CONGRESS OF THE PHILIPPINES 
) 
SIXTEENTH CONGRESS 
) 
Second Regular Session 
) 
'14 
DEG -3 P4 :31 
SENATE 
Senate Bill No. 2484 
Introduced By Senator Vicente C. Sotto III 
AN ACT 
PROMOTING MENTAL HEALTH. PROMULGATING A NATIONAL MENTAL 
HEALTH POLICY TOWARDS THE ENHANCEMENT OF INTEGRATED 
MENTAL HEALTH SERVICES. THE PROMOTION AND PROTECTION OF 
PERSONS UTILIZING MENTAL HEALTH SERVICES AND THE 
ESTABLISHMENT OF A PHILIPPINE MENTAL HEALTH COUNCIL 
EXPLANATORY NOTE 
The right of all Filipinos to have a healthy life is protected under 
Article 2, Section 15 of the Philippine Constitution which states that "the 
State shall protect and promote the right to health of the people and instill 
health consciousness among them." An important dimension of this right to 
health is mental health because "health," as defined in the World Health 
Organization Constitution, is "a state of complete physical, mental, and 
social well-being and not merely the absence of disease or infirmity." 
PhYSical health and. mental health are inseparable in terms of achieving a 
more complete state of wellness. 
However, as an aspect of health, mental health has not been given 
much priority. The resources that have been provided to tackle the huge 
burden of mental disorders are insuffiCient, inequitably distributed, and 
ineffiCiently used. Studies show that the proportion of persons with 
mental illness who do not receive any treatment for at least one year in 
low and middle income countries range between 75%to 85%. 
1 


In the Philippines, studies reveal the extent of the mental health 
needs of the country's population. For example, the Global School Based 
Health Survey (WHO 2011) has shown that 16% of students between 13-15 
years old have ever seriously considered attempting suicide during the past 
year while 13% have actually attempted suicide one or more times during 
the past year. A study conducted by the Department of Health among 
government employees in Metro Manila revealed that 32% out of 327 
respondents have experienced a mental health problem in their lifetime 
(DOH 2006). The incidence of suicide in males increased from 0.23 to 3.59 
per 100,000 between 1984 and 2005 while rates rose from 0.12 to 1.09 per 
100,000 in females (Redaniel, Dalida and Gunnell 2011). Almost one per 
100 households (0.7%) has a member with mental disability (DOH-SWS 
2004). Intentional self-harm is the ninth leading cause of death among 20-
24 years old (DOH 2003). 
Compounding these problems, persons with mental illness are 
vulnerable to abuse in healthcare settings. A recent report of the UN 
Special Reporter on Torture raised alarm on the prevalence of practices 
which can be considered "cruel and inhuman, degrading treatment" or 
even torture in health care settings. The report cites that persons with 
psychosocial disabilities, including those with long term sensory and 
intellectual impairments who have been neglected or detained in a variety 
of settings, from psychiatric to social care institutions or other residential 
centers, may be subject to all kinds of abuses or violence. 
It is in this context that international bodies like the WHO have 
advocated for mental health legislation with a "rights-based" approach. In 
its 2003 document Mental Health Legislation and Human Rights, the WHO 
noted the following: "(I) People with mental disorders constitute a 
vulnerable section of SOCiety. (2) Mental health legislation is necessary for 
protecting the rights of people with mental disorders. (3)Mental health 
2 


l' 
legislation is concerned with more than care and treatment. It provides a 
2 
legal framework to address critical mental health issues such as access to 
3 
care, rehabilitation and aftercare, full integration of people with mental 
4 
disorders into the community, and the promotion of mental health in 
5 
different sectors of SOCiety. (4) There is no national mental health legislation 
6 
in 25% of countries with nearly 31 % of the world's population. (5) Mental 
7 
health legislation is an integral pari of mental health policy and prOvides a 
8 
legislative framework for achieving the goals of such policy." 
9 
10 
The purpose of this bill is to incorporate and institutionalize 
11 
comprehensive mental health services into the national health system of the 
12 
Philippines. The aim is to render available, accessible, affordable and 
13 
equitable quality mental health care and services to Filipinos, especially the 
14 
poor, underserved and high-risk population. The passage of this proposed 
15 
law will help promote mental health among the general population. 
16 
17 
In this context, passage of the Bill is earnestly requested. 
Senator 
3 


