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“ RECEIVED

DATE: MAY 26 2hae,

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILLNO. 6821

Introduced by:

Honorable DAVID C. SUAREZ

EXPLANATORY NOTE

Article 11, Section 15 of the 1987 Philippine Constitution provides
that "the State shall protect and promote the right to health of the people
and instill health consciousness among them."

Every day for the past months and certainly with increased intensity,
we have witnessed the unfolding of another public health emergency, one
of a different nature and order of magnitude: the global spread of the
coronavirus disease (Covid-19).

A “public health emergency" is defined as an occurrence or
imminent threat of an illness or health condition, caused by bio terrorism,
epidemic or pandemic disease, or a novel and highly fatal infectious agent
or biological toxin, that poses a substantial risk of a significant number of
human facilities or incidents or permanent or long-term disability
(WHO/DCD, 2001).

The Covid-19 outbreak had spread to six continents and
approximately 210 countries and territories worldwide have been affected

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by the disease. As the hot spots of the Covid-19 pandemic move and
grow, the death toll rises. Unfortunately, there are currently no known
treatments against the respiratory virus. Thus, the Covid-19 pandemic has
already been declared as modern history's gravest health emergency by
many countries.

There is an old adage by Benjamin Franklin that states that "an
ounce of prevention is worth a pound of cure." This bill is fostered upon
such wisdom by seeking to uphold the role of medical and health-related
personnel in nation-building, promote and protect their physical, moral,
spiritual, intellectual, and social well-being; to inculcate in them patriotism
and nationalism; and to encourage their involvement in public and civic
affairs.

This bill establishes a Medical Reserve Corps who may be called
upon to strengthen national response and preparedness in addressing
the medical needs of the public in times of national emergencies.

In view of the foregoing, the approval of this bill is urgently soug!



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House BILL No. _ 821

Introduced by:

Honorable DAVID C. SUAREZ

AN ACT

INSTITUTING THE MEDICAL RESERVE CORPS, 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 Tide. - This Act shall be known as the "Medical
Reserve Corps Act of 2020 "

Sec. 2. Statement of Policy. - It shall be the policy of the State:

a. To institutionalize the vital role of medical and health-related
personnel in nation-building, promote and protect their physical,
moral, spiritual, intellectual, and social well-being; to inculcate in
them patriotism and nationalism; and to encourage their
involvement in public and civic affairs; and

b. To train, equip and organize medical and health-related personnel,
within the current frameworks of national and territorial defense, law

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enforcement and peace and order and national disaster risk
reduction and management, to prepare them for rapid mobilization
at the soonest possible time in order to address national and/or local
contingencies which may require manpower beyond the capabilities
of existing national government agencies or local government units.

Sec. 3. Medical Reserve Corps. - There is hereby established a
Medical Reserve Corps which shall be composed of all persons who have
degrees in the field of medicine, nursing, medical technology, and other
health-related fields but have yet to have their respective licenses to
practice for reasons such as but not limited to not having taken and/or
passed the licensure examinations in their respective professions.

Sec. 4. Medical Reserve Corps Mobilization. - In times of national
emergencies and other contingencies, the members of the Medical
Reserve Corps may be called upon and mobilized to assist the national
government, its agencies and instrumentalities, and the local government
units in their functions related to addressing the medical needs of the
public.

The mobilization shall be initiated by the Secretary of Department of
Health (DOH), in coordination with the Secretaries of the Department of
National Defense (DND), the Department of Education (DepEd), and the
Department of Interior and Local Government (DILG), or their duly
authorized representatives with a rank of at least Undersecretary.

From time to time as manpower and training resources may allow
during the period of national emergencies and other contingencies, the
Medical Reserve Corps may be called for retraining to maintain and
enhance its level of competency and readiness for mobilization.

Sec. 5. Annual Reports. - The DOH shall regularly publish an annual
report containing a list of its accomplishments, status of its operations,
number and demography of the Medical Reserve Corps, assessment of
readiness for mobilization and the incidence and details of each
mobilization for the year concerned. The annual report shall also include
the results of the audit investigation on the spending of funds
appropriated, collected or advanced for the implementation of the
provisions of this Act.

Sec. 6. Requests for Deployment - The Medical Reserve Corps may
be called upon and mobilized to assist the national government, its

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agencies and instrumentalities, and the local government units in their
functions related to addressing the medical needs of the public through
requests for deployment by the heads of such national government
agencies or local government units submitted to the OOH. The requests
shall contain a justification for the deployment of the Corps and shall
contain information as may be required by the DOH, including the nature
of the national or local contingencies to be addressed, the purpose of the
requested deployment, the number of personnel requested to be
deployed and the period of deployment.

Sec. 7. Evaluation of the Requests for Deployment - The DOH shall
evaluate the requests for deployment. When the number of personnel
requested does not exceed one hundred and fifty (150) and the period of
deployment does not exceed sixty (60) days, the DOH shall decide
whether to approve or disapprove the request within twenty-four (24)
hours from receipt thereof. When the number of personnel requested
exceeds one hundred and fifty (150) or the period of deployment exceeds
sixty (60) days, the OOH shall make a recommendation to the Office of
the President (OP) within twenty-four (24) hours from receipt of the
request. The OP shall decide whether to approve or disapprove the
request within twenty-four (24) hours from receipt of the recommendation
of the OOH.

