPGRADED EQUIPMENT, ESTABLISHING TESTING LABORATORIES AND 
FIELD OFFICES, AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 
8423 AND APPROPRIATING FUNDS THEREOF
EXPLANATORY NOTE
In 1992, the government formally recognized the vital role of traditional medicine in 
the country and launched the Traditional Medicine Program under the leadership of former 
Health Sec. Juan Flavier. In 1997. the Congress enacted RA No. 8423, otherwise known as the 
Traditional and Alternative Medicine Act (TAMA) of 1997, which created the Philippine 
Institute of Traditional and Alternative Health Care (PITAHC). PITAHC, a government-owned 
and controlled corporation (GOCC) attached to the Department of Health (DOH), was 
primarily envisioned to help improve the quality and delivery ol health care services to the 
Filipino people through the development of traditional and alternative health care (TAHC) and 
its integration into the national health care delivery system.
With the passage of time, there is a need to revisit the said law and confer more power 
to the PITAHC to provide better ser\'ice to the people. There is a need to amend the current 
law to institutionalize added measures that will endure the safety of practice and encourage 
consumers to obtain alternative health care services only from qualified practitioners.
This bill seeks to strengthen the PITAHC and grant it with more regulatory powers to 
provide better administrative and technical assistance to the people. It primarily endeavors to 
enhance the administrative and technical capacity of PITAHC by upgrading its equipment, 
establishing its own testing laboratories and field offices and augmenting its human resources. 
Moreover, this Act also aims to deliver a wider range of health products and practices that are 
guaranteed to be safe and effective.
This legislation is deemed necessary especially in rural areas where traditional and 
complementary medicine (T&CM) are sometimes the only affordable and available source of 
health care.


Thus, the immediate passage of this measure is earnestly S(
EMMANIJEL uTPACQUIAO


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S.B. No.
SENATE
o06
X  
r 
. (
:
-
'19 
JUL 16 ? 2 M
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
RliCEIVtD lV,______
AN ACT
EMPOWERING THE PHILIPPINE INSTITUTE OF TRADITIONAL AND 
COMPLEMENTARY HEALTH CARE BY VESTING UPON IT REGULATORY 
POWERS, PROV IDING IT WITH AUGMENTED HUMAN RESOURCES AND 
UPGRADED EQUIPMENT, ESTABLISHING TESTING LABORATORIES AND FIELD 
OFFICES, AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8423 AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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CHAPTER I 
Title
Section 1. Short Title -  The Philippine Institute of Traditional and Alternative Health Care 
(PITAHC) is hereby renamed to Philippine Institute of Traditional and Complementary Health 
Care. Thus, this Act shall be known as the “Philippine Institute of Traditional and 
Complementary Health Care (PITCHC) Act of 2019.”
CHAPTER 11 
Objectives
Section2. Objectives -  This Act aims to strengthen the Traditional and Complementary Health 
Care System in the country to provide the people with wider range of health products and 
services that are proven to be safe, efficient, effective and of quality at much affordable prices.
CHAPTER HI
Police and Regulatory Powers
Section 3. Transfer to and vesting upon PITCHC Police and Regulatory Powers -  Without any 
intention to trivialize the regulatory capacity of the Food and Drug Administration, the necessary


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police and regulatory powers over the Traditional and Complementary Health Care Industry are 
hereby transferred from the FDA and vested upon PITCHC to fully empower the latter to 
effectively discharge its mandate under the taw.
Section 4. Regulatory Functions -  No traditional and complementary health care practice, 
service or business shall be allowed unless duly certified or authorized. No traditional and 
complementary health care product, device or modality shall be sold, dealt with or made 
available to the public unless duly registered, approved and certified, all by the PITCHC.
Thus, to carry out this mandate and all the other provisions of this Act, the PITCHC shall have 
the following functions and powers, in addition to those already stated in Section 6 of RA 8423:
a) To prescribe the necessary guidelines, criteria and requirements to be complied 
with in the registration of new health products, devices or modalities;
b) To establish health product standards of identity, purity, safety, efficacy and 
quality based on validated and accepted analytical data;
c) To assume primary authority to inspect, collect and analyze samples of all health 
products covered by this Act;
d) As a condition for registration, approval and certification, to require and conduct 
appropriate tests on all health products that are intended to be made available to the 
public to ensure safety, efficacy, purity and quality.
e) To prescribe guidelines and criteria which shall serve as 
basis for its 
evaluation and determination of adulterated 
and misbranded/mislabeled health 
products and for the proper handling or disposal of the same.
f) To issue certificates of compliance or grants of authority to manufacturers, 
importers, exporters, distributors, wholesalers, drug outlets and other establishments 
and facilities of health products after spot-check and/or after their due compliance 
with technical and regulatory requirements. These certificates or grants shall serve as 
license of the covered entities to operate and/or to continue operating.
g) To establish a training center for trainers using its existing resources and facilities.
The training center shall serve as 
demonstration area and venue for the
conduct of continuing health care education for professors, consultants and trainers, 
who themselves must be PITAHC accredited, involved in the art and science of 
alternative health care throughout the country.
h) To accredit or certify schools or training centers that are 
seeking to offer 
standardized traditional and alternative health care education or programs and to hold