CONGRESS OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
Second Regular Session 
SENATE 
Senate Bill No. 2484 
Introduced By Senator Vicente C. Sotto III 
1 
AN ACT 
'j/J 
DEC -3 . P 4 :31 . 
2 
PROMOTING MENTAL HEALTH. PROMULGATING A NATIONAL MENTAL 
3 
HEALTH POLICY TOWARDS THE ENHANCEMENT OF INTEGRATED 
4 
MENTAL HEALTH SERVICES. THE PROMOTION AND PROTECTION OF 
5 
PERSONS UTILIZING MENTAL HEALTH SERVICES AND THE 
, 6 
ESTABLISHMENT OF A PHILIPPINE MENTAL HEALTH COUNCIL 
7 
8 
Be it enacted by the Senate and House oj Representatives oj the Philippines 
9 
in Congress assembled: 
10 
11 
SECTION. 1. Short Title. --This Act shall be known as the "Philippine 
12 
Mental Health Act of 2014", 
13 
14 
SEC. 2. Declaration of Policy. -It is hereby declared that the policy of the 
15 
State is to uphold the basic right of all Filipinos to mental health and to 
16 
respect the fundamental rights of people who reqUire mental health 
17 
services, As recognized in the Universal Declaration of Human Rights, the 
18 
International Covenant on Economic, Social and Cultural Rights, and the 
19 
International Covenant on Civil & Political Rights, persons with mental 
20 
disabilities have the right to equality and non-discrimination, dignity and 
21 
respect, privacy and individual autonomy, information and participation, 
4 


1 
The state, being a signatory to the Convention, recognizes that people with 
2 
mental disabilities have the right to equality and non-discrimination, 
3 
dignity and respect, privacy and individual autonomy, information and 
4 
participation. The State, being a signatory to the Convention, recognizes 
5 
that people with mental disabilities by virtue of the nature and/or severity 
6 
of their illness, have specific vulnerabilities and therefore need special care 
7 
that is appropriate to their needs and is based on nationally and 
8 
internationally-accepted standards. 
9 
10 
The State recognizes its obligations as a State-Party to the UN Convention 
11 
on the Rights of Persons with Disabilities under Article 4 of the present 
12 
Convention "to ensure and promote the full realization of all human rights 
13 
and fundamental freedoms for all persons with disabilities without 
14 
discrimination of any kind on the basis of disability." Likewise, the State 
15 
aligns itself with the UN General Assembly resolution 46/119 of December 
16 
17, 1991, on the Principles For The Protection Of Persons With Mental 
17· 
Illness And The Improvement Of Mental Health Care that lays down the 
18 
poliCies and guidelines for the protection from harm of persons with mental 
19 
disabilities and the improvement of mental health care. 
20 
21 
Through the passage of this Philippine Mental Health Act, the State 
22 
commits to the promotion and protection of the rights of the person with 
23 
mental health needs and the belief that addressing their profound social 
24 
disadvantage enhances their significant contribution in the civil, 
25 
political, economic, social and cultural spheres. 
26 
27 
SEC 3.0bjectives. -The following are the objectives of this Philippine 
28 
Mental Health Act: 
29 
30 
(al Ensure a community of Filipinos who are mentally healthy, able to 
31 
contribute to the development of the country and attain a better 
5 


1 
quality of life through access to an integrated, well-planned, effectively 
2 
organized and efficiently delivered mental health care system that 
3 
responds to their mental health needs in equity with their physical 
4 
health needs. 
5 
6-
(b) Promote mental health, protection of the rights and freedoms of 
7 
persons with mental health needs and the reduction of the burden 
8 
and consequences of mental ill-health, mental and brain disorders 
9 
and disabilities . 
. 10 
11 
(c) Provide the direction for a coherent, rational, and unified response 
12 
io the nation's mental health problems, concerns and efforts. 
13 
14 
SEC. 4. Definition of Terms. - For the purpose of this Act, the following 
15 
terms shall be defined as follows: 
16 
17 
(a) Mental health refers to a state of well being in which every 
18 
individual realizes his or her own potential, can cope with the normal 
19 
stresses of life, can work productively and fruitfully, and is able to 
20 
make a contribution to his or her community. 
21 
22 
(b) Mental illness refers 
to mental or psychiatric disorder 
23 
characterized by the existence of recognizable changes in the 
24 
thoughts, feelings and general behavior of an individual brought 
25 
about by neurobiological and/or psychosocial factors causing 
26 
psychological, intellectual or social dysfunction 
27 
(c) Psychosocial problem refers to a condition that indicates the 
28 
existence of disturbances in the individual's behavior; thoughts and 
29 
feelings brought about by sudden, extreme or prolonged stressors in 
30 
the physical or social environment. 
6 


