Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3331

HOUSE BILL NO.

Introduced by HON. JOY MYRA S, TAMBUNTING

EXPLANATORY NOTE

Cancer is the third leading cause of death in the Philippines. It claims one death in every
two new cases each year, affects 189 Persons per 100,000 Filipinos and kills 103 Filipinos
a day or 4 Filipinos per hour. The mortality rate of cancer in the country has increased in
the past three (3) decades. This trend may continue unless organized, sustained and
specialized as well as preventive measures against cancer are initiated in the soonest
Possible time.

This bill, which has been refiled from the 17% Congress, seeks to create a National Cancer
Institute in the Philippines to continue the advocacy and noble cause for the People through
legislation intended to provide measures for cancer Prevention, detection and treatment.

The creation of a National Cancer Institute of the Philippines is consistent with the policy of
the State in protecting and Promoting the right to health of the people and to instill health
Consciousness among them (Section 15, Article 2 of the 1987 Constitution).

To fully implement the policy of the State, this bills seeks to provide for the centralization
of planning, programs and activities related to the prevention, screening, detection,
diagnosis and treatment of cancer. Also, the centralization applies to the conduct of research
relevant to malignant diseases, the assignment or distribution of such research activities
and the dissemination or application of beneficial research results. The establishment of a
network for regional treatment and research centers is included to effectively realize the
spirit of centralization defined in this bill. Thus there will be Prevention in duplication of
efforts, reduction in costs, and enable comprehensive view in the cancer-affected sectors
as well as identification of a more appropriate assignment of priorities on
Programs/activities/fund allocation.


More importantly, the establishment of regional cancer centers concretizes the initiative of
the government to make specialized health services readily available to people particularly
those outside Metro Manila, Cebu and Davao.

When enacted into law and properly implemented, the various regional cancer centers
manned by highly competent and qualified staff including fully equipped facilities will foster
the availability of cancer treatment. As a result, the supply of and demand for treatment as
well as services will be reduced thereby patients can receive treatment and services with
minimal costs.

Economically, the enactment of this legislation will increase the inflow of medical tourists
and medical workers from developing countries seeking training. It will also result in the
expansion of local hospice care for cancer patients and an increase in exportable
medical/health workers who are skilled in cancer treatment. More importantly, there will be
@ significant increase in tax revenue as there will be an increase in the income of
individual/regional/national medical sector. Thus the tax revenue collected will be used in
continuing the modernization of the country’s cancer related services and facilities
envisioned in this bill.

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

Paps. tod fi


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3334

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
CREATING A NATIONAL CANCER INSTITUTE TO BE KNOWN AS THE NATIONAL
CANCER INSTITUTE OF THE PHILIPPINES, APPROPRIATING FUNDS
THEREFORE AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as “The National Cancer Institute Act
of 2019.”

SECTION 2. Declaration of State Policy and Principles. - It is hereby declared as
further policy and principles of the State to:

(a)Promote specialized, multidisciplinary and comprehensive cancer research,
dissemination and/or utilization of the results of the research and development
including the formulation, updating and implementation of a comprehensive cancer
control plan with the aim of overcoming cancer;

(b) Promote the improvement of an environment for the prompt evaluation and approval
of drugs/medical devices that are highly needed in cancer treatment, through the
linkage with the Bureau of Food and Drug (BFAD), Department of Trade and Industry
(DTD), Department of Agriculture (DA) and other concerned agencies;

(©) Enhance cancer prevention through education of, and information dissemination to
the public by health care professionals and institutions;

(d) Encourage evidence-based early detection, screening, diagnosis and treatment of
cancer;


(e)Enable cancer patients to receive appropriate treatment based on scientific
knowledge;

(f) Establish a system that provided equitable distribution of medical cancer care in
which the treatment is chosen and administered according to the situation of the
patient regardless of financial capability;

(g) Promote palliative care including pain management, hospice care and other
measures to improve the quality of life of cancer patients even terminal ones; and

(h) Support the rehabilitation of cancer Patients through comprehensive programs
including providing assistance to cancer survivors.