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relevant trainings after their due compliance with technical and other regulatory 
requirements.
i) To issue license or authority to practice T&CM to qualified applicants after passing 
the required standard examinations to be conducted after their due compliance with 
the required relevant instructions and training programs taken only from such 
PITAHC-accredited or established traditional and alternative health care schools or 
training centers. The 
standard examination shall be required to all persons 
seeking to practice T&CM except those who are expressly exempted by this Act.
j) To require practitioners, as a condition for the annual renewal of their certificates 
or grants of authority to practice, to undergo mandatory continuous learning 
programs and trainings relevant to their field.
k) To accredit, after due compliance with all the appropriate guidelines and 
requirements, centers that are seeking to offer T&CM services.
l) To approve, after establishing the necessary guidelines and criteria, traditional and 
alternative health care modalities that can only be availed of by the public.
Modalities that may be newly introduced in the Philippines shall only be approved 
after the necessary study, evaluation and tests to ensure its safeness and efficacy.
m) To require foreign or Filipino practitioners who have been certified by foreign 
jurisdictions to undergo the required 
examination provided for under paragraph 
(i) of this Section and to show proofs of the programs and trainings they have 
undertaken from and the authority of the certifying body in such foreign jurisdiction 
before granting them the authority to practice in the Philippines. Further, should they 
qualify, their practice shall only be limited to such modalities that are already 
approved by the PITAHC. Should they intend to introduce a modality that is not yet 
PITAHC-approved, paragraph (1) of this Section, in addition to herein requirements, 
shall apply.
n) To exercise visitorial power and the power to inspect over all traditional and 
alternative health care establishments, buildings, facilities, centers and schools to 
ensure compliance with the provisions of this Aet and such other applicable laws.
o) To issue cease and desist orders, motu proprio or upon a 
verified complaint, to
covered entities and facilities in case 
of an identified or reported violation of or
grievance arising from entities, products or services covered by this Act.
p) After observanee of due process, to order the ban, recall, and/or withdrawal of any 
T&CM product; or the cancellation or revocation of certificates or authorizations


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granted to an entity or practitioner covered by this Act in case of death, 
serious 
illness or injury of a consumer/client or if it be found that such T&CM product, 
service or entity is imminently injurious, unsafe, dangerous or grossly deceptive.
q) To levy, asses, and collect fees for analysis and testing of T&CM products and 
inspection of all entities covered by this Act.
r) To maintain a surveillance system to continuously monitor and regulate the 
traditional and alternative health care industry.
s) To conduct an independent investigation on and maintain records of health and 
safety issues arising from the traditional and alternative health care industry.
t) To initiate appropriate legal actions, whenever necessary or applicable, against any 
person found to be violating any of the provisions of this Act.
u) To prescribe standards and guidelines on and regulate information dissemination, 
advertisements and promotions, and other marketing activities regarding T&CM 
products, services and devices.
v) To establish and maintain a bonded warehouse/s, whenever necessary or 
appropriate, as determined by the director-general to be used as storage for 
confiscated T&CM products unless the same are deemed to be destroyed.
w) To exercise such other powers and perform such other functions as may be 
necessary to carry out its duties under this Act.
Chapter IV
Special Rules and Exemptions
Section 5. Traditional Medicine Practitioners -  Recognizing the unique marmer of obtaining the 
knowledge and skills of traditional medicine, it being handed down from one generation to 
another without the influence of formal education or training, practitioners belonging to this 
category shall be exempt from the standard examination required by this Act. Nonetheless, they 
are still mandated to acquire the necessary grant of authority in accordance with the guidelines to 
be prescribed by PITCHC. It shall be necessary for traditional practitioners to establish the 
length of time for which they have been known to have practiced Traditional Medicine and prove 
that, in the course of their practice, no related complaint, whether reported or not, was made 
against them.


