Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

~ 2860

HOUSE BILL NO.

Introduced by: REP. ALFREDO D. MARANON II

EXPLANATORY NOTE
‘The attached bill seeks to establish the Negros Occidental Cancer Center.

Section 15, Article II of the 1987 Constitution declares that “the State shall
protect and promote the right to health of the people and instill health
consciousness among them.” Further, Section 11, Article XIIl also provides that
“the State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social
services available to all the people at affordable cost. There shall be priority for the
needs of the underprivileged, sick, elderly, disabled, women and children.”

In the Philippines, 189 of every 100,000 Filipinos are affected by cancer,
with four Filipinos dying of cancer every hour or 96 cancer patients every day. This
is according to a study undertaken by the University of the Philippines’ Institute of
Human Genetics, National Institutes of Health. Apr 8, 2022.

Records show, there is an alarming number of residents in the province of
Negros Occidental diagnosed of cancer. The current medical facilities in the
province of Negros Occidental do not provide for specialized treatment of these
illnesses, the nearest hospital facilities that can treat these illnesses are in Cebu
City or Iloilo City. It is thus imperative that specialized medical services should be
provided for those with cancer in the province of Negros Occidental and other
neighboring provinces such as Negros Oriental, Guimaras and Panay Islands.

‘The establishment and maintenance of Negros Occidental Cancer Center will
give true meaning to the constitutional policy of providing efficient and effective
health care system that is responsive to the health needs and problems of the

people.

In view of the foregoing, the approval of this bill is earnestly requested,

REP. ‘DO D. MARANON III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

‘yo, 2980

HOUSE BILL NO.

Introduced by: REP. ALFREDO D. MARANON III

AN ACT
ESTABLISHING THE NEGROS OCCIDENTAL CANCER CENTER AND
APPROPRIATING FUNDS THEREOF

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

SECTION 1. Short Title. - This Act shall be known as the “Cancer
Center of the Philippines Act.”

SEC. 2. Establishment of the Cancer Center of the Philippines. - There
is hereby established a Cancer Center of the Philippines, hereinafter referred
to as the Cancer Center, a government corporate facility that will offer
comprehensive care of patients with cancer, a strong teaching program and
research capability to serve the Filipino people. The Cancer Center shall be
located in Bacolod City, Negros Occidental. The Cancer Center shall have
the attribute of perpetual succession and shall be vested with the powers of
a corporation and shall continue to exist until dissolved for a lawful cause
and/or by joint resolution of Congress.

SEC. 3. Purposes and Objectives. - The Cancer Center shall have the
following purposes and objectives:

a. Establish and operate a Cancer rehabilitation, treatment or transplant

center for the public welfare;

Offer comprehensive care for patients with Cancer diseases;

c. Conduct training and research on the prevention and treatment of
Cancer and those related to recurrence including sponsorship and
conduct of relevant congresses, conventions, seminars and
conferences;

d. Establish a state-of-the-art Cancer disease laboratory including a
molecular laboratory.

e. Establish a “Cancer” Stem Cell transplant program and donor registry;



f Established all other necessary laboratories, examinations to prevent,
detect or recurrence of Cancer disease.

SEC. 4. Powers and Functions. - The Cancer Center shall have the following
powers and functions:

a. Adopt a code of by-laws to implement this Chapter;

b. Adopt and use a corporate seal which shall be a matter of judicial
notice;

c. Determine its organizational structure and the number and salaries of
its officers and employees in accordance with the provision of Republic
Act No. 10149, otherwise known as the Government-Owned and
Controlled-Corporation (GOCC) Governance Act of 2011;

d. Establish and maintain professional and technical educational
systems for the sustained development of the necessary manpower to
manage and operate its affairs and business;

e. Invest its funds as it may deem proper and necessary, but subject to
applicable lase, rules and regulations, in any activity related to the
Center, including in any bonds or securities and guaranteed by the
Government of the Philippines;

f. Acquire assets, real or personal, interest therein and encumber or
otherwise dispose the same as it may deem proper and necessary in
the conduct of its business;

g. Borrow money from local or foreign sources as may be necessary for
its operations, subject to applicable laws, rules and regulations;

h. Accept any gifts, contributions, endowments, grants, bequests and

devices of any kind of real or personal property which are necessary

and proper for the attainment of the purpose of the hospitals; and

Perform such acts and exercise such functions as may be necessary

and proper for the attainment of the purposes and objectives herein

specified.

SEC. 5. Board of Trustee. - The affairs and business of the Cancer Center
shall be directed; its properties managed; and its corporate powers
exercised, unless otherwise provided in this Act, by its own Board of
Trustees which shall be composed of six (6) members, as follows:
a. The Secretary of the Department of Health as Chairman of the Board
or his duly authorized representative;
b. The Undersecretary /Assistance Secretary of the Department of Health;
c. One (1) member from the private sector preferably with experience in
finance, administration or management;
d. One representative who will provide expertise in Cancer diseases;
e. One representative from non-government organization; and
f. The Cancer Center Executive Director.

The term of office, manner of appointment of the trustees and other matters
pertaining to the governance of the Cancer Center shall be determined in
accordance with the pertinent provisions of R.A. No. 10149.


The Board of Trustees shall be governed by a set of by-laws, which shall

contain,

mong others, an enumeration of each of the member's

responsibilities, accountabilities, and cause of termination

SEC.

