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

Nineteenth Congress
First Regular Session
ra &:
HOUSE BILL NO. __* 3 _

Introduced by Hon. Neptali M. Gonzales IL

EXPLANATORY NOTE

il and emotional habits important for mental

exercising regularly; developing coping,

Adolescence is a crucial period for developing s
wellbeing. These include adopting healthy sleep patterns
problemsolving, and interpersonal skills; and learning to manage emotions. Protective and supportive
environments in the family, at school and in the wider community are important.

Mental health conditions, such as childhood epilepsy, developmental disabilities, depression,
anxiety, and behavioral disorders, are major causes of illness and disability among young people,
Worldhvide, 10% of children and adolescents experience a mental disorder, but the majority of them do
not seek help or receive care. Suicide is the fourth leading cause of death in 15~ 19-year-okds',

Approximately 40% of the total Philippine population is comprised of Filipinos below 18 years
of age*. Among Filipino children aged 5 to 15, 10% to 15% are affected by mental health problems
Reported suicide rates in the Philippines have been increasing over the past several decades, particularly
among young people, with the latest estimate (in 2015) indicating 17% of young people aged 13-15 had

attempted suicide’

The consequences of failing to address adolescent mental health conditions extend to
adulthood, impairing both physical and mental health and limiting opportunities to lead fulfilling lives
asadults. While the Mental Health Act was passed in 2018, with the goal of improving the delivery of
integrated mental health services and promoting and protecting the rights of people who use
cial health services, the provisions for the mental health of children and adolescents were too

psychos
broad and undefined.

This bill rakes the initial steps toward emphasizing the importance of focused mental health

ints. This seeks to provide programs and strategies that

services and programs for children and adol

‘Adolescent mental heaith key facts, Werld Health Organization. 2021. Available from: hitosJiwww who in/news-roomitact-
shests/cctaivadolescent-mental-nealtn, Accessed May 25, 2022.

# Global school-based student survey: Philippines 2016 fact sheet. World Health Organization. 2015. Availabe from.
hitps:iiwww who intineds/surveillance/gshs/PIH2015_fact_sheet pdf. Accessed May 25, 2022

® Golterstein E, Wen H, Miller BF. Coronavirus disease 2019 (COVID-19) and mental health for children and adolescents
JANA Pediatr 2020;174(3):819-20. doi: 10.100‘vjamapediatrics.2020,1456.

“Prevention and management of mental health conditions in the Philipines. The case for investment. Manila: World Health

Organization Regional Otfice for the Western Pacific, 2021



include mechanisms for promotion and prevention, appropriate response and interventions, ancl
care and support, aimed at addressing mental health care needs of children and

adequate psychosoei
adolescents within a local community

Given the foregoing concemns, the passage of this bill is earnestly sought.

NEPTALI M. GONZALES I


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

Nineteenth Congress
First Regular Session

HOUSE BILLNO. 429

Introduced by Hon. Neptali M. Gonzales II

AN ACT
‘TO ESTABLISH ACCESSIBLE AND AGE-APPROPRIATE MENTAL HEALTH SERVICES
FOR CHILDREN AND ADOLESCENT POPULATION, EMPHASIZING THEIR UNIQUE
NEEDS AND CONDITIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Beit enacted by the Senate and House of Representatives of the Philipines in Congress assembled:

Chapter I
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the “Lusog Kaisipan ng Pagasa ng

Bayan Act.”

