19" CONGRESS
First Regular Session

HOUSE BILL NO. 3083

Introduced by REP. ARJO ATAYDE

AN ACT
INSTITUTING THE MEDICAL RESERVE CORPS
AND APPROPRIATING FUNDS THEREFOR

The COVID-18 pandemic has exposed so much weakness in our healthcare
system. Several reported surges of cases overwhelmed both private and public hospitals
and their medical personnel were strained by the number of patients and PUls in their
respective facilities. With the increasing infection rate among health personnel and their
reported migration abroad. the Department of Health (DOH) calied on volunteer doctors
and nurses to aid them in their fight against the highly infectious disease. The lack of
medical personnel in the midst of pandemic disease hinders the State's capacity to
combat the disease immediately and effectively

This bill seeks to uphold the role of medical and health-related personnel in nation-
building, promote and protect their physical, moral, spiritual, intellectual, and social well-
being: to inculcate in them patriotism and nationalism: and to encourage their involvement
in public and civic affairs.

This bill establishes a Medical Reserve Corps (MRC) to assist the country’s health
system in times of public health emergencies. The proposed MRC shall be composed of
persons who are licensed physicians. medical students who have completed their four
years of medical course. graduates of medicine. registered nurses. and licensed allied
health professional who may be called upon to assist the national government. its
agencies, and instrumentalities. and the LGUs in the discharge of their functions in
addressing the medical needs of the public

The measure likewise seeks to grant the President the power to mobilize the MRC
nationwide in case of a declaration of a state of war, a state of lawless violence, or a state

of calamity

The DOH shall be mandated to promulgate :he specific mechanisms by which
deployment is efficiently implemented, including the organization of the Corps to be



deployed. their territorial assignments, how deployment orders are communicated to each
member of the Corps, and to which mobilization centers they will report to

The Armed Forces of the Philippines (AFP) shall be enlisted to provide expertise
on the organization of the MRC for efficient. effective, and swift deployment, as well as
training to the recruits in disaster and emergency response. The AFP shall also
complement the MRC logistics and manpower for large-scale operations in times of
disasters or other public health emergencies

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

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REP. ARJO ATAYDE



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19 CONGRESS
First Regular Session

3083

HOUSE BILL NO.

Introduced by REP. ARJO ATAYDE

AN ACT
INSTITUTING THE MEDICAL RESERVE CORPS
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the "Medical Reserve Corps
Act."

SEC. 2. Declaration of Policy. - Article II, Section 15 of the Constitution enjoins
the State to protect and promote the right to health of the people and instill health
consciousness among them. Article XII, Section 11 also provides for the adoption of an
integrated and comprehensive approach to health development. The State further
reiterates its commitment to the Sustainable Development Goals (SDGs), particularly
SDG, which calls on the State to ensure healthy lives and promote well-being for all at all
ages.

The State recognizing the need for a reserve force of highly skilled and medically
trained professionals and volunteers who can be mobilized to maintain the capacity to
meet surges in the demand for the country's healthcare system and provide assistance
as may be needed in times of health crises. Pursuant to this, it is the policy of the state to
maintain a strong, proactive and responsive healthcare system at all times, the workforce
complement of which can be expanded rapidly by a well-trained and well-equipped
Medical Reserve Corps (MRC) in times of public health emergency and health threats.
Towards this end, the State shall enhance the capacity of the nation to produce and call
on the needed manpower and expand its human health resources in times of disasters
and public health emergencies of both national and local scale through the mobilization
of the MRC.


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SEC. 3. Medical Reserve Corps Service. - There is hereby established an MRC
whose primary mission is to support the country's health system in times of public health
emergencies or health threats, and which shall be composed of the following

a. Licensed physicians including those who are retired and those who are no longer
practicing in the hospital setting. The Department of Health (DOH) may coordinate
and collaborate with the accredited integrated professional organization or
accredited professional of physicians for the engagement of private practitioners;

b. Medical students who have completed four (4) years of medical course, graduates
of medicine, and registered nurses who may be issued by the Secretary of Health
with a limited and special authorization to render medical service pursuant to
Republic Act No. 2382, otherwise known as the Medical Act of 1959; and

c. Licensed allied health professionals

The MRC shall be organized, trained, developed and maintained so as to ensure
their readiness to immediately respond to the call to service.