SECTION 3. National Cancer Advisory Board. — There is hereby created the National
Cancer Advisory Board, to be composed of fifteen (15) members as follows:

(a) The Secretary of the Department of Health (DO), the Secretary of the Department
of Science and Technology (DOST) through the Philippine Council for Health
Research and Development (PCHRD), and the Director of the National Institute of
Health as ex-officio members of the board.

(b)Twelve (12) members appointed by the President of the Philippines upon
recommendation through a careful selection process. The scientists and physicians
appointed to the Board shall be persons who are among the country’s leading
scientific or medical authorities and who are outstanding in the study, diagnosis or
treatment of cancer or in fields related thereto. Each appointed member of the Board
shall, by virtue of his or her training experience and background is qualified to
appraise the programs of the National Cancer Institute. The appointed members shal!
receive honorarium of not more than Fifty Thousand Pesos (Php50,000.00) per
attendance to the Board’s meeting, while the ex-officio members shall receive per
diem compensation.

(1) Appointed members shall serve for a period of four (4) years. Any vacancy shall
be filled by appointment by the President of the Philippines, upon
recommendation of the National Cancer Advisory Board.

(2) Any member appointed to fill a vacancy occurring prior to expiration of the term
for which his predecessor was appointed shall serve only for the remainder of
such term.

(3) Appointed members shall be eligible for reappointment and may serve after the
expiration of their terms until their successors have assumed office.


(4) A vacancy in the Board shall not affect its activities and eight members, including
the ex-officio members, therefore shall constitute a quorum.

SECTION 4. Powers and Functions of the National Cancer Advisory Board. - The
Board shall have the following powers and functions:

(a) The regular members of the Board shall elect among themselves a Chairman who
shall be the presiding officer of the Board.

(b) The Board shall elect from among themselves the Director of the National Cancer
Institute who shall also serve as Vice Chairman of the Board.

(C) The Board shall formulate policies and adopt measures, including the formulation of
the Implementing Rules and Regulations, which are Necessary to carry out the
Provisions of this Act.

(d) The Board shall meet at the call of the Director of the National Cancer Institute or
the Chairman, not less than once a month, and shall advise and assist the Director
of the National Cancer Institute with respect to the National Cancer Program.

(e) The Director of the National Cancer Institute shall designate a member of the staff
of the Institute to act as Executive Secretary of the Board.

(f) The Board shall monitor the development and execution of the National Cancer
Programs formulated, updated and improved by the NCI and shall report directly to
the President. Any delays or blockages in rapid execution of the Programs shall
immediately be brought to the attention of the President.

(g) The Board may hold such hearings, take such testimony and sit and act at such times
and places as the Board deems advisable to investigate’ programs and activities of
the National Cancer Program of the National Cancer Institute.

(h) The Board shall submit to the President periodic Progress reports on the Program.
Annual evaluation of the efficacy of the Program and suggestions for improvements
shall be submitted for transmittal to the Congress of the Philippines not later than
January 31 of each year.

(i) The Director of the National Cancer Institute shall make available to the Board such
staff, information and other assistance as it may require in carrying out its activities.


SECTION 5. National Cancer Institute. - There is hereby established a National Cancer
Institute which shall compile date, conduct, coordinate researches, investigations,
experiments and studies relating to the cause, diagnosis and treatment of cancer. This
Institute shall assist and foster similar research activities by other institutions and
organizations, public and private, including individuals. The institute is furthermore
established to promote coordination an all such researches and the useful application of
their results with a view to the development and Prompt widespread use of the most
effective methods of prevention, diagnosis and treatment of cancer. Linkages with National
Institutes of Health and the Department of Science and Technology through the Philippine
Council for Health Research and Development will be coordinated to avoid overiap of
Projects.