Sec. 2. Declaration of Policy. — The State shall protect and promote the right to health
of the people and instill health consciousness among them. In order to value the physical,
moral, spiritual, intellectual, and social well-being of children and adolescents, the State shall
adopt an integrated and comprehensive approach to health development, recognizing theit
hall prioritize the needs of the children and

vital role in nation-building. The
adolescents, particularly the disabled and vulnerable individu
provisions of proper care, health support, and special protectior
to their growth and development.

by strengthening the

ren and adolescents

sand programs to cl

ly accessible mental health servi
and municipalities.

geographic
within local communities of cities

Sec. 3. Objectives. — The objectives of this Act, with respect to the city and municipal

local governments, are as follows:

at the primary level of eare for

(a.) Improve access to mental health serv
of attaining a personentered, recoveryoriented, and rights-

the purp.
based coordinated care;


ify the promotion of mental wellness, prevention of mental health

(b)— Intens
conditions, and protection of the rights of service

sers ina wider

societal framework;

(c.)_ Strengthen the services for screening and early detection of mental
health conditions which are sensitive and responsive to the
developmental stage of children and adolescents with a goal of providing

timely and affordable intervention

(d.) Heighten the mechanisms for suicide intervention, prevention, and

ies, including the setting up of, ot linking with, nwenty-

response strateg
fourseven (/;) crisis hodlines; and

(c.)_ Institutionalize an intersectoral collaboration with various stakeholders
and agencies, including the participation of representatives from local
youth organizations, to ensure effective community-based mental health

service deli

very.

Sec. 4. Scope and Coverage. ~ This Act shall apply to local governments and health

cial services to persons under the age of

care institutions that provide health care and s
cighteen. For purposes of this Act, the term “under the age of 18” shall also include those

persons who have attained the age of 18 years but are suffering from mental health conditions,

either congenital or acquired, that render them completely reliant on another person for a
ti

ing and support

of this Act, the following terms shalll he

Sec. 5. Definition of Terms. — For purpos

defined as follows:

(a) “Mental Health,” as defined in Republic Act (RA) No. 11036, refers to a
state of welbbeing in which the individual realizes one's own abilities
and potentials of life
displays resilience in the face of extreme life events, works productively
and fruitfully, and is able to make a positive contribution to the

cones adequately with the normal stress

community;

(b.) “Mental Health Condition,” as defined in Republic Act (RA) No.

11036, refers to a neurologic or psychiatric condition characterized by
inan

the existence of a recognizable, clinically-significant disturbane

ral that reflects

individual's cognition, emotional regulation, or beh

genetic or acquired dysfunction in the neurological, psychosocial, or
developmental process underlying mental functioning. The
determination of neurologic and psychiatric conditions shalll be based

on scientifically-accepted medical nomenclature and best available



ntific and medical evidence;

{c.)__ “Psychosocial Problems,” as defined in Republic Act (RA) No. 11036,
refers to a condition that indicates the existence of dysfunctions
person's behavior, thoughts and feelings brought about by sudden

a

extreme, prolonged, or cumulative stressors in the physical or social

environment,

(d.) “Suicide prevention” refers to a collection of efforts to reduce the risk of

ide, including the recognition of risk factors, warning signs, and

underlying conditions as well as the methods, strategies, and best
practices for preventing suicidal thoughts and acts.

(c) “Catchment area,” as defined in this Act, refers to area in relation to
human geography, from which a location, such as a city or municipality,
a service institution, or local facility, attracts a specified population that

established by

uses its services and economic opportunities

government agencies or organizations for the provision of services

(f) “Health Care Provider Network (HCPN)” refers to an interlinking of a

es with secondary

group or cluster of primary care providers and faeiliti
and/ or tertiary care providers within defined geographic or political
boundaries, for purposes of delivering an integrated, coordinated, and
efficient health care service

Chapter II
ACCESS TO MENTAL HEALTH SERVICES

Sec. 6. Local Ordinance. — All cities and municipalities shall enact a local ordinance

stent with existing relevant national policies and

‘on the subject of mental health,
guidelines, for effective implementation of mental health care and wellnes

cons
policy within their

respective territorial jurisdiction.

The League of Cities, or of Municipalities as the case maybe, of the Philippines shall
sures for the delivery of mental

serve as a forum in adopting coordinated and integrated me:
health services, including the formation or improvement of accessible healthcare provider

networks and linkages for mental health.

