SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

meee Ne Baed

INTRODUCED BY HONORABLE MARK A. VILLAR

EXPLANATORY NOTE

This bill seeks to create a National Cancer Institute of the Philippines, in line
with the policy of the state (Section 15, Article II of the 1987 Constitution of the
Republic of the Philippines) to protect and promote the right to health of the people
and instill health consciousness among them.

Based on current statistics, cancer has become the third leading cause of
death in the Philippines. Over the past three decades there has been a significant
increase in the number of people afflicted with Cancer and the number is still
expected to rise in the coming years.

Leading cancer sites/types are lung, breast, cervix, liver, colon and rectum,
prostate, stomach, oral cavity, ovary and leukemia. There is at present a low cancer
Prevention consciousness and most cancer patients seek consultation only at
advanced stages. Cancer survival rates are relatively low.

Hence, this bill provides for the centralization of planning, programs, and
activities related to the prevention, screening, detection, diagnosis and treatment of
cancer. The centralization will apply as well, to the conduct of research related to
malignant diseases, the assignment or distribution of such research activities and the
dissemination or application of beneficial research results

‘As provided in this bill, centralization coupled with the establishment of a
network of regional treatment and research centers will prevent duplication of efforts,
reduce costs, provide a comprehensive view of the cancer-affected sectors, and
enable a more appropriate assignment of priorities on programs/activities/fund
allocation

Moreover, the establishment of regional cancer centers, as envisioned in this
bill, presents in concrete form the government's intention to make specialized health
services more accessible to people outside of highly urbanized areas such as Metro
Manila and the cities of Cebu and Davao where cancer treatment is traditionally
available.


If enacted into a law and properly implemented, the various regional cancer
centers — which will be manned with highly competent staff and equipped with
appropriate facilities - will raise the availability of cancer treatment, reducing the gap
between the supply of and demand for said services, therefore leading to reduced
costs to patients.

Eventually, all these could raise the inflow of medical tourists, increase the
inflow of medical workers from developing countries who will pay for training in the
centers, expand the local sector that provides hospice care for cancer patients, raise
the supply of exportable medical/health workers who are skilled in cancer treatment,
raise the individual/regionalinational incomes from the medical sector, and raise
revenues to finance continuing modemization of the country's cancer-related
services and facilities

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

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MARK A. VILLAR:


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES
HOUSE BILL NO.__ 3384

Introduced by HONORABLE MARK A. VILLAR

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

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

SECTION 1. Short Title. - This Act shall be known as "The National Cancer
Institute Act of 2013”.

SEC. 2. Declaration of State Policy and Principles. - It is hereby declared a
policy and principles of the State to:

(a) Promote specialized, multidisciplinary and comprehensive cancer
research, dissemination and/or utilization of the results of research and development
including the formulation, updating, and implementation of a comprehensive
cancer control pian 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 Bureau of Food and Drug (BFAD), Department of Trade and
Industry, Department of Agriculture and other concerned agencies

(c) Enhance cancer prevention through education of, and information
dissemination to, the public, 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 provides equitable distribution of medical cancer
care in which the treatment is chosen and administered according to the situation of
the patient regardless of financial ability;

(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.

SEC. 3. National Cancer Advisory Board. - There is hereby created the
National Cancer Advisory Board, to be composed of fifteen members as follows:

(a) The Secretary of the Department of Health (DOH), 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
Institutes of Health (NIH) as ex officio members of the Board

(b) Twelve 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
shall receive an honorarium of not more than Fifty Thousand Pesos 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 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, thereof shall constitute a quorum.

SEC. 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 from 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

(©) 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.

(® The Board shall monitor the development and execution of the National
Cancer Program formulated, updated and improved by the NCI 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

(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,

SEC. §. National Cancer Institute. - There is hereby established a National
Cancer Institute which shall compile data, 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 in
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 Department of Science and Technology through
Philippine Council for Health Research and Development will be coordinated
to avoid overlap of projects

SEC. 6. Director of the National Cancer Institute.-


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

(b) In formulating and implementing 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 existing research facilities and personnel of the Department
of Health, the Department of Science and Technology through PCHRD and the
University of the Philippines National Institute for Health for accelerated exploration
of opportunities in areas of special promise.

(3) Encourage and coordinate cancer research by industrial concems where such
concems 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.

SEC. 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 Institute, 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 nonprofit agencies or institutions to
pay all or part of the cost of planning, establishing, or strengthening, and providing
basic operating support for the research centers including, but not limited to, centers
established for clinical research, training, and demonstration of advanced diagnostic
and treatment methods relating to cancer

Such payments 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 are
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 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

SEC. 8. Cancer Control 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 the
circumstances. However, only recognized and duly organized support groups 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.

SEC. 9. Cancer Centers.-

(a) It is hereby established the Regional Cancer Centers 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 the 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) 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 experts or consultants who have
scientific or professional qualifications to be designated in each regional cancer
centers and in the 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 govermments as he deems desirable to advise him with respect
to his functions;

(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 agreements, 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 the other scientific, medical, and biomedical disciplines
and organizations nationally and internationally.

Sec. 10. Presidential Cancer Panel.-

(a) There is established the President's Cancer Panel which shall be composed
of three 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 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
the case of two of the members first appointed, one shall be appointed for a
term of 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

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

(2) Members of the panel shall each be 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.

(c) 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 submit to the
President periodic progress reports on the Program and annually an
evaluation of the efficacy of theProgram 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.

Sec. 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 established within the National institutes 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 Institutes 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 years.

Sec. 12. Appropriation of Funds. The initial fund in the amount of FIFTY
MILLION 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 Gaming Corporation PAGCOR) and shall be directly remitted to a
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

Sec. 13. Implementing Rules and Regulations. The National Cancer Advisory
Board with the involvement of the stake holders shall start to establish the committee
that will promulgate the implementing rules and regulations of this act within 90 days
from the approval of this act

Sec. 14. Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee composed of five (5) members of the Senate
and five (5) members from the House of Representatives. The members from the
Senate shall be appointed by the Senate President based on the proportional
representation of the parties or 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 concemed.

Sec. 15. Separability Clause. if any provision or part hereof is held invalid or
unconstitutional, the remainder of this Act or the provision not otherwise affected
shall remain valid and subsisting

Sec. 16. Repealing Clause. All laws, decrees, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

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

Approved,