SECTION 6. Director of the National Cancer Institute. -

(a) The Director of the National Cancer Institute coordinates all activities of the
Department of Health and other of other Departments of government and non-
governmental agencies or institutes relating to cancer and the National Cancer
Program.

(b)In formulating the National Cancer Program, the Director of the National Cancer
Institute shall:

(1) With the advice of the National Cancer Advisory Board, plan and develop the
National Cancer Program, including an expanded intensified and coordinated
cancer research program encompassing the programs of the National Cancer
Institute, related programs of the other research institutes, and other national
and local, private and public cancer programs.

(2) Expeditiously utilize the existing research facilities and Personnel of the
Department of Health, the Department of Science and Technology through the
PCHRD and the University of the Philippines National Institute for Health for
accelerated exploration of opportunities in areas of specific promise.

(3) Encourage and coordinate cancer research by industrial concerns where such
concerns evidence a particular capability for such research.

(4) Collect, analyze and disseminate all data useful in the prevention, diagnosis and
treatment of cancer, including the establishment of an international cancer
research data bank to collect, catalog, store and disseminate insofar as feasible
the results of cancer research undertaken in any country for the use of any person
involved in cancer research in any country.


(5) Establish or support the large-scale production or distribution of specialized
biological materials and other therapeutic substances for research and set
standards of safety and care for persons using such materials,

(6) Support research in the cancer field outside the country by highly qualified foreign
nationals which research can be expected to redound to the benefit of the Filipino
people; support collaborative research involving foreign participants; and support
the training of Filipino scientists abroad and foreign scientists in the country.

(7) Support appropriate manpower programs of: training in fundamental sciences and
Clinical disciplines to provide an expanded and continuing manpower base from
which to select investigators, physicians, and allied health professions personnel,
for participation in clinical and basic research and treatment Programs relating to
cancer including where appropriate the use of training stipends fellowships and
career awards.

(8) Call special meetings of the National Cancer Advisory Board at such times and in
such places as the Director deems necessary in order to consult with, obtain
advice from, or to secure the approval of Projects, programs or other actions to
be undertaken without delay in order to gain maximum benefit from a new
scientific or technical; finding.

(9) Prepare and submit, directly to the President of the Philippines for review and
transmittal to Congress, an annual budget estimate for the National Cancer
Program, after reasonable opportunity for comment (but without change) by the
Secretary of Health, the Director of the National Institutes of Health, and the
National Cancer Advisory Board; and receive from the President and the
Department of Budget and Management directly all funds appropriated by
Congress for obligation and expenditure by the National Cancer Institute.

SECTION 7. National Cancer Research and Demonstration Centers. —

(a) A National Cancer Research Center is hereby established in each Metropolitan city in
the country and one in the National Capital Region for clinical research, training and
demonstration of advanced preventive, diagnostic and treatment methods relating
to cancer.

(b) The National Cancer Research Centers in the metropolitan cities and in the National
Capital Region are hereby further designated as Regional Cancer Centers and shall
perform the functions and assume the responsibilities of Cancer Centers as defined
in Section 9 of this Act.


(c) The director of the National Cancer Institutes, under policies established by the
Director of the National Institutes of Health, the PCHRD and the DOST and after
consultation with the National Cancer Advisory Board, is authorized to enter into
cooperative agreements with public or private non-profit agencies or institutions to
pay all or part of the cost of planning, establishing, or including but not limited to
centers established for clinical research training and demonstration of advance
diagnostics and treatment methods relating to cancer.

Such payment under this subsection in support of such cooperative agreements may
be used for:

(1) construction of the designated center;

(2) staffing and other basic operating Costs, including such patient care costs as
required for research;

(3) training including training for allied health professions personnel; and
(4) demonstration purposes;

Support of a center under this section may be for a period of not to exceed three (3) years
and may be extended by the Director of the National Cancer Institute for additional periods
of not more than three years each, after review and recommendation of the operations of
such center by an appropriate scientific review group established by the Director of the
National Cancer Institute.