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Further, should they dispense, whether for a fee or not, or use as a modality traditional health 
products, practitioners must seek for the approval of the same.
Section 6. Practitioners with Disability/Blind Masseurs -  Persons with disability or visually- 
impaired persons seeking to offer T&CM services shall likewise be exempt from the standard 
examination required by this Act. Nonetheless, they shall be required to obtain the necessary 
certification from PITCHC after due compliance with the necessary instructions and trainings 
from accredited training schools or centers under the guidance of or in coordination with the 
National Council on Disability Affairs, TESDA/DepEd/CHED, and other relevant government 
agencies.
CHAPTER V
Prohibited Acts and Penalties
In view of its applicability over the traditional and complementary health care industry, the 
following prohibited acts and penalties provided for under Republic Act 9711, otherwise known 
as the Food and Drug Administration Act of 2009, and Republic Act 3720, otherwise known as 
Food. Drug and Cosmetic Act. are hereby faithfully adopted except for some modifications to 
make the provisions more in keeping with the rest of this Act:
Section 7. Prohibited Acts
A. Health Products
a) The manufacture, importation, exportation, sale, offering for sale, distribution, 
transfer, non-consumer use. promotion, advertising or sponsorship of any health 
product that is adulterated, unapproved, unregistered or misbranded.
b) The adulteration or misbranding of any health product.
c) Refusal to permit entry or inspection as authorized by paragraphs (k) and (o) of 
Section 4 hereof or to allow samples to be collected.
d) The giving of a guaranty or undertaking referred to in the second paragraph of 
Section 8 (A)(b) hereof which guaranty or undertaking is false except by a person 
who relied upon a guaranty or undertaking to the same effect, signed by, and 
containing the name and address of the person or entity from whom he received in 
good faith the health products or the giving of a guaranty or undertaking referred 
to in Section 10 (b) which guaranty or undertaking is false.
e) Forging, counterfeiting, simulating or falsely representing or ,without proper 
authority, using any mark, stamp, tag, label or other identification devise 
authorized or required by regulations promulgated under the provisions of this 
Act.
f) The use by any person for his own advantage, or revealing other than to the 
Secretary or officers or employees of the Department o Health or to the courts


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when relevant in any judicial proceeding under this Act any information acquired
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by virtue of the PITCHC’s exercise of its visitorial power or power to inspect.
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g) The alteration, mutilation,, destruction, obliteration or removal of the whole or
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any part of the labeling of, or the doing of any other act with respect to health
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products of such act is done while such article is held for sale (whether or not the
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first sale) and results in such article being adulterated or misbranded Provided, a
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retailer may sell in smaller quantities subject to guidelines issued by the PITCHC.
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h) The use, on the labeling of any health product or in any advertisement relating to
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the same, of any false or misleading representation or suggestion with respect to
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the registration of such product.
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i) The manufacture, importation, exportation, sale, offering for sale, distribution,
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transfer, non-consumer use. promotion, advertisement, or sponsorship of any
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health product which, although requiring registration, is not registered with the
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PITCHC pursuant to this Act.
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j) The sale, offering for sale, importation, exportation, distribution or transfer of any
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health product beyond its expiration or expiry date, if applicable.
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k) The act of intentionally committing fraud and misrepresentation or use of falsified
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or forged documents in obtaining the necessary PITCHC approval or certificate or
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grant of authority. This is without prejudiee to the exercise of PITCHC of its
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power to revoke or cancel certificates, grants or approval it has issued.
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B. Traditional and Complementary Health Care (TaCHC) Services
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a) The practice of any of the approved TaCHC modalities by any person or TaCHC
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center without the appropriate license or grant of authority to practice.
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b) The continuous practice of any of the approved TaCHC modalities by any
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practitioner or TaCHC center whose accreditation or grant of authority has
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already expired or has been cancelled or revoked.
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c) The practice of any unapproved TAHC modalities by any person, whether
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certified or not to practice in the Philippines.
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d) The mere act of introducing to the public by any person, certified or not, of a
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TAHC modality that is not validly approved by PITCHC.
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e) The act of a certified practitioner of allowing a person to commit an unauthorized
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practice of TaCHC whether it be under his direct or indirect supervision.
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f) The act of assisting in an unauthorized practice of TaCHC, whether for profit or
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not.
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g) The act of using traditional and alternative health products and services to cause
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injury, illness or death to a consumer or customer.
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h) Offering TaCHC programs and trainings or rendering TAHC services by schools
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or training centers without the appropriate certification or approval of PITCHC.
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i) Rendering taCHC services by accredited schools or training centers that are
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beyond the scope of their approved programs and training.