1 
(d) Patient refers to a person receiving/utilizing mental health care 
2 
and treatment from a mental health care facility or clinic. 
3 
4 
(e) Legal representative refers to a substitute decision-maker 
5 
charged by law with the duty of representing a patient in any specified 
6 
undertaking or of exercising specified rights on the patient's behalf. 
7 
The legal representative may also be a person appOinted in writing by 
8 
the patient to act on his/her behalf unless the patient lacks mental 
9 
capacity, or otherwise fails to appoint a legal representative in writing, 
10 
in which case the legal representative shall be taken to be in the 
11 
following order: 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
(1) the spouse, if any, unless permanently separated from the 
patient as rendered by a Court of competent jurisdiction, or 
has deserted or has been deserted by the patient for any period 
which has not come to an end; or 
(2) sons and daughters over the age of eighteen years; or 
(3) either parent by mutual consent; 
(4) a person appointed by a decree of a Court to represent the 
patient. 
24 
(f) Mental health professionals refer to persons trained and Board 
25 
certified to practice psychiatry as well as licensed psychologists, 
. 26 
guidance counselors and psychometricians. 
27 
(g) Board certification refers to the process of qualifYing medical 
28 
speCialists through requirements and examinations set by the Board 
29 
of the particular medical specialty so apPOinted or elected for that 
30 
specific purpose by the registered members of the medical specialty 
31 
association. 
7 


1 
(h) Mental health workers refer to trained volunteers and advocates 
2 
engaged in mental health promotion and services under the 
3 
supervision of mental health professionals. 
4 
5 
(i) Allied professionals refer to any formally educated and trained 
6 
non-mental health professionals such as (but not limited to) 
7 
physicians, 
social 
workers, 
nurses, 
occupational 
therapists, 
8 
recreational therapists, priests, ministers, pastor, and nuns. 
9 
10' 
OJ 
Mental disability refers to impairments, activity limitations, and 
11 
individual and participatory restrictions denoting dysfunctional 
12 
aspects of interaction between an individual and his environment. 
13 
. 14 
U) Mental or psychological incapacity is the inability to: 
15 
16 
(1) Understand the information given concerning the nature 
17 
of the disorder: 
18 
(2) Understand the consequences that his/her decisions 
19 
and actions have for his/her own life or health and for 
20 
the life and health of others, which may be serious and 
21 
irreversible; 
22 
(3) Understand that treatment might mitigate or remedy the 
23 
condition and that lack of treatment might aggravate it; 
24 
(4) Understand information about the nature of treatment 
25 
proposed, including the means of treatment, its direct 
26 
effects and its possible side effects: and 
27 
(5) Effectively communicate with others regarding his/her 
28 
29 
condition 
and 
his/her 
consent 
to 
treatment 
or 
hospitalization. 
8 


1 
(k) Career refers a person who mayor may not be the patient's s next 
2 
of kin nor relative who maintains a close personal relationship with 
3 
the patient and manifests concern for his welfare. 
4 
(l) Psychiatric emergencies are conditions which may present a 
5 
serious threat to the person's wellbeing and/or that of others 
6 
requiring immediate psychiatric interventions such as in cases of 
7 
attempted suicide, acute intoxication, severe depression, acute 
8 
psychosis, or violent behavior. 
9 
10 
(m) ''Discrimination on the basis of disability" means any 
11 
distinction, exclusion or restriction on the basis of disability which 
12 
has the purpose or, effect of impairing or nullifYing the recognition, 
13 
enjoyment or exercise, on an equal basis with others, of all human 
14 
lights and fundamental freedoms in the political, economic, social, 
15 
cultural, civil or any other field. It includes all forms of discrimination, 
16 
including denial of reasonable accommodation1 
17 
18 
SEC. 5. Rights of Persons with Mental Health Needs. -
Without 
19 
prejudice to anything provided in this Act and unless prevented by law, 
20 
persons with mental health needs shall have the right to: 
21 
22 
(a) 
Exercise all their inherent civil, political, economic, social, 
23 
religiOUS, educational and cultural rights respecting individual 
24 
25 
26 
27 
28 
29 
30 
qualities, abilities and diverse backgrounds and without any 
discrimination on grounds of physical disability, age, gender, 
sexual orientation, race, color, language, religion or national or 
ethnic or social origin of the patient concerned; 
(b) 
Receive treatment of the same quality and standard as 
other individuals in a safe and conducive environment. 
9 


l' 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14, 
15 
16 
17 
(c) 
Receive treatment which addresses holistically their 
needs through a multidisciplinary care plan approach; 
(d) 
Receive treatment in the least restrictive environment and 
in the least restrictive manner; 
(e) 
Protection from torture, cruel, inhuman and degrading 
treatment 
(f) 
Receive aftercare and rehabilitation when possible in the 
community so as to facilitate their social inclusion; 
(g) 
Be adequately infonned about the disorder and the 
multidisciplinary services available cater to their needs and the 
treatment options available; 
(h) Actively 
participate 
in 
the 
fonnulation 
of 
the 
multidisciplinary treatment plan; 
18 
(i) Give free and infonned consent before any treatment or care 
. 19 
is provided and such cons shall be recorded in the patient's 
20 
clinical record. This is without prejudice to the patient's right to 
21 
withdraw consent; 
22 
23 
OJ Have a responsible legal representative and career of their 
24 
choice whenever possible; 
25 
26 
27 
28 
29 
30 
31 
32 
33 
(k) Confidentiality of all infonnation about themselves, illness 
and treatment in whatever fonn stored, which infonnation shall 
not be revealed to third parties without their consent unless: 
(1) There is a life threatening emergency when infonnation is 
urgently required to save lives; or 
(2) it is in the interest of public safety; or 
(3) ordered by court to do so; or 
10 


1 
(4) whosoever is requesting such infonnation is entitled by 
2, 
law to receive it, 
3 
4 
(1) Access to their clinical records unless, in the opinion of his/her 
5 
attending mental health professional, revealing such information may 
6 
cause harm to the person's health or put at risk the safety of others. 
7 
When any infonnation is withheld, the patient or the legal 
8 
representative may contest such decision with the appropriate 
9 
hospital/mental health facility body authorized to investigate and 
10 
resolve disputes or to the Commission on Human Rights 
11 
12 
(m) Be informed within twenty-four hours of admission to a facility of 
13 
their rights in a form and language which the patient understands, 
14 
which information shall include an explanation of those rights and 
15 
how to exercise them, unless they are mentally incapacitated, in 
16 
which case the legal representative and the career are entitled to such 
17 
information; 
18 
ARTICLE I 
19 
20 
21 
Protection of Persons Utilizing Mental Health Services 
22 
SEC. 6. The State through its authorized agenCies shall ensure conditions 
23 
for a safe, therapeutic and hygienic environment with sufficient privacy in 
24 
mental health facilities and shall be responsible for the licensing, 
25 
monitoring and assessment of all mental health facilities. 
26 
SEC. 7. The State through its authorized agencies shall ensure that all 
27 
public and private mental health institutions are protecting the rights of 
28 
patients against cruel, inhuman and degrading treatment and/or torture. 
29 
It shall prohibit forced or inadequately remunerated labor within mental 
30 
health institutions. This does not include activities justified as part of an 
31 
accepted therapeutic treatment. 
11 


1 
The Commission on Human Rights is authorized to inspect both public 
2 
and private mental health facilities upon complaints that patients therein 
3 
are treated in a manner less than humane or are victims or torture and 
4 
other cruel, inhuman and degrading treatment. 
5 
6 
SEC. 8. The use of solitary confinement shall be prohibited. 2 
7 
8 
SEC. 9. The Department of Health through the Philippine Mental Health 
9 
Council as the primary duty-bearer shall develop alternatives to 
10 
institutionalization, in particular community-based treatment with a view 
11 
of receiving persons discharged from hospitals. 3 Such alternatives should 
12 
meet the needs expressed by persons with mental disorders and respect 
13 
the autonomy, choices, dignity and privacy of the person concerned. 4 
14 
15 
SEC. 10. The Department of Health, the Commission on Human Rights 
16 
and/or the Department of Justice shall receive all complaints of 
17· 
improprieties and abuses in mental health care and shall initiate 
18 
appropriate investigation and action against those who authorized the 
19 
confinement and committed the improprieties and abuses. 
20 
21 
SEC. I1.The patient/legal representative shall be entitled to a competent 
22 
counsel of his own choice. In case he cannot afford one, the Public 
23 
Attorney's Office or any legal aid institution of his/her choice will assist 
24 
him. 
25 
SEC. 12. The Commission on Human Rights and other monitoring bodies 
26 
are authorized to conduct inspection of all places where psychiatric 
27 
patients are held for involuntary treatment or otherwise, to ensure full 
28 
compliance with domestic and international standards governing the legal 
29 
basis for treatment and detention, quality of medical care, and living 
30 
standards. 
12 


1 
SEC. 13.The patient and his/her legal representative and carer shall be 
2 
entitled to effective participation in the development of legislation. 
3 
4 
SEC. 14. Oversight and Quasi Judicial Procedures. 
5 
6' 
(a) The State shall mandate the appointment of a Focal Commissioner on 
7 
Mental Health under the Commission on Human Rights under such terms 
8 
as deemed appropriate with the following functions and duties: 
9 
.10 
(1) 
Promote and safeguard the rights of persons utilizing 
11 
mental health services and their careers; 
12 
13 
(2) 
Review any policies and make such recommendations to 
14 
any competent authority to safeguard or to enhance the rights 
15 
of such persons and to facilitate their social inclusion and 
16 
wellbeing; 
17 
18 
(3) 
Investigate any complaint alleging breach of patient's 
19 
rights 
and 
take 
any 
subsequent 
action 
or 
make 
20 
recommendations which may be required to protect the welfare 
21 
of that person; 
22 
23 
(4) 
Investigate any complaint about any aspect of care and 
24 
treatment provided by a facility or a health care professional 
25 
and take any decisions or make any recommendations that are 
26 
required; 
27 
28 
(5) 
Conduct regular inspections, at least annually, of all 
29 
facilities to ascertain that the rights of patients and all the 
30 
proviSions of this Act are being upheld. During such visit the 
31 
Focal Commissioner shall have unrestricted access to all parts 
13 


1 
of the facility and the right to interview in private any 
2 
consenting patient; 
3 
4 
(6) 
Report any case amounting to a breach of human rights 
5 
within a facility to the Department of Health and any other 
6 
appropriate 
competent 
authority 
recommending 
the 
7 
rectification of such a breach and take any other proportional 
8. 
action he deems appropriate; 
9 
10 
(7) 
Report to the Department of Health and to any other 
11 
appropriate competent authority any healthcare professional 
12 
for breach of human rights or for contravening any provision of 
13 
this Act and this without prejudice to any other proportional 
14 
action that he may deem necessary to take; 
15 
16 
(8) 
Present to the Commission on Human Rights an annual 
17 
report of activities; 
18 
19 
(9) 
Any other function which the Commission on Human 
20 
Rights may prescribe by regulations under this Act. 
21 
22 
(b) In the performance of his/her functions. the Focal Point Commissioner 
23 
on Mental Health shall be assisted by and shall consult with: (1) healthcare 
24 
professionals; (2) service users and careers; and (3) other relevant 
. 25 
stakeholders. 
26 
27 
SEC. 15. Duties of Health Authorities 
28 
29 
Health authorities: 
30 
(a) Shall ensure that guidelines and protocols for minimizing 
31 
restrictive care are established. 
14 


1 
(b) Are compelled to inform patients of their rights. Every patient. whether in 
2 
voluntary or involuntary treatment. should be fully informed about the 
3 
treatment to be prescribed and the reason for recommending it and given 
4 
the opportunity to refuse treatment or any other medical intervention. 
5 
Informed consent must be sought from all psychiatric patients at all times 
6 
except in instances of mental or psychological incapacity as defined in 
7 
Section 3. 
8 
9 
(c) Must ensure that any involuntary medical treatment and restraint. 
10 
physical or chemical, for those with mental disorder can only be used to 
11 
the extent strictly necessary under the following conditions: 
12 
13 
(1) In psychiatric emergencies. 
14 
15 
(2) That the treatment without consent and restraint is at the order of an 
16 
attending physician whose orders must be reviewed by a Board 
17 
certified psychiatrist as soon as possible or within one month. 
18 
19 
(3)That the decision to subject the patient to involuntary treatment 
20 
is resorted to only when all other means of control have been 
21 
attempted and failed. 
22 
23 
(4) That the head of the institution, medical or mental health facility 
24 
will oversee su'ch a decision strictly following approved guidelines, 
25 
which include clear criteria for regulating the application and 
26 
termination of such interventions. 
27 
28 
(5) Used only for the shortest possible period of time as assessed by a 
29 
Board certified psychiatrist or attending physician under the 
30 
supervision by a Board certified psychiatrist. 
31 
32 
(6) Recorded and subjected to regular external independent monitoring. 
15 


1 
(d) Must certify that the patient who has been subject to any intervention 
2 
without consent has been debriefed as soon as the mental condition 
3 
meaningfully permits it and he/she and the legal guardian or substitute 
4 
decision-maker must have access to the medical records. 
5 
6 
(e) Must keep a register on involuntary treatment and procedures. 
7 
8 
(f) Must ensure that the decision for the need for a legal representative 
9 
or substitute decision-maker shall be made only for reasons of mental 
10 
incapacity and shall be made 
following 
established judicial 
11 
procedures which should ensure that the rights. will and preferences 
12 
of the patient are respected as far as possible; it should be: 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
(l)Tailored 
to 
the 
patient's 
circumstances, 
i.e., 
be 
proportional to the degree to which such measures 
affects the patient's rights and interests; it shall only 
apply in the fields where the patient's judgment is failing 
and where decision making is necessary; 
(2) Applied for the shortest time possible; 
(3) Free of conflicts of interest and undue influence from 
family members, the institution where the person is 
treated or others; 
(4) Subject to regular review by a competent, independent 
and impartial authority or judicial body; 
(5) Overseen by an independent monitoring body; and 
(6) Subject to appeal by the person or a trusted next of kin. 
16 


1 
(g) Must ensure that families or other primary careers are entitled to 
2 
information about the person with a mental disorder unless the patient 
3 
refuses the divulging of such information. 
4 
5 
(h) Must involve family members or other primary careers in the 
6 
formulation and implementation of the patient's individualized 
7 
treatment plan. 
8 
9 
(il Must make transparent and accessible to the person affected and 
10 
his/her family the decision to apply involuntary treatment, as this is an 
11 
essential factor for building and maintaining mutual confidence. 
12 
13 
Q) Must mandate the creation of an appropriate body. which will ensure 
14 
compliance with the requirements and procedures provided by this act. 
15 
16 
(k) Must provide the patient under treatment and hospitalisation without 
17 
consent access 
to an independent mechanism 
of complaint and 
18 
compensation for any inappropriate treatment provided. Complaints 
19 
mechanisms must: 
20 
21 
(1) Be designed in a manner that is sensitive to the particular needs of 
22 
the patient; 
23 
24 
(2) Provide the individual with the necessary assistance to lodge a 
25 
complaint, and the complaint mechanism must be empowered to 
26 
inquire effectively and independently into the circumstances leading 
27 
to the complaint; 
28 
(3) Be mandated to initiate disciplinary sanctions or pass the case to 
29 
the prosecuting authorities with a view to initiating a criminal 
30 
investigation against a 
person or persons found 
guilty of 
31 
misconduct; and 
17 


1 
(4) Ensure that complaints are dealt with in a speedy manner. 
2 
3 
ARTICLE II 
4 
The Philippine Mental Health Council 
5 
SEC. 16. The Philippine Council for Mental Health, hereinafter referred to 
6 
as the Council, is hereby established as an attached agency under the 
7 
Department of Health (DOH), to provide for a coherent, rational and unified 
8 
response to mental health problems, conceITlS and efforts through the 
9 
formulation and implementation 'of 
10 
the National Mental Health Care Delivery System. 
11 
12 
For purposes of this Act, the National Mental Health Care Delivery System 
13 
shall constitute a quality mental health care program, through the 
14 
development of efficient and effective structures, systems and mechanisms, 
15 
that will ensure equitable, accessible, affordable, appropriate, efficient and 
16' 
effective delivery of mental health care to all its stakeholders by qualified, 
17 
competent, compassionate and ethical mental health professionals and 
18 
mental health workers. 
19 
20 
SEC. 17. Duties and Functions. - The Council shall exercise the following 
21 
duties: 
22 
23 
(a) Review and formulate poliCies and guidelines on mental health 
24 
issues and conceITlS; 
25 
26 
(b) Develop a comprehensive and integrated national plan and 
27 
program on mental health; 
28 
29 
(c) Conduct regular monitoring and evaluation in support of policy 
30 
formulation and planning on mental health; 
18 


1 
(d) Promote and facilitate collaboration among sectors and disciplines for 
2 
the development and implementation of mental health related programs 
3 
within these sectors; 
4 
5 
(e) Provide over-all technical supervision and ensure compliance with 
6 
poliCies. programs. and projects within the comprehensive framework of the 
7 
National Mental Health Care Delivery System and other such activities 
8 
related to the implementation of this Act. through the review of mental 
9 
health services and the adoption of legal and other remedies provided by 
10 
law; 
11 
12 
(f) Plan and implement the necessary and urgent capacity building. 
13 
reorientation and training programs for all mental health profeSSionals, 
14 
mental health workers and allied professionals as articulated in this Act; 
15 
16 
(g) Review all existing laws related to mental health and recommend 
17 
legislation which will sustain and strengthen programs. services and 
18 
other mental health initiatives; 
19 
20 
(h) Conduct or facilitate the implementation of studies and researches on 
21 
mental health. with special emphasis on studies that would serve as basis 
22 
for developing appropriate and culturally relevant mental health services in 
23 
the community; 
24 
25 
(i) Create inter-agency committees. project task forces. and other groups 
26 
necessary to implement the policy and program framework of this Act; 
27 
28 
OJ Perform other duties and functions necessary to carry out the purposes of 
29 
this Act; and 
30 
31 
(k) Collaborate with the following agencies specifically: 
19 