SEC. 4. Organization. - The MRC shall be under the control and supervision of
the Health Emergency Management Bureau (HEMB) of the DOH. The DOH shall develop
an effective and efficient MRC organization and structure that is responsive to national
and local disasters and other public health emergencies, under such rules and regulations
as the Secretary of Health may prescribe.

SEC. 5. Registration and Training. -The DOH shall draft guidelines for the
recruitment, selection, compensation, and provision of incentives for joining and
continued membership, and length of service of the MRC members. The DOH shall also
prescribe a continuing training program for the MRC recruits and members, through
written, practical, and simulation activities on various aspects of health emergency
management and response and on the different health emergency situations and
scenarios, such as natural and man-made disasters, epidemics, pandemics, and other
threats to public health. To this end, all recruits must undergo:

a. Compulsory basic training for a period to be set by the DOH on disaster and health
emergency response, the organization and structure of the MRC, and such other
areas as may be prescribed by the DOH. Recruits shall be given compensation for
their attendance thereto; and


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b. Continuing training and other activities to be conducted in coordination with
relevant and qualified agencies in the private and public sector, including the
‘Armed Forces of the Philippines (AFP) and the National Disaster Risk Reduction
and Management Council, to improve and reinforce skills. All registered members
shall undergo continuing training on a regular basis to upgrade their proficiency

Successful completion of the compulsory basic training shall be a requisite for
admission to the MRC. Successful completion of activities in the continuing training
program shall be requisite for promotion within the MRC.

SEC. 6. Registry and Accounting of Members of the MRC. - Registered
members of the MRC shall be issued individual serial numbers which will serve as their
identification in case of deployment. The DOH shall maintain and update a registry or
database containing the names of the members of the Corps, their serial numbers,
address, contact details and such other information as the DOH may determine, in
accordance with the applicable privacy laws. For this purpose, all public and private
colleges, universities and learning institutions shall transmit annually their records of the
graduates covered under this Act to the DOH.

‘An MRC identification card that describes the certification information of Corps
members, as well as other necessary identifying information that may be determined by
the DOH, shalll also be issued.

All graduates covered under this Act are required to update their addresses and
contact details on file with the DOH as often as necessary. Orders of deployment sent to
the addresses and/or through the contact details on file with the DOH shall be sufficient
notice for purposes of deployment

In cases when a graduate has changed address immediately prior to deployment,
the LGU shall immediately exert efforts to locate his known closest resident kin, who is
then mandated to exert similar efforts. The use of digital communications and social
media shall be encouraged in locating such graduates.

SEC. 7. Medical Reserve Corps Mobilization. - The prompt mobilization of the
MRC shall be carried out by authority of the Secretary of Health, upon the
recommendation of the Director of the HEMB or upon the request of national government
agencies or focal government units (LGUs) in order to meet the needs of the populace in


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times of public heaith emergencies, whether of local or national scale, and for such other
purposes in response to threats to public health.

The MRC may be mobilized partially or in full as may be necessary. The DOH shall
promulgate the mechanism by which deployment is efficiently implemented, including the
organization of the Corps to be deployed, their territorial assignments, how deployment
orders are communicated to each member of the Corps and to which mobilization centers

they will report.

As defined in Republic Act No. 11332, otherwise known as the "Mandatory
Reporting of Notifiable Diseases and Health Events of Public Health Concern Act,” public
health emergency refers to an occurrence of imminent threat of an iliness or health
condition that:

1. | caused by any of the following:
a. Bio terrorism:
b. Appearance of a novel or previously controlled or eradicated infectious
agent or biological toxin;
A natural disaster;
A chemical attack or accidental release;
. A nuclear attack or accident; or
An attack or accidental release of radioactive materials; and

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2. Poses a high probability of any of the following:

a. A large number of deaths in the affected populatio!

b. Alarge number of serious injuries or long-term disabilities in the affected
population;

c. Widespread exposure to an infectious or toxic agent that poses a
significant risk of substantial harm to a large number of people in the
affected population,

d. International exposure to an infectious or toxic agent that poses a
significant risk to the health of citizens of other countries; or

e. Trade and travel restrictions.

SEC. 8. Deployment Order. - The President of the Philippines, upon
recommendation of the DOH, may order the nationwide mobilization of the MRC to
complement the AFP Medical Corps in case of a declaration of a state of war, state of
lawless violence or state of calamity.


