FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The rapid spread of the Severe Acute Respiratory Syndrome or SARS across 
international boundaries and the short period of time it takes to kill its victim had given 
the disease notoriety. 
SARS has caused paranoia and made countries close their borders and restrict 
the movement of people. China, Singapore and Hong Kong have been hardest hit, and 
even advanced countries such as Canada were not spared. Though advanced science 
and technology are being used to combat the disease, it is modem technology itself that 
also caused its spread with the ease of cross border travel offered by modem 
transportation and the new world order of globalization. 
Though there is no outbreak of SARS in the Philippines, the small number of 
victims in the country have made us vulnerable. In this regard, we should be stirred into 
action and prepare for the next contagion. SARS was not the first and will definitely not 
be the last biological agent to wreak havoc in our society. Its severity is just a sampling 
of things to come, for as medical science comes up with medicines or vaccines to 
counter the disease, viruses have a way of adapting to survive. The establishment of a 
set plan to counteract such emergence or resurgence of contagions is a must. 
This bill seeks to establish a Public Health Emergency Council which would have 
the primary responsibility to draw up a battle plan against a public health emergency 
and implement the same. It seeks to give us a fighting chance against biological, 
chemical or nuclear health threats through preparation, management and disposal. 
For these reasons, the passage of this bill is earnestly sought. 
M ~ N N Y  
VILLAR 
1 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
f 
I 
SENATE 
Senate Bill No. 
INTRODUCED BY HON. MANNY VlLLAR 
AN ACT ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL, 
PROVIDING POWERS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Title - This act shall be known as the "Emergency Health Powers Act." 
Section 2. Declaration of Policies - The State shall protect and promote the right 
of the people and instill health consciousness among them. It is also the prime duty of 
Government to serve and protect the people and in this pursuit may require the people 
to cooperate in times of public health emergencies. 
In the light of new and emerging threats, including emergent and resurgent 
infectious diseases and terrorist attacks involving the use of chemical, biological or 
nuclear agents, the State shall focus on the prevention, detection, management, and 
containment of public health emergencies. 
The State shall endeavor to respond, immediately and effectively, to potential or 
actual public health emergencies, and in responding, shall require the exercise of 
extraordinary government functions. The exercise of emergency health powers shall 
only be for the promotion of the common good. 
Section 3. Definition of Terms - For purposes of this Act, the following terms are 
(A) "Biological agent" means a microorganism, virus, infectious substance, 
naturally occurring or bioengineer product, or other biological material that could cause 
death, disease, or other harm to a human, an animal, a plant, or another living 
organism. 
herein defined: 


(6) "Biological Attack" means an attack against the population with the use of 
weapons employing biological agents. 
(C) "Chemical agent" means a poisonous chemical agent that has the capacity to 
cause death, disease, or other harm to a human, an animal, a plant, or another living 
organism. 
(D) "Chemical Attack" means an attack against the population with the use of 
weapons employing chemical agents. 
(E) "Contagious disease" is a disease that can be transmitted from person to 
person, animal to person, or insect to person. 
(F) "Facility" means any real property, building, structure, or other improvement 
to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of 
transportation. 
(G) "Health care facility" means any institution, building, or agency or portion 
thereof, whether public or private (for-profit or nonprofit) that is used, operated, or 
designed to provide health services, medical treatment, or nursing, rehabilitative, or 
preventive care to any person or persons. This includes, but is not limited to, ambulatory 
surgical facilities, health maintenance organizations, home health agencies, hospices, 
hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long- term 
care facilities, medical assistance facilities, mental health centers, outpatient facilities, 
public health centers, rehabilitation facilities, residential treatment facilities, skilled 
nursing facilities, and adult daycare centers. The term also includes, but is not limited to, 
the following related property when used for or in connection with the foregoing: 
laboratories, research facilities, pharmacies, laundry facilities, health personnel training 
and lodging facilities, and patient, guest, and health personnel food service facilities, 
and offices and office buildings for persons engaged in health care professions or 
services. 
(H) "Health care provider" means any person or entity who provides health care 
services including, but not limited to, hospitals, medical clinics and offices, special care 
facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, 
nurse practitioners, registered and other nurses, paramedics, firefighters who provide 
emergency medical care, emergency medical or laboratory technicians, and ambulance 
and emergency medical workers. 
(1) "Infectious disease" is a disease caused by a living organism or virus. An 
infectious disease may, or may not, be transmissible from person to person, animal to 
person, or insect to person. 
(J) "Isolation" and "quarantine" mean the compulsory physical separation 
(including the restriction of movement or confinement) of individuals and/or groups 
believed to have been exposed to or known to have been infected with a contagious 


disease from individuals who are believed not to have been exposed or infected, in 
order to prevent or limit the transmission of the disease to others; if the context so 
requires, "quarantine" means compulsory physical separation, including restriction of 
movement, of populations or groups of healthy people who have been potentially 
exposed to a contagious disease, or to efforts to segregate these persons within 
specified geographic areas. "Isolation" means the separation and confinement of 
individuals known or suspected (via signs, symptoms, or laboratory criteria) to be 
infected with a contagious disease to prevent them from transmitting disease to others. 
(K) "Nuclear Agent" means radioactive material, element or byproducts thereof, 
that could cause death, disease, or other harm to a human, an animal, a plant, or 
another living organism 
(L) "Nuclear Attack" means an attack against the population with the use of 
weapons employing nuclear agents. 
(M) "Public health emergency" means the occurrence or imminent risk of an 
illness or health condition that may be caused by terrorism, epidemic or pandemic 
disease, or a novel infectious agent or biological or chemical agent and that poses a 
substantial risk of a significant number of human fatalities, widespread illness, or 
serious economic impact to the agricultural sector, including food supply. 
(N) "Radioactive Material" means a nuclear or radioactive substance that has the 
capacity to cause bodily injury or death to a human, an animal, a plant, or another living 
organism. 
(0) "Terrorist Attack" means an attack against the general population with the 
intent to deliberately cause death or harm to persons or damage to property using 
weapons of mass destruction or mass disruption. Stitch weapons may be biological, 
chemical or nuclear, or other conventional or improvised weapons. 
(P) "Tests" include, but are not limited to, any diagnostic or investigative analyses 
necessary to prevent the spread of disease or protect the public's health, safety, and 
welfare. 
Section 4. Public Health Emergency Council (PHEC) - The Public Health 
Emergency Council (PHEC) is hereby established composed of the following: the 
Secretary of Health as chairman with the Secretary of Interior and Local Government, 
the Secretary of Trade and Industry, the Secretary of Justice, the Secretary of National 
Defense and the Press Secretary as members. Other government agencies not under 
the authority or jurisdiction of the standing members of the council may be included in 
the council should their inclusion be determined by the Council as necessary. 


The Council shall convene when a State of Public Health Emergency is declared 
by the President and shall be responsible for the formulation and Implementation of a 
Public Health Emergency Plan to detect, prevent the spread, contain and manage 
public health emergencies resulting from an outbreak of highly contagious andlor 
infectious diseases, biological, chemical or nuclear attack. 
Within six months from the approval of this Act, the PHEC shall draw up the 
National Public Health Emergency Plan, and conduct a briefing for all local government 
units. The plan shall serve as the framework for the government's response to a public 
health emergency. 
The Council shall also advise the President on courses of action outside the 
Public Health Emergency Plan that may be taken in the event that a Public Health 
Emergency occurs. 
Section 5. Declaration of State of Public Health Emergency - The President, 
upon the recommendation of the Secretary of Health, may declare a State of Public 
Health Emergency and immediately convene the Public Health Emergency Council 
(PHEC). The basis for such a declaration shall be made public by the PHEC through the 
mass media and a written report submitted to both Houses of Congress. 
extended or terminated earlier by the PHEC. 
The State of Public Health Emergency shall be for a period of sixty days, unless 
Section 6. Health Care Facilities and Services During State of Public Health 
Emergency - During the period of the state of public health emergency, the PHEC may, 
within reasonable and necessary bounds for emergency response to a public health 
emergency, require a health care facility to provide services or the use of its facility; 
Provided that the PHEC may require privately owned health care facilities to provide 
services or use of its facility only government health institutions are unable to cope with 
the public health emergency. When the PHEC needs the use or services of the facility 
to isolate or quarantine individuals during a public health emergency, the management 
and supervision of the health care facility must be coordinated with the PHEC 10 ensure 
protection of existing patients and compliance with the terms of this Act. 
Section 7. Dangerous Facilities and Materials. - During the state of public health 
emergency, the PHEC may exercise, in coordination with national government 
agencies, local governments, and other organizations responsible for implementation of 
the Public Health Emergency Plan, the following powers over facilities or materials that 
may be considered dangerous due to contamination or exposure to chemical nuclear or 
biological agents or infectious disease pathogens: 


(I) to close direct and compel the evacuation of, or to decontaminate or cause to 
be decontaminated any facility of which there is reasonable cause to believe that it may 
endanger the public health; and 
(2) to decontaminate or cause to be decontaminated, any material of which there 
is reasonable cause to believe that it may endanger the public health. 
Section 8. Control of Pharmaceutical Agents or Medical Supplies -After the 
declaration of a public health emergency. PHEC may purchase, store or distribute 
antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical 
agents or medical supplies that it considers advisable in the interest of preparing for or 
controlling a public health emergency, with the right to take immediate possession 
thereof. 
If a state of public health emergency results in a nationwide or regional shortage 
or threatened shortage of any product covered by the preceding paragraph, the PHEC 
may control, restrict, and - regulate by rationing and using quotas, prohibitions on 
shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, 
or transportation of the relevant product necessary to protect the health, safety, and 
welfare of the people. In making rationing or other supply and distribution decisions, the 
PHEC must give preference to health care providers, disaster response personnel, and 
mortuary staff. 
Nothing in this section shall be construed to allow the PHEC to obtain antitoxins, 
serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or 
medical supplies for the primary purpose of hoarding such items or preventing their fair 
and equitable distribution among the health care institutions and providers, both 
government and private. 
Section 9. Control and Treatment of Infectious Disease. - During a state of public 
health emergency, the PHEC shall use every available means to prevent the 
transmission of contagious and infectious diseases and to ensure that all cases of 
infectious disease are subject to proper control and treatment. 
Section 10. Physical Examinations or Tests; Isolation or Quarantine of Persons 
Refusing Examination - During a state of public health emergency, the PHEC may 
perform voluntary physical examinations or tests as necessary for the diagnosis or 
treatment of individuals. 
The PHEC may isolate or quarantine any person whose refusal of physical 
examination or testing results in uncertainty regarding whether he or she has been 


exposed to or is infected with a contagious or possibly contagious disease or otherwise 
poses a danger to public health. 
Isolation and quarantine shall be mandatory for persons exhibiting any symptom 
of an infectious disease causing the public health emergency' or whose physical 
examination or test results confirm an infection. 
Section 11. Isolation and Quarantine of Individuals or Groups; Penalty for 
Noncompliance - During a public health emergency, the PHEC may isolate or 
quarantine an individual or groups of individuals. This includes individuals or groups, 
who have not been vaccinated, treated, tested or examined pursuant to Section IO, 
The PHEC may also establish and maintain places of isolation and quarantine, and set 
rules and make orders. 
The PHEC shall adhere to the following conditions and principles when placing 
individuals or groups of individuals under isolation or quarantine: 
(I) isolation and quarantine must be by the least restrictive means necessary to 
prevent the spread of a contagious or possibly contagious disease to others and may 
include, but are not limited to, confinement to private homes or other private and public 
premises; 
(2) individuals isolated because of objective evidence of infection or contagious 
disease must be confined separately from quarantined a symptomatic individuals; 
(3) the health status of isolated and quarantined individuals must be monitored 
regularly to determine if they require isolation or quarantine; 
(4) if a quarantined individual becomes ,infected or is reasonably believed to be 
infected with a contagious or possibly contagious disease, he or she must be promptly 
removed to isolation; 
(5) isolated and quarantined individuals must be immediately released when they 
pose no substantial risk of transmitting a contagious or possibly contagious disease to 
others; 
(6) the needs of persons isolated and quarantined must be addressed in a 
systematic and competent fashion including, but not limited to, providing adequate food, 
clothing, shelter, means of communication with those in isolation or quarantine and 
outside these settings, medication, and competent medical care; 
(7) premises used for isolation and quarantine must be maintained in a safe and 
hygienic manner and be designed to minimize the likelihood of further transmission of 
infection or other harms to persons isolated or quarantined. 


Persons subject to isolation or quarantine must comply with the PHEC's rules 
and orders, and must not go beyond the isolation or quarantine premises. Failure to 
comply with these provisions shall be penalized with a fine of Ten Thousand Pesos. 
Only authorized physicians, health care workers, or other persons with written 
permission from the PHEC shall have access to individuals in isolation or quarantine as 
necessary to meet the needs of isolated or quarantined individuals. Failure to comply 
with or willful violation of this provision shall be penalized with a fine of Ten Thousand 
Pesos or imprisonment of not more than six months. Facilitating, aiding or conspiring to 
violate these provisions shall be penalized with a fine often Thousand Pesos or 
imprisonment of not more than six months. 
Any person entering an isolation or quarantine premises with or without 
authorization of the PHEC may be isolated or quarantined as provided for in this Act. 
Section 12. Local Government Role - Within six months after the adoption of a 
National Public Health Emergency Plan, local government units shall draw up their 
respective Local Public Health Emergency Plans conforming to the National Public 
Health Emergency Plan and the provisions of this Act 
During a state of public health emergency, local government officials shall 
provide unconditional support and cooperation to the PHEC and the National Public 
Health Emergency Plan. 
Refusal of local government officials to provide support and cooperation shall 
constitute an offense and shall be dealt with disciplinary action as provided for in the 
Local Government Code. 
Section 13. Powers and Duties Regarding Safe Disposal of Human Remains. - 
The PHEC must coordinate with hospitals and funeral institutions, for such period as the 
state of public health emergency exists, to exercise, in addition to existing powers, the 
following powers regarding the sate disposal of human remains suspected or known to 
be a victim of an infectious disease: 
(1) to take possession or control of any human remains which cannot be safely 
handled otherwise; 
(2) to order the disposal of human remains of a person who has died of an 
infectious disease through burial or cremation within twenty-four hours after death; 
(3) to require any business or facility authorized to embalm, bury, cremate, inter, 
disinter, transport and dispose of human remains under existing laws to accept any 
human remains or provide the use of its business or facility if these actions are 
reasonable and necessary for emergency response. 


All human remains prior to disposal must be clearly labeled with all available 
information to identify the deceased and the circtl Instances of death, Any human 
remains of a deceased person with an infectious disease must have an external, clearly 
visible tag indicating that the human remains are infected and, if known, the infectious 
disease. 
Every person in charge of disposing of any human remains must maintain a 
written record of each set of human remains and all available information to identify the 
deceased and the circumstances of death and disposal. If the human remains cannot 
be identified, prior to disposal, a qualified person must, to the extent possible, take 
fingerprints and one or more photographs of the human remains, and collect a DNA 
specimen. All information gathered under this paragraph must be promptly forwarded to 
the PHEC. Identification must be handled by the agencies that have laboratories 
suitable for DNA identification. 
Section 14. Centralized Information - During the State of Public Health 
Emergency, the PHEC, through the Press Secretary or a designated alternate, shall 
provide the public with daily updates, news bulletins or briefings on the progress of the 
management and containment of the public health emergency and shall endeavor to 
prevent or stop the spread of misinformation. 
In this pursuit, the PHEC, through the Press Secretary, may request the mass 
media to refrain from reporting or disseminating information about the public health 
emergency that has not been cleared by the PHEC. 
Section 15. Implementing Authority - The Secretary of the Department of Health 
shall promulgate the implementing rules and regulations, orders and other issuances as 
may be necessary to implement and carry out the intent, objectives, purposes and 
provisions of this Act. 
Section 16. Separability Clause. - If any part, section or provision of this Act is 
held invalid or unconstitutional, other provisions not affected thereby shall remain in 
force and effect. 
Section 17. Repealing Clause - All other laws, decrees, orders, issuances, rules 
and regulations hat are inconsistent with the provisions of this Act are hereby repealed, 
amended or modified accordingly. 


Section 18. Effectivity. - 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,