EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE
S.B. No. 2015
Introduced by Senator Maria Lourdes Nancy S. Binay
FILED
January
¥NtTb
AN ACT
ESTABLISHING THE GOVERNMENT VACCINE INDEMNIFICATION 
PROGRAM, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Under the Constitution, it is the duty of State to protect and promote the right 
to health of the people and instill health consciousness among them. It is also the 
duty of the State to establish and maintain an effective drug regulatory system that is 
responsive to the country's health needs and problems.
Consistent with these Constitutional mandates, this measure seeks to establish 
a system for vaccine-related injury indemnification to serve as a fair, efficient and 
stable mechanism for individuals to obtain compensation upon occurrence of verified 
vaccine-related adverse events without need to attribute fault or negligence on 
vaccine manufacturers or suppliers. This shall be the primary mode of compensation 
and an alternative to long-drawn, expensive court litigations that constrain vaccine 
recipients from pursuing bona fide claims for vaccine-related injuries.
Vaccine-injury compensation programmes are increasingly regarded as an 
important component of successful vaccination programmes. They have been used 
for the past 50 years to ensure that individuals who are adversely affected in the 
interests of protecting the whole community are adequately compensated and cared 
for.1
Public confidence in the safety and effectiveness of vaccines is essential for the 
successful implementation, of the government's vaccination programs. According to 
the World Health Organization, vaccine hesitancy, which is the reluctance or refusal 
to vaccinate despite the availability of vaccines, threatens to reverse progress made 
in tackling vaccine-preventable diseases. WHO identified vaccine hesitancy as one of 
the ten threats to global health in 2019. In the Philippines, the Dengvaxia controversy
1 No-fault compensation following adverse events attributed to vaccination: a review of international programmes, 
Bulletin of the World Health Organization 2011, retrieved from: https://www.who.int/bulletin/volumes/89/5/10- 
081901/en/.


has contributed to the decline in vaccine confidence. Also, based on a survey 
conducted by Pulse Asia from November 23-December 2, 2020 regarding vaccines 
against COVID-19, out of 2,400 Filipinos aged 18 years old and above, almost half or 
47 percent are not willing to be vaccinated. Only 32 percent are willing to get 
vaccinated while 21 percent are undecided. According to the survey, safety is the main 
reason why almost half of the respondents are not willing to get vaccinated.
The establishment of vaccine-related injury indemnification system will help 
increase confidence in the government's immunization programs and ensure 
sustainability of vaccine supply. First, this system will help protect and compensate 
the most marginalized and vulnerable sectors of society from any unanticipated 
adverse events resulting frorn vaccination. Second, it will remove uncertainty of 
lawsuits for manufacturers and suppliers. Third, it will provide a more fair, efficient 
and stable approach for the injured parties.
In view of the foregoing, the prompt passage of this bill is earnestly sought
maria LOURDES NaKCY S. BINAY


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE
S.B. No. 2015
Introduced by Senator Maria Lourdes Nancy S. Binay
FILED
January
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AN ACT
ESTABLISHING THE GOVERNMENT VACCINE INDEMNIFICATION 
PROGRAM, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
SECTION 1. Short Title.
Indemnification Fund Act"
This Act shall be known as the "Vaccine
SEC. 2. Declaration of Policy. - It is the policy of the State to protect and 
promote the right to hea th of the people and instill health consciousness among them. 
Likewise, it is the State's responsibility to establish and maintain an effective drug 
regulatory system and undertake appropriate policies that are responsive to the 
country's health needs and problems.
Consistent with these Constitutional mandates, the State shall implement a 
system for vaccine-related injury indemnification to serve as a fair, efficient and stable 
mechanism for individuals to obtain compensation upon occurrence of verified 
vaccine-related adverse events without need to attribute fault or negligence on 
vaccine manufacturers or suppliers. This shall be the primary mode of compensation 
and an alternative to long-drawn, expensive court litigations that constrain vaccine 
recipients from pursuing bona fide claims for vaccine-related injuries.
SEC. 3. Sources of the Fund. - The Government Vaccine Indemnification 
Fund (The "Fund") shall be subsidized by pharmaceutical companies that supply 
government with vaccines for public immunization programs. Pharmaceutical 
companies participating in public tenders and are awarded government contracts for 
the supply of such vaccines shall reserve at least one percent (1%) of the contract 
price which shall form part of the Fund. The reserved amount shall be deposited with 
the Bureau of Treasury of the Department of Budget and Management.
SEC. 4. Use of the Fund. - The Fund shall be earmarked exclusively to 
compensate and indemnify identified vaccine recipients who sustain injury in


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connection with the use of vaccines and where adverse effects are attributable to the 
vaccination.
SEC. 5. Management of the Fund. - The Fund shall be managed by the 
Vaccines Compensation Board (the "Board") composed of the following:
1. Secretary of Justice - Chairperson
2. Secretary of Health - Vice-Chairperson
3. Secretary of Budget and Management - Member
4. Secretary of Finance - Member
5. Sectoral representative from the healthcare industry - Member
6. Sectoral representative from the patient advocacy groups - Member
7. Sectoral representative from the medical societies - Member
The sectoral representatives shall have term of office of three (3) years. The 
President of the Philippines shall appoint from among a list of three (3) candidates 
upon the favorable recommendation by the organizations of their respective sectors. 
Upon approval of this Act, the sectoral representative from the healthcare industry 
shall have an initial term of one (1) year and the sectoral representative from patient 
advocacy groups shall have an initial term of two (2) years. Thereafter, the three-year 
term shall apply to all subsequent appointment. No sectoral representative who has 
served a full term shall be eligible for reappointment to the Board.
SEC. 6. Powers and Functions of the Board.
following powers and functions.
The Board shall have the
(a) Provide overall strategic direction and guidance in the implementation of 
this Act including, but not limited to the administration and utilization of the 
Fund, eligibility requirements, rules on filing claims for injury or death and 
the decision-making process, standard of proof required, elements of 
compensation and litigation rights of the parties involved;
(b) Exercise original and exclusive jurisdiction on verified bona fide claims 
compensation or indemnification on vaccine-related injuries or death;
for
(c) Establish an efficient system for reporting and periodic reviews on the use 
and management of the Fund through stringent internal controls and 
information systems; and,
(d) Such other powers as may be proper and necessary to perform their duties 
and responsibilities effectively and with full transparency taking into 
consideration the best interests of all relevant stakeholders.
SEC. 7. Appropriations. - The amount needed for the initial implementation 
of this Act shall be charged against the appropriations of the Department of Health 
(DOH) in the current and subsequent General Appropriations Act. Thereafter, the 
amount needed for the continued implementation of this Act shall be taken from the 
Fund. In case the Fund, after careful assessment and projected utilization, shall be


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insufficient to answer for potentiai claims, the DOH shaii subsidize such amount in the 
supplemental budget to be included in the annual General Appropriations.
SEC. 8 Implementing Rules and Regulations (IRR). - Within six (6) 
months from the approval of this Act, the Department of Justice (DOJ), the 
Department of Health (DOH), and the Department of Budget and Management (DBM), 
and the Department of Finance (DOF) in coordination with other implementing 
agencies, shall formulate rules and guidelines as may be necessary for the proper 
implementation and enforcement of this Act.
SEC. 9. Oversight Committee. - There is hereby created a Joint 
Congressional Oversight Committee (JCOC) to oversee, monitor and evaluate the 
implementation of this Act. The JCOC shall be composed of five (5) members from the 
Senate and five (5) members from the House of Representatives, to be appointed by 
the Senate President and the Speaker of the House of Representatives, respectively. 
It shall be jointly chaired by Chairpersons of the Senate Committee on Health and 
Demography and the House of Representatives Committee on Health.
SEC. 10. Separability Clause. - if any provision of this Act is held invalid or 
unconstitutional, the other provisions not so declared shall remain in force and effect.
SEC. 11. Repealing Clause. - All laws, rules, regulations, orders, circulars, 
and memoranda incons stent with any provisions of this Act are hereby repealed, 
amended or modified accordingly.
SEC. 12. Effectivity Clause. - Notwithstanding the non-issuance of the IRR, 
this Act shall take effect fifteen (15) days after its publication in the Official Gazette 
or in at least two (2) newspapers of general circulation.
Approved,