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SEC. 9. Mobilization Centers. - There shall be established in each province as
many mobilization centers as needed to which members of the MRC shall report to when
mobilization is ordered.

Mobilization centers may be any establishment that can adequately house the
MRC members, and their equipment and supplies during the period of deployment,
including multi-purpose halls, gymnasiums, and other similar structures, based on other
Tequirements that the DOH shalll prescribe. The DOH shall, in consultation with the local
executives, prescribe the location of the mobilization centers. The Local executives shall
disseminate to the widest extent possible information to the public on the location of these
centers.

SEC. 10. Mobilization Stock. - The minimum essential individual and organizational
and medical equipment and supplies shall be procured, stored and maintained to
enhance rapid transition to readiness required for employment in the shortest possible
time.

The DOH shall ensure and maintain the necessary capacity to scale up the
procurement of these equipment and supplies as needed during the period of
mobilization.

SEC. 11. Enlistment of the AFP. - The Secretary of Health may enlist the AFP to
provide expertise on the organization and structure of the MRC for efficient, effective and
swift deployment, as well as for training of the MRC recruits on disaster and emergency
response.

The Secretary of Health may also recommend to the President the enlistment of
the AFP to supplement the mobilized MRC for the purpose of providing logistics and
manpower for large-scale operations in times of public health emergency, contact tracing
and monitoring of suspected cases, enforcing-quarantine measures in specific areas or
facilitating the transport of emerging infectious disease patients, and for such other
related purposes.

SEC. 12. Protection to MRC Members. - All MRC members shall be accorded
protection as provided by existing labor laws and standards and other relevant
occupations, safety, environmental and social legislation.

SEC. 13. Compensation and Benefits. - Members of the MRC who render
service shall receive all the pay and allowances, medical care, hospitalization, other


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privileges and benefits during the period of mobilization as prescribed by law or
regulation. They shall also continue to receive all pay, allowances and other privileges

and benefits from their regular employment during the mobilization period in accordance
with law.

SEC. 14. Legal Liability and Malpractice Insurance. No MRC member shail be
held liable for the death of injury to any person or for the loss of, or damage to, the property
of any person where such death, injury, loss or damage was proximately caused by the
circumstance of an actual public health emergency or its subsequent conditions, or the
circumstances of the formal exercise or training if such formal exercise or training
simulates conditions of an actual emergency

The Insurance Commission is mandated to develop public health emergency-
specific malpractice insurance policy or modify existing policies that would protect MRC.
professionals’ efforts from any legal liability as provided for by this Section to allow them
to respond in good faith during public health emergencies

This Section shall not preclude liability for civil damages as a result of gross
negligence, recklessness or willful misconduct.

SEC. 15. Termination of Deployment. - Upon the expiration of the period of
deployment, without an extension having been requested and approved by the DOH,
members of the MRC who are deployed pursuant to a public health emergency shall be
discharged from the performance of their duties. The deployment may also be terminated
earlier upon a determination by the DOH, in consultation with the requesting national
government agency or LGU, that such deployment is no longer required in accordance
with this Act.

SEC. 16. Annual Reports. - The DOH shall regularly publish an annual report
containing a list of the accomplishments, status of the operations, demographic profile of
the membership of the MRC, an assessment of readiness for mobilization, and the
incidence and details of each mobilization for the year concerned. The annual report shall
also include the results of the audit investigation on the spending of funds appropriated,
collected, or advanced for the implementation of the provisions of the Act.

SEC. 17. Failure to Respond to Deployment. - Any member of the MRC who
fails to respond to the order of deployment without any justifiable reason despite due
notice shall be required to reimburse the total expenses incurred by the government in


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the member's recruitment, selection, training, and compensation, as may be determined
by the DOH.

SEC. 18. Appropriations. - The Secretary of Health shall immediately include in
the Department's Program the implementation of this Act, the funding of which shall be
included in the annual General Appropriation Act.

SEC. 19. Implementing Rules and Regulations. - Within thirty (30) days from
the effectivity of this Act, the DOH shall promulgate the necessary guideline for the
effective implementation of this Act.

SEC. 20. Separability Clause. - If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of other provisions shall not be affected
thereby.

SEC. 21. Repealing Clause. -All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 22, Effectivity Clause. -This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved.