Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
Second Regular Session

8643

HOUSE BILL NO.

Introduced by HONORABLE WES GATCHALIAN

AN ACT
AMENDING REPUBLIC ACT NO. 11332, OTHERWISE KNOWN AS THE
MANDATORY REPORTING OF NOTIFIABLE DISEASES AND HEALTH EVENTS
OF PUBLIC HEALTH CONCERN ACT TO INCLUDE FALSIFICATION OF ANY
FORMS OF NOVEL CORONAVIRUS TEST RESULT AND PROVIDING PENALTIES
THEREFOR

EXPLANATORY NOTE

With the outbreak of the Novel Coronavirus (COVID-19) pandemic in 2020, the
Philippines was placed under Enhanced Community Quarantine (ECQ) for several
months, which proved to be detrimental to the livelihood of Filipinos, and
consequently the economy. When the Government started to gradually open the
economy, they coupled such easing of restrictions with measures that will secure the
health and safety of those who must physically report to work and those who wishes
to enter establishments.

Part of these health and safety protocols is the presentation of negative COVID-19
test results. However, due to the relatively expensive price of test (i.c., a Reverse
Transcription-Polymerase Chain Reaction [RT-PCR] Test ranges from P3,800-P5,000;1
a Rapid COVID-19 Antigen Test starts at P700; and the new Saliva Test administered
by the Philippine Red Cross costs P2,0002) as well as the inconvenience it causes
(Le,, limited testing centers, long queues, and danger of being in the same room with
different strangers for a long period of time), some people are opting to falsify their
test results.

For instance, in 24 July 2020, authorities have arrested two women for selling
falsified COVID-19 test results at a computer shop in Caloocan City.’ In 03 February
2021, 6 visitors on Boracay Island were caught to have presented fake COVID-19
tests results. Worse, half of these said visitors actually tested positive for the
infectious disease.‘ The desire of individuals to proceed with their lives in the new

" Department of Health DO Circular No, 2020-0991, dated 27 November 2020.

2'CNN Philippines. (2021). PH Red Cross to start saliva testing for COVID-19 on Jan, 25. Retrieved from
https: //ennphilippines, com /news/2021/1/23,/pg-red-cross-covid-saliva-test html

2 Pulta, (2020). 2 women nabbed for seling fae Covid-19 test results, Philippine News Agency. Retrieved from
http://w pa. gov ph /artiles/1110010

*ABS-CBN News, (2021), 3 Boracay visitors with fake RT-PCR test results found positive for COVID-18: DOT.
Retrieved from httpa://news.abe-cbn.com /news 02/03/21 /3-boracay-vistors-with-fake-rt-per-test-results-found-
positive-fr-covid-19-dot


normal should not be at the expense of other people. Falsification per se is not the
only issue here, but the corresponding risks it poses for public safety. Though
falsification of COVID-19 test results may seem like a trivial procedural matter to
some, it actually recklessly endangers the lives of the people these offenders may
interact or come into contact with.

Republic Act. No. 11332 or the Mandatory Reporting of Notifiable Diseases and
Health Events of Public Health Concern Act, which was enacted in 2018, already
recognized the intentional provision of misinformation as a punishable act due to the
hazard it imposes to the general public. The government is already working to provide
better tests at more reasonable prices, and better conditions for the testing centers.
Cooperation from the public is essential in order successfully curb the pandemic.

This bill seeks to increase the penalty for intentionally providing misinformation,
specifically by falsifying any form of COVID-19 test results, such as but not limited
to falsifying RT-PCR test result, rapid COVID-19 antigen test result, saliva test result,
or such other forms of COVID-19 tests which may be approved by the Department
of Health (DOH) in the future.

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



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Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
Second Regular Session

House prt wo8643

Introduced by HONORABLE WES GATCHALIAN

AN ACT
AMENDING REPUBLIC ACT NO. 11332, OTHERWISE KNOWN AS THE
MANDATORY REPORTING OF NOTIFIABLE DISEASES AND HEALTH EVENTS
OF PUBLIC HEALTH CONCERN ACT TO INCLUDE FALSIFICATION OF ANY
FORMS OF NOVEL CORONAVIRUS TEST RESULT AND PROVIDING PENALTIES
THEREFOR

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

SECTION 1. Prohibition of Falsifying Polymerase Chain Reaction (PCR) Test
Result. - Section 9 of Republic Act No. 11332, otherwise known as the Mandatory
Reporting of Notifiable Diseases and Health Events of Public Health Concern Act is
hereby amended to read as follows:

“Section. 9. Prohibited Acts. - The following shall be prohibited
under this Act:

(a) Unauthorized disclosure of private and confidential
information pertaining to a patient’s medical condition or

treatment;

(b) Tampering of records or intentionally _ providing
misinformation,

() Non-operation of the disease surveillance and response
systems;

(d) Non-cooperation of persons and entities that should report
and /or respond to notifiable diseases or health events of public
concern; and

(e) Non-cooperation of the person or entities identified as having
the notifiable disease, or affected by the health event of public
concern: ; AND

(F) FALSIFYING REVERSE TRANSCRIPTION-POLYMERASE
CHAIN REACTION (RT-PCR) TEST RESULT, RAPID COVID-
19 ANTIGEN TEST RESULT, SALIVA TEST RESULT, OR
SUCH OTHER FORMS OF COVID-19 TESTS WHICH MAY BE
APPROVED BY THE DEPARTMENT OF HEALTH IN THE
FUTURE.


SEC. 2. Penalties. - Section 10 of Republic Act No. 11332, otherwise known
as the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health
Concern Act is hereby amended to read as follows:

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“Section. 10. Penalties. - Any person or entity found to have
violated Section 9 of this Act, EXCEPT SECTION 9(F)
‘THEREOF, shall be penalized with a fine of not less than
Twenty thousand pesos (P20,000.00) but not more than Fifty
thousand pesos (P50,000.00) or imprisonment of not less than
one (1) month but not more than six (6) months, or both such
fine and imprisonment, at the discretion of the proper court.

The Professional Regulation Commission shall have the
authority to suspend or revoke the license to practice of any
medical professional for any violation of this Act.

The Civil Service Commission shall have the authority to
suspend or revoke the civil service eligibility of a public servant
who is in violation of this Act.

THE PENALTY OF PRISION MAYOR AND A FINE NOT TO
EXCEED ONE MILLION PESOS (P1,000,000) SHALL BE
IMPOSED ON ANY PERSON FOUND TO HAVE VIOLATED
SECTION 9(F) OF THIS ACT.

SEC. 3. Separability Clause. - If for any reason any provision of this Act or
any part thereof shall be held unconstitutional and invalid, the other parts or
provisions of this Act, which are not affected thereby, shall remain in full force and

SEC. 4. Repealing Clause.

SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or one (1) newspaper of general circulation.

Approved,

All laws, decrees, orders, rules, and regulations
or parts thereof inconsistent with any of the provisions of this Act are hereby
repealed, amended, or modified accordingly.