Sec. 7, Catchment Areas. — All local government units shall serve as “catchment areas”

sues and conditions. As catchment area, the LGU shall, ata minimum,

for mental health i
shall provide availability of common psychotropic medications, adequate huma
community services, local service budget for child and adolescent mental health, and

urce for

n res

sustainable working relationships between services (intersectoral collaboration).


Sec. 8. Mental Health Facilities for Child and Adolescents. — Wherever possible, child
and adolescent mental health services should be located separately from general child and
well as separately from adults, because children and adolescents
e treated alongside adults. Emph:

adolescent health facilities, as

can experience fear and intimi is shall be on

n if they

for children and adolescents with mental

reaming of care serv

acommitment to the mai
disorders in community settings

Amun ry health care or
community mental health care facilities with skilled health care workers and nece
equipment and supplies predicated on its determination of necessity based on well-supported

data provided by its local health office. These facilities must be able to provide the primary

ality, in particular, shall develop or improve its prims

‘ary

level of public health care model, such as:

<6 and primary prevention of mental

(a

) Promotion of mental wellne

disorder

ing and identification of young people at risk of for mental health

(b.) Sere

problems (including suicidal tendencies):

(c.) Shoreterm counselling services for young people and their families:

management of common mental disorders and psychiatric

(d.) Ba

emergencies

(c) Followup and support for young people with chronic mental

conditions;

1d NGOs in cross

(£) Linking with other local and provincial sector
sectoral prevention and promotion initiatives.

Each LGU shall create a directory
Acluster

Sec. 9. Mental Health Care Provider Network:
ble mental health care facilities for person

of all avai with mental health condition
of cities and/or municiy

shall establish a multisectoral s

jonal health facilities,

alities, in collaboration with the provincial or regi
rakcholder network through which s

ies, profes

rvice users can be referred

nals, workers, and other service providers

to facilitate access to mental health faci
for appropriate care.

ine Access Program for

tes for the Medi
nd PhilHealth-accredited health facilities shall

Likewise, a directory of location of nece
Mental Health (MAP-MH), Malasakit Centers,
be regularly updated and readily available to service users.

An informal community care shall
hools, workplac

Sec. 10. Informal Community Mental Health.
also be developed in collaboration with families, barangays, s

and local non-



governmental organizations with a focus of services on promotion of mental health and.

parental and youth education about general health and mental health issues.

See. 11. Intersectoral Communication. — Each city and municipal local government
hall improve its communication strategies between the health and education
facilitate early recognition and the implementation of appropriate school-based interventions
for children and adolescent with mental health concerns.

ems to

Sec. 12. Psychotropic Medicines for Children and Adolescents. ich city and

al lo

muni governments shall ensure the availability of psychotropic medicines and other

ans shall be able

terventions within its territorial jurisdiction. Primary care physi

therapeutic
to prescribe psychotropic medications for children and adolescents when clin

ally indicated,
and generally as part of a more comprehensive management plan. Every effort shall be made to
ensure that both the child or adolescent and his or her family understand and agree with a
recommendation that medication is indicated. When pres
medications, safety precautions must also be imposed.

ribing and dispensing these

Sec. 13. Coordinated Training and Capacity Development Programs. — Each city and
municipality shall coordinate with appropriate national government agencies and other
stakeholders its prove the ability of local government mental
health care providers. The Department of the Interior and Local Government (DILG), as
member of the Philippine Council for Mental Health, shall ensure that these programs are
consistent with the national strategies and programs for mental health and that each LGU is
part of an existing and/or functioning healtheare provider network.

need for training programs t

Chapter If
INTERSECTORAL MENTAL HEALTH PROGRAMS

Sec. 14. Role of the Council for the Welfare of Children. — To ensure sustained,
integrated activity across different sectors and government agencies, the Council for the
Welfare of Children (CWC) shall identify a focal person to coordinate the implementation,
monitoring, and evaluation of mental health policies, programs and measures for children and

adolescents. The focal person shall also foster collaboration between the different sectors

concerned, stich as education, welfare, religion, housing, correctional services, police, and other
social services, as the mental wellbeing of children and adolescents is influenced and
jetal factors.

