ORIGINAL

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGR!
First Regular Session

House Bill No.

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Itis a fact that many Filipinos are still unable to fully get cured and recover from
their illnesses because of their financial inability to purchase the medicines prescribed for
them. This is even under current government programs, such as the Universal Health
Care Program being implemented by PhilHealth that provide free or subsidized medical
and health services in public hospitals to our sick and indigent people. The costs of
medicines and drugs remain highly prohibitive and beyond reach

Thus, there is a need to iden of funding from which medicines may be
purchased for free distribution to indigent patients in times of their need. An appropriate
source is the Internal Revenue Allotment (IRA) of the local government units.

This bill seeks to set aside a certain portion of the IRA to be allocated for the
purchase of medicines for free distribution to indigent patients in their respective
jurisdictions in cooperation and coordination with public hospitals, health centers and
clinics in their localities and with the Department of Health.

Lest we overlook the fact that health and medical services, even when provided
for free, but when unaccompanied by medicines prescribed, are less effective if not
meaningless.

For the foregoing reasons, the immediate passage of the bill is earnestly sought.

Representative

COPY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session
196

House Bill No.

Introduced by REPRESENTATIVE ARTHUR C. YAP

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

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

SECTION 1. Declaration of Policy. - \t shall be the 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 and shall endeavor to make essential
goods, health and other social services available to all the people, particularly the
underprivileged, at affordable cost.

SECTION 2. Indigent Patients Defined. - Indigent patients are those patients
who have no means of visible income or whose income is insufficient for the subsistence
of his or her family as determined by the local social welfare department.

SECTION 3. Local Government Units to Earmark a Portion of Internal
Revenue Allotment for Free Medicines to Indigent Patients. — All local government
units (LGUs) are hereby mandated to set aside and earmark a portion of their Internal
Revenue Allotments (IRA) for the purchase of medicines to be distributed for free to
indigent patients in their localities through the public hospitals, clinics, health centers and
dispensaries within their respective jurisdictions.

SECTION 4. Dispensation. - The LGU shall maintain a list of indigent

patients residing within their jurisdictions as determined by their local social welfare


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officer and confirmed by the barangay officials concerned, and shall issue identifying
documents to ensure that the free medicines are properly dispensed to deserving
recipients. Public hospitals, health centers, clinic and dispensaries shall cooperate and
coordinate with the local government units concerned in the implementation of this Act.
SECTION 5. Prohibited Acts. - Without prejudice to any criminal liability that
may be incurred under the Revised Penal Code by persons in violation of the provisions
of this Act, the following acts shall constitute offenses under this Act:
1. Diverting or using for other purposes funds allocated for free medicines as

mandated in this Act;

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. Dispensing or distributing the medicines acquired under this Act other
than to indigent patients;

3. Preparing a list or certification that a patient is indigent when he or she is
not;

4. Preparing, submitting or altering any document to make it appear that a
legitimate purchase or distribution of free medicines under this Act has
been made when in fact there is none;

5. Knowingly purchasing expired medicines or those expiring within one (1)
year from the date of purchase for purposes of this Act.

SECTION 6. Penalties. - Any person found guilty of committing any of the
offenses enumerated in the preceding section shall be meted the penalty of not less than
two (2) years but not more than five (5) years of imprisonment.

SECTION 7. Implementing Rules and Regulations. - The respective councils
of the concemed local government units through proper resolutions or ordinances, and in
consultation with the Department of Health, shall promulgate the rules and regulations

necessary for the effective implementation of this Act.

SECTION 8. Separability Clause. - If any provision of this Act, or any part
thereof, is declared unconstitutional, the same shall not affect the validity and effectivity

of the other portions.


SECTION 9. Repealing Clause. - All laws, executive orders, presidential
decrees, proclamations, rules, regulations, issuances and enactments of parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette of in a newspaper of general circulation in
the Philippines, whichever comes earlier.

Approved.