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j) 
The act of committing fraud and misrepresentation or use of falsified or forged 
documents in obtaining the necessary PITCHC approval or certificate or grant of 
authority.
k) The refusal to permit entry or inspection as authorized by paragraphs (k) and (o) 
of Section 4 hereof.
C. Any other act which violate or undermine any of the explicit powers of or which tends to 
impede the PITCHC from exercising any of its functions provided for in this Act.
Section 8. Penalties
A. For Health Products
a) Any person who violates any of the provisions of paragraph A of Section 7 hereof 
shall, upon conviction, suffer the penalty of imprisonment ranging from one (1) 
year but not more than ten (10) years or a fine of not less than Fifty thousand 
pesos (Php 50,000.00) but not more than Five hundred thousand pesos (Php 
500,000.00), or both, at the discretion of the court: Provided, that if the offender is 
a manufacturer, importer or distributor of any health product, the penalty of at 
least five (5) years imprisonment but not more than ten (10) years and a fine of at 
least Five hundred thousand pesos (Php 500,000.00) shall e imposed Provided, 
further, that an additional fine of one percent (1%) of the economic value/cost of 
the violative product, or One thousand pesos (Php 1,000.00), whichever is higher, 
shall be imposed for each day of continuing violation: Provided, finally, that 
health products found in violation of the provisions of this Act and other relevant 
laws, rules and regulations may be seized and held in custody pending 
proceedings, without hearing or court order when the director-general has 
reasonable cause to believe from facts found by him/her or an authorized officer 
or employee of the PITAHC that such health products may cause injury or 
prejudice to the consuming public.
b) No person shall be subject to the penalties of subsection (a) of this section (1) for 
having sold, offered for sale or transferred any article and delivered it, if such 
delivery was made in good faith, unless he refuses to furnish on request of 
PITCHC’s authorized inspectors or duly designated officer or employee, the name 
and address of the person from whom he purchased or received such article and 
copies of all documents, if any there be, pertaining to the delivery of the article to 
him; (2) for having violated Section 7-A (a) if he established a guaranty or 
undertaking signed by, and containing the name and address of, the person 
residing in the Philippines from whom he received in good faith the article.
B. For acts prohibited under Section 7 (B) and (C)


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Any person who violates any of the provisions of paragraph (B) and (C) of Section 7 
hereof shall, upon conviction, suffer the penalty of imprisonment ranging from one (1) 
year but not more than ten (10) years or a fine of not less than Fifty thousand pesos (Php 
50,000.00) but not more than Five hundred thousand pesos (Php 500,000.00), or both, at 
the discretion of the court.
The imposition of penalties under both paragraphs (A) and (B) of this section shall be 
without prejudice to the issuance of cease and desist order or to the exercise of PITCHC 
of its power to revoke or cancel certificates, approvals or grants it has issued and/or to the 
filing of appropriate civil or criminal action, whenever appropriate or necessary.
In case of illness, injury or death as provided for under paragraph (f) of Section 7, the 
intentional use of traditional or complementary health care product/service shall not 
constitute a separate crime. Rather, the use or employment of such product or service 
shall serve as an aggravating circumstance as provided for by the Revised Penal Code.
Should the offense be committed by a juridical person, the Chairman of the Board of 
Directors, the president, general manager, or the partners and/or the persons directly 
responsible therefore shall be penalized.
Should the offense be committed by a foreign national, he/she shall, in addition to the 
penalties prescribed, be deported without further proceedings after service of sentence.
CHAPTER VI
The Executive and Officers of the Institute
Section 9. Section 9 of RA 8423 is hereby amended to read as follows:
Sec. 9. (a) Director General The Institute shall be headed by a Director General who 
shall be appointed by the President of the Philippines upon the recommendation of the 
Secretary of Health for a term of six (6) years. The Director General shall enjoy the 
benefits, privileges and emoluments equivalent to the rank of Undersecretary.
As Chief Executive Officer of the Institute, the Director general shall exercise general 
supervision and control over the operations of the Institute save those affairs that are 
exclusively within the function of the Board.
(b)Deputy Director General. The Director general shall be assisted by two (2) Deputy 
Director General(s), one for administration and finance and another for field regulatory 
operations. The Deputy Directors shall be career official(s) and shall enjoy the benefits.