significantly impacted by a myriad of s
Sec. 15. “Meaningful” Child Participation. Child participation and empowerment in
decision-making affecting their lives shall be promoted in several settings. The extent of child
participation through children’s associations or organizations shall be established in order to
consider the determinants of a “meaningful” child participation. Local Youth Development
hall formulate standards and procedural guidelines for this purpose.

as



Sec. 16. Responsibilities of Families and Communities. — The families and
hhall support the local government programs by actively participating in various
such as ity mental health advocacy,

.¢ provisions, and formulation of

communitie
projects for mental health for children and adol
rations, feedbacks for si

‘cents,

policy planning and public cor
psychosocial care programs.

Sec. 17, Academic and Educational Institutions. — The DILG, in partnership with the
DepEd, must design a guidance program to assist the parents, teachers, health care workers,
and carers in addressing the mental health needs of children and adolescents in and out of the
school premises. These guidance programs, or packages, must be evidence-based, age-
appropriate, and socially inclusive. As far as practicable, representatives from local youth
organizations shall be a participant in the development and implementation of these guidance
packages.

The following topics shall be discussed in Filipino, local dialect, or lay terms as part of
the guidance program: (a) the brain and how it functions; (b) psychological and emotional
development; (c) the effects of stress and how to effectively cope stress; (d) common mental
health conditions in children and adolescents, including preventive and early intervention
strategies and programs; (e) available health facilities and support programs, including crisis
hotlines and suicide support groups; (0 special needs of children and adolescents who are
victims of abuse, neglect, and those in conflict with the law; and (g) valuing mental health by

reducing stigma and discrimination.

Sec. 18. Social Welfare and Mental Health. ~ Each city and municipality shall also
provide or facilitate access to public housing facilities, vocational training and skill
development programs, and disability or pension benefits. Priority programs should be given to
vulnerable populations such as orphans, children with chronic medical illness, those with
learning disabilities, refugees, the mentally handicapped, physically, sexually, or emotionally
abused or neglected children, and children or youth in conflict with the law.

See. 19. Research. — Each city and municipal local government shall adopt a network
of institutions involved in child and adolescent mental health research, which ca
research and training resource centers. They shall al

of funding for research or dedicate a proportion of research funding available to child

serve as

» develop an inventory of potential

souret

and adolescent epidemiological and health services research.

Sec. 20. Mental Health Data and Information. — All local government units shall
coordinate with the National Center for Mental Health, as the national repository of mental
health research and information, to improve the collection of information and data, the
undertaking of research studies, and the evaluation of policies and services on mental health,

thereby further enhancing the standards and delivery of care services and programs.

Chapter IV


MISCELLANEOUS PROVISIONS

Sec. 21. Monitoring, Evaluation, and Reporting of Mental Health Programs. — The
DILG, through the CWC, shall monitor the implementation of the program and report its
status to the PCMH at least once every three (3) years. The PCMH, via the DOH Annu
Report, shall publish a full report of these programs and s in compliance with the
provisions of the Mental Health Act and this Act.

Sec. 22. Appropriations. — The amount necessary for the needs analysis and other

preliminary determination on the necessity to establish or upgrade mental health services shall
be charged against the current appropriated funding of each LGU ee
subsequent funding shall be included in the Annual General Appropriation Act. The LGU

shall set aside funds from any available local revenue in an amount deemed appropriate by the

werned and any

local officials concerned for the operation and maintenance of the appropriate mental health

care facilities and/or serv

Sec. 23. Separability. — Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the remaining provisions shall not be
affected thereby:

Sec. 24. Repealing Clause. — All laws, decrees, letters of instructions, resolutions,

orders, ordinances, or parts thereof which are inconsistent with the provisions of this Act, are

hereby repealed, amended, or modified accordingly.

See. 25. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,