SECTION 8. Cancer Contro/ Programs. — The Director of the National Cancer Institute
shall establish programs as necessary for Cooperation with national and other health
agencies in the diagnosis, prevention and treatment of cancer.

‘Such programs to be established should give Priority to the following:

(a) A financial subsidy given to indigent patients, upon qualification, to cover the
expenses of all necessary laboratory tests and other related examinations during
the diagnosis as well as the expenses needed for treatment of cancer;

(b) A financial subsidy to be given to Non-governmental cancer support groups in
recognition of and in order to facilitate the continuity of the programs they have for
cancer patients as well as for their families especially in coping and dealing with
circumstances, However, only recognized and duly organized support group shall be


granted subsidy in accordance with the Implementing Rules and Regulations of this
Act;

(c) An independent support group shall be established as a standing program to
augment the emotional support needed by cancer patients including their families
in dealing and coping with the circumstances through regular inspirational and
motivational sessions with cancer survivors and family members who have
experienced having a relative similarly afflicted with cancer.

SECTION 9. Cancer Center. — (a) It is established by the Regional Cancer Center for
each region in the country and will coordinate with the National Cancer Institute through
its executive chief officer.

The respective Cancer Centers are established to carry out the function of administering the
National Cancer Program as developed by the National Cancer Institute after consultation
with National Cancer Advisory Board.

(1) The Regional Cancer Centers shall be respectively administered by the head of the
Regional Department of Health Offices as executive chief officer of the Regional Cancer
Center under a national central executive chief officer designated by the Secretary of
the Department of Health among his undersecretaries. The regional cancer centers will
coordinate with the National Cancer Institute.

(2) The administrative staff comprising each respective cancer centers shall be provided
for under the Implementing Rules and Regulations to be formulated by the National
Cancer Advisory Board.

(b) The National Cancer Institute through the Director shall oversee each cancer center in
the country, and upon approval by the National Cancer Advisory Board, through a Board
Resolution, is hereby authorized to:

(1) Obtain the services of not more than fifty (50) experts or consultants who have
scientific or professional qualifications to be designated in each regional cancer
centers and in national cancer centers;

(2) Acquire, construct, improve, repair, operate and maintain cancer centers,
laboratories, research and other necessary facilities and equipment and related
accommodations as may be necessary, and such other real or personal property
including patents as the Director deems necessary;


(3) Appoint one or more advisory committees composed of such Private citizens and
Officials of the local governments as he deems desirable to advise him with respect
to his function;

(4) Utilize, with their consent the services, equipment, personnel, information and
facilities of other local public agencies with or without reimbursement therefore;

(5) Accept voluntary and uncompensated services;

(6) Accept unconditional gifts or donations Of services, money or property, real personal
or mixed tangible or intangible;

(7) Enter into such contracts, leases, cooperative agreement or other transactions as
may be necessary in the conduct of his functions, with any public agency or with
any person, firm, ‘association, Corporation, or educational institution; and

(8) Take necessary action to ensure that all channels for the dissemination and exchange
of scientific knowledge and information are maintained between the National Cancer
Institute and other scientific, medical and biomedical disciplines and organizations
nationally and internationally

SECTION 10. Presidential Cancer Panel, — (a) There is hereby established the
President's Cancer Panel which shall be composed of three (3) persons appointed by the
President, who by virtue of their training, experience and background are exceptionally
qualified to appraise the National Cancer Program. At least two (2) of the members of the
Panel shall be distinguished scientists or physicians, recommended by the Director of the
National Cancer Institute.

(b) Members of the Panel shall be appointed for three-year terms, except that in case of
two of the members first-appointed, one shall be appointed for one year and one shall be
appointed for a term of two years, as designated by the President at the time of
appointment, and any member appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be appointed only for the
remainder of such term.