1 
2 
3 
4 
5 
6· 
7 
8 
9 
(1) 
The Department of Science and Technology (DOST) 
and attached agencies like the Philippine Institute of 
Traditional and Alternative Health Care (PITAHC) and the 
Philippine Council for Health Research and Development 
(PCHRD) to advance research on basic and clinical studies 
into mental illness and complementary and alternative 
treatmenL 
(2) 
The Department of Education (DepEd) and the 
10 
Commission on Higher Education (CHED) to develop school 
11 
based mental health promotion, screening and referral 
12 
systems. 
13 
14 
(3) 
The 
Philippine 
Health 
Insurance 
Corporation 
15 
(PhilHealth) to make sure that availability of insurance 
16 
packages is in place with substantial equity to physical 
17 
disorders with similar impact to the patient as measured by 
18 
Disability Adjusted Life Years or similar instrumentation. 
19 
20 
(4) 
The Technical Education and Skills Development 
21 
Authority (TESDA), the Department of Social Welfare and 
22 
Development (DSWD), the Department of Agriculture (DA), 
23 
the Department of Trade and Industry (DTI), the Department 
24 
of Environment and Natural Resources 
(DENR), 
the 
25 
Department of the Interior and Local Government (DILG) and 
26 
other agencies to develop vocational opportunities via 
27 
innovative 
systems 
like 
Care 
Farms, 
Psychosocial 
28 
Rehabilitation and similar modalities with program design 
29 
and planning in conjunction with psychiatrists and other 
30 
mental health speCialists. 
20 


1 
(5) 
The Department of Labor and Employment (DOLE) to 
2 
promote diversity and equal protection in the workplace 
3 
mandating companies to develop programs to enhance 
4 
mental wellness of all employees and ensure work 
5 
accommodations of mentally ill. 
6 
7 
(6) 
The National Economic and Development Authority 
8 
(NEDA) to envision programs to promote the mental wealth 
9 
of our nation, including inclusive growth for the mentally ill. 
10 
11 
(7) 
The National Center for Health Promotion to lead in 
12 
the formulation of the standard and the development of 
13 
mental health information, education and communication 
14 
and advocacy strategies to ensure the promotion of a totally 
15 
healthy and less stressful lifestyle for the Filipinos. 
16 
17 
(8) 
The National Epidemiological Center to develop and 
18 
update the epidemiology of mental diseases and services 
19 
available in the country in the form of a census or a similar 
20 
instrument. 
Research 
into 
epidemiology, 
risk 
factors, 
21 
treatment and management of mental disorders should be 
22 
given a 
priority. It shall ensure the development or 
23 
enhancement of national reporting and surveillance systems 
24 
and 
methodologies 
and 
the 
generation, 
availability, 
. 25 
accessibility, 
sharing, 
exchange, 
and 
distribution 
of 
26 
information and knowledge on mental health and the 
27 
establishment of the national registry of mental and 
28 
neurological cases. 
29 
30 
(9) 
The Philippine Statistical Authority to formulate and 
31 
integrate mental health protective risk factors and other such 
21 


1 
2 
3 
4 
5 
6 
7 
8 
9 
data that may help in the formulation of poliCies towards 
mental wellness and prevention of mental illness. 
(10) 
The Commission on Human Rights on matters 
pertaining 
to 
human 
rights 
issues. 
particularly. 
the 
protection of persons utilizing mental health services and the 
prevention of cruel. inhuman and degrading treatment in 
mental health care facilities. 
10' 
SEC. 18. Composition. - The Council shall be composed of the following: 
11 
-The Secretary of Health. as ex officio chairman; The Executive Director. as 
12 
vice chairman and Chief Executive Officer; -Two (2) representatives from 
13 
the government sector; One (1) representative [rom the private health 
. 14 
sector 
or 
consumer 
groups; 
-One 
(1) 
representative 
from 
the 
15 
academe/research; 
Two 
representatives 
from 
the 
professional 
16 
organization; and Two (2) representatives from the allied nongovernment 
17 
organizations involved in mental health issues. as members. 
18 
19 
The President from among the nominees of their respective organizations 
20 
shall appoint the members of the Council. 
21 
. 22 
SEC. 19. Tenn of Office. - The members of the Council shall serve for 
23 
three (3) years. In case a vacancy occurs in the Council. any person chosen 
24 
to fill the vacancy shall serve only for the unexpired term of the member 
25 
whom he succeeds. 
26 
27 
SEC. 20. Per Diem. -
The members of the Council shall receive 
28 
reasonable per diems and transportation allowance as may be fixed by 
29 
the Council for any meeting actually attended. 
22 


