Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ci

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 2077

Introduced by Honorable Ma. Georgina P. De Venecia

EXPLANATORY NOTE

Il seeks to create a National Cancer Institute of the Philippines, in line
with the policy of the state (Section 15, Article 2 of the 1987 Constitution of the
Republic of the Philippines) to protect and promote the right to health of the people
and instil health consciousness among them.

Cancer is the third leading cause of death in the Philippines, out-ranked only
by communicable and cardiovascular diseases claiming one death for every two new
cases within a year, Cancer is estimated to afflict 189 persons per 100,000 Filipinos.
Statistics show that cancer kills 103 Filipinos a day or four Filipinos per hour. The
incidence and mortality rates of cancer in the Philippines has been increasing the past
three decades and this trend is expected to continue if organized and sustained
specialized care and preventive measures against cancer are not initiated.

This bill provides for the centralization of planning, programs, and activities
related to the prevention, screening, detection, diagnosis and treatment of cancer. The
centralization will apply as well to the conduct of research related to malignant
diseases, the assignment or distribution of such research activities and the
dissemination or application of beneficial research results.

As provided in this bill, centralization coupled with the establishment of a
network of regional treatment and research centers will prevent duplication of efforts,
reduce costs, provide a comprehensive view of the cancer-affected sectors, and enable
‘a more appropriate assignment of priorities on programs/activities/fund allocation,

Moreover, the establishment of regional cancer centers, as envisioned in this
bill, presents in concrete form the government's intention to make specialized health
services more accessible to people outside highly urbanized areas such as Metro
Manila and the cities of Cebu and Davao where cancer treatment is traditionally
ble,

If enacted into a law and properly implemented, the various regional cancer
centers— which will be manned with highly competent staffs and equipped with
appropriate facilities— will raise the availability of cancer treatment reducing the gap
between the supply of and demand for said services, therefore leading to reduced

Swe



costs to patients. Eventually, all these could raise the inflow of medical tourists,
increase the inflow of medical workers from developing countries who will pay for
the training in the centers, expand the local sector that provides hospice care for
cancer patients, raise the supply of exportable medical/health workers who are skilled
in cancer treatment, raise the individual/regional/national incomes from the medical
sector, and raise revenues to finance continuing modernization of the country’s
cancer-related services and facilities,

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

HON. . GRORGINA PF. DE VENECIA

Furth District, Pangasinan



Republic of the Phil
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRI
First Regular Session

HOUSE BILL No. 2077

Introduced by Honorable Ma, Georgina P. De Venecia

AN ACT
CREATING A NATIONAL CANCER INSTITUTE TO BE KNOWN AS THE
NATIONAL. NCER INSTITUTE OF THE PHILIPPINES,
APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

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

SECTION L. Short Title, ~ This Act shall be known as the “National Cancer Institute
Act”,

SEC. 2. Declaration of State Policies and Principles, ~ \t is hereby declared as the
policy and prineiples of the State to:

(a) Promote specialized, multidisciplinary and comprehensive cancer research,
dissemination and /or utilization of the results of research and development
including the formulation, updating, and implementation of a comprehensive
cancer control plan with the aim of overcoming cancer;

(b) Promote the improvement of an environment for the prompt evaluation and
approval of drugs/medical devices that are highly needed in cancer
treatment, through the linkage with Food and Drug Administration (FDA),
Department of Trade and Industry (DTI), Department of Agriculture (DA)
and other concerned agencies;

(©) Enhance cancer prevention through education of, and information
dissemination to, the public, health care professionals and institutions;

(4) Encourage evidence-based early detection, screening, diagnosis and
treatment of cance

(e) Enable cancer patients to receive appropriate treatment based on scientific
knowledge:

(0) Establish a system that provides equitable distribution of medical cancer care
in which the treatment is chosen and administered according to the situation
of the patient regardless of financial ability;

(g) Promote palliative care including pain management, hospice care and other
measures to improve the quality of life of cancer patients even terminal ones;
and

(h) Support the rehabilitation of cancer patients through comprehensive
programs including providing assistance to cancer survivors.



SEC. 3. National Cancer Instinute. ~ There is hereby established a National Cancer
Institute, hereinafter referred to as the Institute, which shall compile data, conduct,
coordinate researches, investigations, experiments, and studies relating to the cause,
diagnosis, and treatment of cancer. This institute shall assist and foster similar
research activities by other institutions and organizations, public and private,
including individuals. ‘The Institute is furthermore established to promote, to promote
coordination in all such researches and the useful application of their results with a
view to the development and prompt widespread use of the most effective methods of
prevention, diagnosis, and treatment of cancer. Linkages with National Institutes of
Health (NIH) and Department of Science and Technology (DOST) through Philippine
Council for health Research and Development (PCHRD) will be coordinated to avoid
overlap of projects.

SEC. 4. Director of the Institute. ~

(a) The Director of the Institute coordinates all activities of the Department of
Health (DOH) and of other Departments of government and non-
governmental agencies or institutions relating to cancer and the National
Cancer Program, which shall herein afler referred to as the Program.