(1) The president shall designate one of the members to serve as Chairman for a term
of one year.

(2)Members of the Panel shall be each entitled to receive the daily equivalent of the
annual rate of basic pay in effect for salary grade 20 of the General Schedule for


each day during which they are engaged in the actual performance of duties vested
in the Panel, and shall be allowed travel expenses including a per diem allowance.

(©) The Panel shall meet at the call of the Chairman but not less often than twelve times a
year. A transcript shall be kept of the proceedings of each meeting of the Panel, and the
Chairman shall make such transcript available to the public,

(d) The Panel shall monitor the development and execution of the National Cancer Program
under this section, and shall report directly to the President. Any delays or blockages in
rapid execution of the Program shall immediately be brought to the attention of the
President. The Panel shall immediately be brought to the President. The Panel shall submit
to the President periodic progress reports on the Program and annually an evaluation of the
efficacy of the Program and suggestions for improvements, and shall submit such other
reports as the President shall direct. At the request of the President, it shall submit for his
consideration a list of names of persons for consideration for appointment as Director of
the National Cancer Institute.

SECTION 11. Scientific Review and Reports on Cancer. — (a) The Director of the
National Cancer Institute shall, by regulation, provide for Proper scientific review of all
research grants and programs over which he has authority by utilizing, to the maximum
extent possible, appropriate peer review groups establish within the National Institute of
Health of the University of the Philippines and composed principally of scientists and other
experts in the scientific and disease fields, and when appropriate, by establishing, with the
approval of the National Cancer Advisory Board and the Director of the National Institute of
Health, other formal peer review groups as may be required.

(b) The Director of the National Cancer Institute shall, as soon as practicable after the end
of each calendar year, prepare in consultation with the National Cancer Advisory Board and
submit to the President for transmittal to the Congress a report on the activities, progress
and accomplishments under the National Cancer Program during the preceding calendar
year and a plan for the Program during the next five (5) years.

SECTION 12. Appropriation of Funds. - The initial fund in the amount of FIFTY MILLIO
PESOS for the establishment of the National Cancer Institute including the initial
implementation of its programs shall be appropriated from the gross income of the
Philippine Amusement and Gaming Corporation (PAGCOR) and shall be directly remitted to
@ special account of the National Cancer Institute. Thereafter, for the continued
implementation of this Act, such sums shall be included in the annual General Appropriations
Act.


SECTION 13. Implementing Rules and Regulations. — The National Cancer Advisory
Board with the involvement of the stakeholders shall start to establish the committee that
will promulgate the implementing rules and regulations of this Act within ninety (90) days
from the approval of this Act.

SECTION 14. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee composed of five (5) members of the Senate and five
(5) members of the House of Representatives. The members of the Senate shall be
appointed by the Senate President based on the proportional representation of the parties
OF coalitions therein with at least one (1) member representing the Minority. The Members
from the House of Representatives shall be appointed by the Speaker, also based on the
Proportional representation of the parties or coalitions therein with the respective Chairs of
the House Committees on Health and on Science and Technology, and at least one (1)
member representing the Minority.

The Committee shall be headed by the respective Chairs of the Senate Committees on
Health and on Science and Technology, and House of Representatives Committees on
Health and on Science and Technology. The secretariat of the Congressional Oversight
Committee shall come from the existing Secretariat personnel of the Committees of the
Senate and the House of Representatives concerned.

SECTION 15. Separability Clause. - If any part or provision hereof is held invalid or
unconstitutional, the remainder of this Act or the provision/s riot otherwise affected shall
remain valid and subsisting.

SECTION 16. Repealing Clause. - All laws, decrees, executive orders, issuances,
regulations or parts or provisions thereof which are inconsistent with this Act are hereby
repealed or amended accordingly.

SECTION 17. Effectivity Clause. - This Act shall take effect fifteen (15) days from the
date of its publication in the Official Gazette and in a newspaper of general circulation.

Approved,