1 
SEC.21. Quorum. - The presence of a majority of the members of the 
2 
Council shall constitute a quorum. 
3 
4 
SEC.22. Meetings. - The Council shall meet at least once a month or as 
5 
frequently as necessary to discharge its duties and functions. The 
6 
Council shall be convoked by the Chairman or upon written request of at 
7 
leasi three (3) of its members. 
8 
9 
SEC. 23. Executive Director. - (a) The Council shall appoint an Executive 
lO 
Director who shall serve for a ierm of three (3) years. The Executive 
11 
Director shall be eligible for one 
12 
13 
(1) reappointment and shall not be removed from office 
14 
except in accordance with existing laws. 
15 
16 
(b) The Executive Director shall the following duties and 
17 
functions: 
18 
19 
20 
21 
22 
23 
(1) 
Act as chief executive officer of the Council and 
assume full responsibility in implementing its purposes 
and objectives; 
(2) 
Mainiain a close and functional relationship with 
24 
the Department of Health and other government and 
25 
private entities concerning mental health care; 
26 
(3) 
Formulate, develop, and implement, subject to the 
27 
approval of the Council, measures that will effectively carry 
, 28 
oui the policies laid down by the Council; 
29 
30 
(4) 
Execute and administer all approved 
policies, 
23 


1 
programs 
and 
measures, 
and 
allocate 
appropriate 
2 
resources for their implementation; 
3 
4 
5 
6 
7 
8 
9 
10 
(5) 
Recommend 
to 
the 
appointment of personnel 
Secretary 
of 
Health 
the 
of the Council including 
supervisory, technical, clerical and other personnel in 
accordance with the staffing patterns and organizational 
structure approved by the Council; and, 
(6) 
Represent 
the 
Council 
in 
all 
of its 
official 
11 
transactions or dealings and authorize legal contracts, 
12 
annual 
reports, 
financial 
statements, 
and 
other 
13 
documents. 
14 
15 
SEC. 24. Salary. - The Executive Director shall receive a salary to be fixed 
16 
by the Council in accordance with the Salary Standardization Law. 
17 
. 18 
SEC. 25. Appointment of Members. - Within thirty (30) days from the 
19 
date of this Act, the President of the Philippines shall appoint the 
20 
members of the Council. 
21 
22 
SEC. 26. Advisory Board. -The Philippine Mental Health Council shall 
23 
create an advisory board conSisting of mental health care users, careers and 
24 
professionals, representatives of the DOH as well as visiting bodies under 
25 
national and international obligations of the State. 
26 
ARTICLE III 
27 
Miscellaneous Provisions 
28 
29 
SEC. 27. Implementing Rules and Regulations (IRR). -Within (90) 
30 
days from the effectivity of this Act, the Secretary of Health shall, in 
24 


1 
coordination with the Council, fonnulate the implementing rules and 
2 
regulations necessary for the effective implementation of this Act, 
3 
4 
SEC. 28. Appropriation. -The initial amount of 170 million pesos is 
5 
hereby appropriated for the initial implementation of this Act. Thereafter, 
6 
any amount as may be necessary to carry out the provisions of this Act 
7 
shall be included in the General Appropriations Act. 
8 
9 
Regional hospitals shall be provided with financial support to maintain 
10 
their own Mental Health Unit capable of catering to 50 to 100 patients. 
11 
12 
Local Government Units should require business establishments to donate 
13 
from one to three percent (1 % to 3%) of their gross sales to support the 
14 
Mental Health Program of the city or municipality. Donations will be treated 
15 
as tax shelter by the BIR. 
16 
17 
SEC. 29. Separability Clause. - If any provision of ihis Act is held 
18 
invalid or unconstitutional, the remainder of the Act or the provision not 
19 
otherwise affected shall remain valid and subsisting. 
20 
21 
SEC.30. Repealing Clause. -Any law, presidential decree or issuance, 
22 
executive order, letter of instruction, . administrative rule or regulation 
23 
contrary to or inconsistent with the provisions of this Act is hereby 
24 
repealed, modified or amended accordingly. 
25 
26 
SEC. 31. Effectivity - This Act shall take effect fifteen (15) days upon its 
27 
publication in at least two (2) national newspapers of general circulation. 
APPROVED, 
25