(b) In formulating and implementing the Program, the director of the Institute
shall:

(1) With the advice of the National Cancer Advisory Board, which shall herein
referred to as the Board, plan and develop the Program, including an
expanded, intensified and coordinated cancer research program encompassing
the programs of the Institute, related programs of the other research institutes,
and other national and local, private and public cancer programs;

(2) Expeditiously utilize existing research facilities and personnel of the DOH,
the DOST through PCHRD and the University of the Philippines National
Institute for Health (UP-NIH) for accelerated exploration of opportunities in
areas of special promise:

(3) Encourage and coordinate cancer research by industrial concems where
such concerns evidence a particular capability for such research;

(4) Collect, analyze, and disseminate all data useful in the prevention,
diagnosis, and treatment of cancer, including the establishment of an
international cancer research data bank to collect, catalog, store and
disseminate insofar as feasible the results of cancer research undertaken in any
country for the use of any person involved in cancer research in any country;

(5) Establish or support the large-scale production or distribution of
specialized biological materials and other therapeutic substances for research
and set standards of safety and care for persons using such materials;

(6) Support research in the cancer field outside the country by highly qualified
foreign nationals which research can be expected to redound to the benefit of,
the Filipino people; support collaborative research involving foreign


participants; and support the training of Filipino scientists abroad and foreign
scientists in the country;

(7) Support appropriate. manpower programs of training in fundamental
sciences and clinical disciplines to provide expanded and continuing
manpower base from which to select investigators, physicians, and allied
health professions personnel, for participation in clinical and basic research
and treatment programs relating to cancer, including where appropriate the use
of training stipends, fellowships, and career awards;

(8) Call special meetings of the Board at times and in places as the Director
deems necessary in order to consult with, obtain advice from, or to secure the
approval of projects, programs, or other actions to be undertaken without
delay in order to gain maximum benefit from a new scientific or technical
finding; and

(9) Prepare and submit, directly to the President of the Philippines for review
and transmittal to Congress, an annual budget estimate for the Program, after
reasonable opportunity for comment by the Secretary of Health, the Director
of the NIH, and the Board; and receive from the President and the Department
of Budget and Management (DBM) directly all funds appropriated by
Congress for obligation and expenditure by the Institute.

SEC. 5. The Board. ~ There is hereby created the National Cancer Advisory Board to
be composed of fifteen members as follow:

(a) The Secretary of the DOH or his permanent representative, the Secretary of
the DOST through the PCHRD and the Director of the NIH as ex officio
members of the Board;

(b) Twelve members recommenced by the duly registered association of scientists
and physicians and nominated by the Secretary of Health shall be appointed
by the President of the Philippines. ‘The scientists and physicians appointed to
the Board shall be persons who are among the country’s leading scientific or
medical authorities and who are outstanding in the study, diagnosis, or
treatment of cancer or in fields related thereto. Each appointed member of the
Board shall, by virtue of his or her training, experience, and background, is
qualified to appraise the programs of the Institute. The appointed members
shall receive an honorarium of not more than Fifty Thousand Pesos per
attendance to the Board’s meeting, while the ex officio members shall receive
per diem compensation.

(1) Appointed members shall serve for a period of four years. Any vacancy
shall be filled by appointment by the President of the Philippines upon
recommendation of the Board.

(2) Any member appointed to fill the vacaney occurring prior to expiration of
the term for which his predecessor was appointed shall serve only for the
remainder of such term,


(3) Appointed members shall be eligible for reappointment and may serve
after the expiration of their terms until their successors have assumed office.

(4) A vacancy in the Board shall not affect its activities, and eight members,
including the ex officio members, thereof shall constitute a quorum.

(5) The regular members of the board shall elect from among themselves a
chairman who shall be the presiding officer of the board.

(6) The board shall elect from among themselves the director of the institute
‘who shall also serve as vice chairman of the board.

(7) The board shall meet at the call of the director of the institute or the
chairman, not less than once a month to advise and assist him/her with respect
to the program.

(8) The director of the institute shall designate a member of the staff of the
institute to act as executive secretary of the board.

SEC. 6. Powers and Functions of the Board.
powers and functions:

‘The Board shall have the following

(a) To formulate policies and adopt measures, including the formulation of the
Implementing Rules and Regulations, which are necessary to carry out the
provisions of this Act;

(b) To monitor the development and execution of the Program formulated,
updated and improved by the Institute and shall report directly to the
President. Any delays in the execution of the Program shall immediately be
brought to the attention of the President

(©) To hold hearings, take testimony, and sit and act at times and places as the
Board deems advisable to investigate programs and activities of the Program
of the Institute:

(d) To submit to the President periodic progress reports on the Program. Annual
evaluation of the efficiency of the Program and suggestions for improvements
shall be submitted for transmittal to the Congress of the Philippines not later
than January 31 of each year; and

(c) To perform such other functions as it may deem necessary.