In case of the approval of the request for deployment, the DOH shall
issue an Order of Deployment requiring the Corps, or a number thereof,
to assist the national government, its agencies and instrumentalities and
the local government units in their functions related to addressing the
health-related needs of the public.

Sec. 8. Deployment in Case of a Declaration of a State of War; State
of Lawless Violence or State of Calamity; Nationwide Mobilization. - In
case of a declaration of a state of war, state of lawless violence or state
of calamity, the DOH may motu proprio recommend the mobilization of
the Corps to the President of the Philippines. The President of the
Philippines, by himself, shall also have the power to order the mobilization
of the Corps to respond to national or local contingencies related to
external and territorial defense, internal security and peace and order
and/or disaster risk reduction management.

Sec. 9. Mobilization Centers. - There shall be established in each
province and city as many mobilization centers as needed according to
the number and geographical distribution of the Corps, where they will
report in case of deployment.


In case of mobilization, the equipment of the Corps shall be supplied
in close coordination with the DOH and other national agencies and
offices, with the end in view of achieving rapid mobilization.

Sec. 10. Expenses of Deployment - Upon deployment, the national
government agency or the local government unit to which the Corps is
deployed shall shoulder the operational expenses of deployment.

Sec. 11. Operationalization of Deployment - The DOH shall
promulgate the specific mechanisms by which deployment is efficiently
implemented, including the organization of the Corps to be deployed, their
territorial assignments, how deployment orders are communicated to
each member of the Corps and to which mobilization center they will
report.

Sec. 12. Serial Numbers and Registry. - Upon completion of their
respective degrees, the graduates shall be issued individual serial
numbers, which will serve as their identification in case of deployment.

The DOH shall maintain and update a registry/database containing
the names of the members of the Corps, their serial numbers, address,
contact details and such other information as the DOH may determine, in
accordance with any applicable privacy laws. For this purpose, all public
and private colleges, universities and learning institutions are hereby
mandated to annually transmit their records of the graduates covered
under this Act to the DOH, in the form as may be determined by the DOH.

All graduates covered under this Act are required to update their
addresses and contact details on file with the DOH as often as necessary.
Orders of deployment sent to the addresses and/or through the contact
details on file with the DOH shall be sufficient notice for purposes of
deployment.

Sec. 13. Termination of Deployment - Upon the expiration of the
requested period of deployment, without an extension having been
requested and approved by the DOH, the Corps shall be discharged of
its duties. The deployment may also be terminated earlier upon a
determination by the DOH, in consultation with the


requesting national government agency or local government unit, that
such deployment is no longer in accordance with the objectives and
purposes of this Act.

Sec. 14. Effect on Employment - Deployment of employees in
accordance with the provisions of this Act shall not be a ground for
dismissal or diminution of any benefit enjoyed by such graduates prior to
their deployment. The members of the Corps shall be entitled to their
regular wage or salary during the period of their deployment.

Sec. 15. Medical Reserve Corps Fund. - A Medical Reserve Corps
Fund is hereby established exclusively for the implementation of the
objectives and purposes of this Act. The Office of the President shall
monitor and evaluate the activities and the balances of the Fund.

Sec. 16. School Fees. - Public colleges, universities and similar
learning institutions covered by Republic Act No. 10931, otherwise known
as the Universal Access to Quality Tertiary Education Act, shall not collect
any fee from the members of the Medical Reserve Corps in addition to
the normal fees and charges pertinent to their education and training in
said colleges, universities and other similar institutions.

Sec. 17. Appropriations. -The Medical Reserve Corps Fund shall be
included in the annual General Appropriations Act.

Sec. 18. Audit of Funds. - Audit of any and all funds used through
the implementation of this Act shall be in accordance with the audit
jurisdiction of the Commission on Audit, the Bureau of Internal Revenue,
and the Department of Health, under existing laws and regulations.

Sec. 19. Penal Provisions; Failure to Respond -

a. Failure to respond to the order of deployment despite notice sent to
the address and/or contact details on file with the DOH without any
justifiable reason shall, upon conviction by a civil court, be
punishable as follows:

1. First Offense: One hundred and twenty (120) hours of
community service;


2. Second Offense: Two hundred and forty (240) hours of
community service; and

3. Third and Subsequent Offenses: Six (6) months imprisonment
and four hundred and eighty (480) hours of community
service.

Sec. 20. Disciplinary and Corrective Proceedings. - Administrative
offenses committed by persons involved in or in relation to the
implementation of this Act, shall be subject to administrative penalties in
accordance with the applicable civil service rules or the rules and
regulations of the Professional Regulation Commission, as the case may
be.

Sec. 21. Implementing Rules and Regulations (IRR). - The DOH
shall be tasked to formulate and approve the necessary rules and
regulations to implement the objectives and purposes of this Act within
thirty (30) days from its effectivity. The rules and regulations shall include
provisions on the structure and organization of the Corps, the specific
mechanisms for the efficient mobilization and deployment of the Corps,
and such other matters as the DOH may deem necessary or essential to
fully implement the objectives and purposes of this Act.

Sec. 22. Repealing Clause. All laws, orders, rules regulations and
other issuances, or parts thereof, which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.

Sec. 23. Separability Clause. - Any provision of this Act declared
unconstitutional shall not affect the validity of the other provisions thereof.

Sec. 24. Effectivity Clause. -This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of national circulation.

Approved,