Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4770
HOUSE BILL NO. __

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

The State recognizes the urgent need to consolidate and reinforce existing
programs, strategies and efforts at preventing, treating and rehabilitating people
affected by kidney diseases, and to undertake research and training on the cure
and prevention of kidney diseases, through a Kidney Center which will house

and nurture the above and related activities and provide tertiary-level care for
more difficult and problematical cases.

This House Bill seeks to create the Clark Kidney Center, to provide material
and financial support towards the establishment and maintenance, for the
welfare and benefit of the Filipino people.

Thus, the early passage of this bill is earnestly requested.

MICHAEL L. ROMERO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4770

Introduced by Representative Michael L. Romero

AN ACT

CREATING THE CLARK KIDNEY CENTER, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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 “Clark
Kidney Center Act’.

SECTION 2. CREATION OF THE CLARK KIDNEY CENTER - There
is hereby created a Kidney Center, under the name of Clark Kidney Center,
subject to the provisions of this Act, shall be administered, according to the
Articles of Incorporation, mandates of the Securities and Exchange Commission
(SEC), by the Office of the President, in coordination the Departraent Health
(DOH) hereinafter referred to as the Kidney Center.

SECTION 3. TAX EXEMPTIONS AND PRIVILEGES - Ecing a non-
profit, non-stock corporation organized primarily to help combat the high

incidence of Kidney diseases in the Philippines, all donations, contributions,


endowments and equipment and supplies to be imported by authorized entities
or persons and by the Board of Trustees of the Kidney Center, for the actual use
and benefit of the Kidney Center, shall be exempt from income and gift taxes,
the same further deductible in full for the purpose of determining the maximum
deductible amount under the prevailing mandates of the National Internal

Revenue Code, as amended.

The Kidney Center shall be exempt from the payment of taxes, charges and fees
imposed by the Government or any political subdivision or instrumentality
thereof with respect to equipment purchases made, or for, the Kidney Center.

SECTION 4. AID FROM GOVERNMENT OFFICES - The Kidney
Center, may call upon any Ministry, Bureaus, Office, agency or instrumentality
of the government, including government-owned or controlled corporations,
particularly the Philippine Charity Sweepstakes Office (PCSO), for such

assistance it may need in the pursuit of its purposes and objectives.

SECTION 5. APPROPRIATIONS - The amount Five Billion Pesos
(P5,000,000,000.00) is hereby appropriated as contribution of the National

Government for the initial operations and maintenance of the Kidney Center of
the year of the effectivity of this Act.

Thereafter, the amount necessary to ensure the continued operations and
maintenance of the Kidney Center shall be duly provided for, appropriated and
released from the General Appropriations Act (GAA), subject to the approval of
the President the Republic of the Philippines.

The funds therefor shall be administered by the Board of the Kidney
Center, in behalf of the Kidney Center.

SECTION 6. AUDITING. The books of accounts of the Kidney Center
shall be under the charge and safekeeping of the Treasurer of the Kidney Center
and of its Chairman, but such books of account shall be subject to periodic


review and auditing by the Chairman of the Commission on Audit, or by his duly
authorized representative.

SECTION 7. POWERS AND FUNCTIONS - For the attainment
and/or furtherance of the above purposes and objectives, the Kidney Center, as
a body corporate, acting through its Board of Trustees, shall have all the powers

pertaining to a juridical person, and is therefore authorized, among other things:

1. To acquire and hold in any property of whatever nature or
description, and to dispose of such property under any mode

of encumbrance or conveyance;

2. To contract and be contracted with;

3. To mortgage, lease, sell, transfer, convey or otherwise

dispose of its properties;

4. To solicit and receive donations, endowments and funds in
the form of contributions, whether in cash or in kind, from
both the public and private sectors;

5. To open such accounts in banks and other financial
institutions, and to disburse such funds or invest the same as

the Board may direct to accomplish or advance the purposes
or interest of the Kidney Center;

6. To invite foreign kidney specialists and similer experts in
the various medical fields to train the personnel or trainees or
residents of the Kidney Center;

7. To send the personnel of the Kidney Center to research
institutes, medical institutes or universities for advance

training or observation and to attend international or regional


conventions, conferences, congresses, seminars as the Board

may deem necessary to accomplish the purposes and
objectives of the Kidney Center;

8. To adopt a set of by-laws, rules and regulations not
inconsistent with law and the provisions hereof to govern the
administration and operation of the affairs of the Kidney
Center; and

9. To do all such other acts and things as are or may be
necessary or incidental for the accomplishment of the

purposes and objectives of the Kidney Center.

SECTION 8. ANNUAL REPORT - The Kidney Center shall render to

the President of the Philippines and the Department of Health annual reports of
its activities, accomplished and recommendations.

SECTION 9. DISSOLUTION OF THE CENTER - If for any reason,
the Kidney Center is dissolved, its assets and properties remaining at the time

of dissolution, shall revert to the Philippine Government for disposition in
accordance with law.

SECTION 10, TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 11. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the

necessary rules and regulations for its effective implementation.


SECTION 12. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions

of this Act are hereby repealed or modified accordingly.

SECTION 13. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other

sections or provisions hereof shall not be affected thereby.

SECTION 14. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

Approved,