6. Powers and Functions of the Board. — The Board of Trustees which

shall be the policy-making body of the Cancer Center shall have the
following powers and functions:

a.

b.

Determine the general policies of the Cancer Center within the scope
of its powers, objectives and financial resources;

Establish the organizational structure of the Cancer Center, define the
duties and responsibilities of all officials and employees and adopt a
compensation and benefit scheme, subject to the pertinent provisions
of Republic Act No. 10149;

Acquire, hold and own in any manner, property of whatever nature or
description, and to dispose of such property under mode of
encumbrance or conveyance;

Enter into, make, perform and carry out contracts of every kind and
for any lawful purpose with any person, firm, association or
corporation, whether public or private, domestic or foreign;

Mortgage, lease, sell, transfer, convey or otherwise dispose of its
properties;

Solicit and receive donations, endowments and funds in the form of
contributions, whether in cash or in kind, from both public and
private sectors and from domestic or foreign sources;

Open such accounts in banks and other financial institutions, and to
disburse such funds or invest the same as the Board of Trustees may
direct to accomplish or advance the purposes or interest of the Cancer
Center;

Invite foreign or local health specialist and similar experts in the
various medical fields to train the personnel, trainees, fellows or
residents of the Cancer Center;

Send the personnel of the Cancer Center to research institutes,
medical institutes or universities for advance training or observation
and to attend international or regional conventions, conferences,
congresses or seminars as the Board of Trustees may deem necessary
to accomplish the purposes and objectives of the Cancer Center;

Enter into such agreements and arrangements with other medical or
similar institutions, domestic or foreign, as may be deemed desirable
by the Board of Trustees toward promoting the purposes and
objectives of the Cancer Center;

Adopt set of by-laws, rules, regulations, policies, guidelines and
procedures consistent with law and provisions hereof to govern the
administration and operation of the hospital; and

Do all such other acts and things as are or may be necessary for or
incidental to the accomplishment of the purposes and objectives of the
Cancer Center.


SEC. 7. Duties and Responsibilities of the Executive Director. - The Cancer
Center shall be headed by the Executive Director who shall have the
following duties and responsibilities:

a. Prepare the agenda for the meetings of the board, and to submit for
consideration of the board such policies and measures as he/she
believe(s) necessary to carry out the purposes and objectives of this
Act;

b. Execute, administer and implement the policies and measures
approved by the board;

c. Exercise such other powers and perform such other duties provided in
the by-laws and as vested to him by the board.

SEC. 8. Program for Indigents. - The Department of Health shall ensure that
the Cancer Center shall adopt and enforce a program for indigents needing
Cancer products and patients with Cancer diseases in accordance to the
implementing guidelines on classification of patients on Availment of
Medical Social Services in Government Hospitals.

SEC. 9. Retention of Income. — The Cancer Center is hereby authorized to
retain and utilize their income derived from its operation and non-patient
related activities for the maintenance of the other operating expenditures,
including capital outlay especially in the acquisition of equipment and
supplies, subject to auditing rules and regulations. Further, no amount
from such income shall be used to augment the salaries and other
compensation of the Cancer Center personnel beyond the amounts
determined by the Governance Commission for Government-Owned and
Controlled Corporations (GOCC), as provide for in RA No. 10149.

The Department of Health (DOH), in coordination with the Department of
Budget and Management (DBM) shall issue the necessary rules and
regulation to implement this provision.

SEC. 10. Exemption from Taxes. — The Cancer Center shall be exempt from
the payment of taxes on all contribution thereto and all accruals on its
income and investment earnings.

Any donation, contribution, bequest, subsidy or financial aid which may be
made to it shall constitute allowable deduction from the income of the donor
for the income tax purposes and shall be exempt from donor's tax subject to
such conditions as provided in the National Internal Revenue Code of 1997,
as amended.

The Cancer Center shall be exempt from all other taxes, whether direct or
indirect on its income, properties and operations.

SEC. 11. Contracts. - The Cancer Center shall have the authority to enter
into contracts with any person or entity, domestic or foreign and with
government for the undertaking of the varied aspects of the Cancer Center,


including the acquisition, by way of purchase, lease, rent or other deferred
payment arrangements of equipment and/or raw materials and supplies, as
well as for services connected therewith under such terms and conditions as
it may deem proper and reasonable.

In the acquisition and disposal of property real or personal, a bidding
process shall be necessary to conform to the requirements of public bidding
as provided for in Republic Act No. 9184, otherwise known as the
Government Procurement Reform Act and related laws.

SEC. 12. Supervision. - The Cancer Center shall be under the direct
supervision of the Department of Health for purposes of policy direction and
control. It shall submit an annual report, pursuant to the pertinent
provisions of R.A. No. 10149.

SEC. 13. Implementing Rules and Regulations. ~ Within thirty (30) days from
the completion of the appointment of its members, the Corporation’s Board
of Trustees shall convene to formulate the rules and regulations necessary
for the implementation of this Act.

SEC. 14. Appropriations. - The amount of Two Hundred Million Pesos (Php
200,000,000.00) is hereby appropriated for the initial operation and
maintenance of the Cancer Center shall be included in the annual General
Appropriations Act.

SEC. 15. Separability Clause. — If, for any reason, any section or provision of
this Act is declared unconstitutional or invalid, the other sections or
provisions hereof which are not affected shall continue to be in full force and
effect.

SEC. 16. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations or parts thereof inconsistent herewith
are hereby repealed.

SEC. 17. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general
circulation.

Approved,