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privileges and emoluments equivalent to the rank of an Assistant Secretary.
(c) Other Officers. The Director General shall likewise be assisted by directors, 
department managcrs/coordinators and such other ofTicers as the Board may authorize. 
The position, titles, ranks and emoluments of such officers shall be determined by the 
Board.
Section 10. Transfer of Power from the Board to the Director General -  The power to appoint, 
transfer, promote, suspend, remove or otherwise discipline any subordinate officer or employee 
of the Institute shall be transferred from the Board and be vested upon the Director General, 
thereby, effectively amending Sections 8 and 10 of RA 8423.
CHAPTER VH 
PITCHC Centers and Offices
Section 11. To Facilitate the conduct of business and the discharge of its responsibilities, the 
PITCHC shall have the following centers and offices:
a) Three major centers shall be established, namely:
i. Center for Regulation and Research of T&CM Product and Device
ii. Center for Regulation of T&CM Practice which may be subdivided further 
into two sections: one, for modalities and one, for practitioners
iii. Center for Regulation of T&CM Training Centers
Each center shall be headed by a Director. The Center for Health Product Regulation and Research 
shall have at least three divisions: (1) licensing and registration division, (2) product research and 
development division, and (3) laboratory support division the two other centers shall have at least 
two divisions: (1) Authorizing/Certifying Division and (2) Research and Development Division.
b) The Administration and Finance Office to be headed by the deputy director-general 
for administration and finance. It shall consist of the Human Resource Division, 
Property and Logistics Management Division, Assets and Financial Management 
Division, and the Information and Communication Technology Management 
Division.
c) The Field Regulatory Operations Office to be headed by the deputy director-general 
for filed regulatory operations.


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d) The Policy and Planning Office which shall include a training, advocacy and 
communications division shall be responsible for the performance monitoring of 
the product research and development enters.
e) The Legal Services Support Center which shall provide legal services to and for the 
entire PITAHC.
C HAPTER VIII
Testing Laboratories and Field Offiees
Section 12. Testing Laboratories -  There shall be established, in addition to the main laboratory 
at the central office, at least one testing laboratory strategically located in Luzon, Visayas and 
Mindanao. These laboratories shall be equipped with the necessary and appropriate equipment 
and personnel complement.
Section 13 Field Offices -  There shall be established field/satellite offices upon which 
appropriate powers and functions of the PITCHC may be devolved upon. These offices shall be 
mainly comprised of administrative, licensing, inspection and compliance divisions.
CHAPTER IX 
Human Re.souree
Section 14. The PITCHC shall review its staffing patter, positions and titles. New or additional 
positions, titles or ranks shall be created if there be a need for additional manpower as identified 
and determined by the Director General and approved by the Board.
Section 15. Transfer ofpersonnel from the Food and Drug Administration -  Personnel of the FDA 
who are charged with function relative to traditional and complementary health products and who 
may be disadvantaged by the implementation of this Act shall be transferred to PITCHC without 
any loss of any benefit, incentives or seniority rights that are already existing at the time of the 
implementation of this Act.
CHAPTER X 
Retention of Income
PITCHC shall have the right to retain all of its income derived from the operations of the Herbal 
Pharmaceutical and Processing Plants and its other income generating services/activities and 
shall be utilized to augment its needed maintenance and operating expenses, capital outlays, 
upgrading and modernization.
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CHAPTER XI 
Miscellaneous Provisions
Section 16. Appropriation -  The amount necessary for the implementation of this Act shall be 
charged against the current appropriations of the Philippine Institute of Traditional and 
Alternative Health Care. The appropriation may be augmented by the income which the PITCHC 
is authorized to retain and use under this Act. Thereafter, such amount as may be necessary for 
the continued operation of the PITCHC shall be included in the annual General Appropriations 
Act.
Section 17. Implementing Rules and Regulations -  The DOH, in consultation with the PITCHC, 
shall promulgate the implementing rules and regulations of this Act within one hundred twenty 
(120) days following the passage of this Act.
Section 18. Separability Clause -  If, for any reason or reasons, any part of the provision of this 
Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not 
affected thereby shall continue to be in full force and effect.
Section 19. Repealing Clause -  All laws, decrees, executive orders and issuances, ordinances, 
rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
Section 20. Effectivity -  This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) national newspapers of general circulation. The publication 
shall not be later than seven (7) days after the approval hereof
Approved,