SEC. 7. National Cancer Research and Demonstration Centers. ~

(a) A National Cancer Research Center is hereby established in each
metropolitan city in the country and one in the National Capital Region
(NCR) for clinical research, training, and demonstration of advanced
preventive, diagnostic, and treatment methods relating to cancer;

(b) The National Cancer Research Centers in the metropolitan cities and in the
NCR are hereby further designated as Regional Cancer Centers and shall
perform the functions and assume the responsibilities of Cancer Centers as
defined in Section 9 of this Act;

(©) The Director of the Institute, under policies established by the Director of the
NIH, the PCHRD and the DOST and after consultation with the Board, is



authorized to enter into cooperative agreements with public or private non-
profit agencies or institutions to pay all or part of the cost of planning,
establishing, or strengthening, and providing basic operating support for the
research centers including, but not limited to, centers established for clinical
research, training, and demonstration of advanced diagnostic and treatment
methods relating to cancer.

Such payments under this Subsection in support of such cooperative agreements may
be used for:

(1) construction of the designated center;

(2) staffing and other basic operating costs,
are required for research;

(3) training including training for allied health profes

(4) demonstration purposes;

including such patient care cos

ns personnel; and

Support of a Center under this Section may be for a period of not to exceed three
years and may be extended by the Director of the Institute for additional period of not
more than three years each, after review and recommendation of the operations of
such Center by an appropriate scientific review group established by the Director of
the Institute,

SEC. 8. Cancer Control Programs. - The Director of the Institute shall establish
programs as necessary for cooperation with the national and other health agencies in
the diagnosis, prevention, and treatment of cancer.

Such programs to be established should give priority to the following:

(a) A financial subsidy given to the indigent patients, upon qualification, to cover
the expenses of all necessary tests and other related examination during the
diagnosis as well as the expenses needed for treatment of cancer;

(b) A financial subsidy to be given to non-governmental cancer support groups in
recognition of and in order to facilitate the continuity of the programs they
have for cancer patients as well as for their families especially in coping and
dealing with the circumstances. However, only recognized and duly
recognized support groups shall be granted subsidy in accordance with the
Implementing Rules and Regulations of this Act;

(©) An independent support group shall be established as a standing program to
augment the emotional support needed by the cancer patients including their
families in dealing and coping with the circumstances through regular
inspirational and motivational sessions with cancer survivors and family
members who have experienced having a relative similarly afflicted with
cancer.

SEC. 9. Cancer Centers. — (a) There is hereby established the Regional Cancer
Centers (RCC) for each region in the country and will coordinate with the Institute
through its Executive Chief Officer.


‘The respective Cancer Centers are established to carry out the function of
administering the Program as developed by the Institute after consultation with the
Board.

(1) The RCC shall be respectively administered by the head of the Regional
Department of Health Offices as Executive Chief Officer of the RCC under a
national central executive chief officer designated by the Secretary of the
DOH among his Undersecretaries. The RCC will coordinate with the Institute.

(2) The administrative staff comprising each respective cancer centers shall be
provided for under the Implementing Rules and Regulations to be formulated
by the Board.

(b) The Institute through the Director shall oversee each Cancer Centers in the
country, and upon approval by the Board through a Board Resolution, is hereby
authorized to:

(1) obtain the services of not more than fifty experts or consultants who have
scientific or professional qualifications to be designated in each RCC in the
National Cancer Centers (NCC);

(2) acquire, construct, improve, repair, operate, and maintain cancer centers,
laboratories, research, and other necessary facilities and equipment and related
accommodations as may be necessary and real or personal property including
patents as the Director deems necessary;

(3) appoint one or more advisory committees composed of such private citizens
and officials of the local government units (LGUs) as he deems desirable to advise
him with respect to his functions;

(4) utilize, with the consent of the LGUs, the services, equipment, personnel,
information, and facilities of other local public agencies, with or without
reimbursement therefore;

(5) accept voluntary and uncompensated services;

(6) accept unconditional gifts, donations services, money, and real or personal
property;

(7) enter into contracts, leases, cooperative agreements, or other transactions as
‘may be necessary in the conduct of his functions, with any public agency, or with
any person, firm, association, corporation, or educational institution; and

(8) take the necessary action to ensure that all channels for the dissemination and
exchange of scientific knowledge and information are maintained between the
Institute and the other scientific, medical, and biomedical disciplines and
organizations locally and internationally.

SEC. 10. Presidential Cancer Panel. ~ (a) There is hereby established the President's
Cancer Panel, herein after referred to as the Panel, which shall be composed of three


persons appointed by the President, who by virtue of their training, experience, and
background are exceptionally qualified to appraise the President, At least two of the
members of the Panel shall be distinguished scientists or physicians, recommended by
the Director of the NCI.

(b) Members of the Panel shall be appointed for three-year terms, except that in the
case of two of the members first appointed, one shall be appointed for a term of one
year and one shall be appointed for a term of two years, as designated by the President
at the time of appointment, and any member appointed to fill vacancy occurring prior
to the expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such term.

(1) The President shall designate one of the members to serve as Chairman for a
term of one year.

(2) Members of the panel shall each be entitled to receive the daily equivalent of
the annual rate of basic pay in effect for Salary Grade 20 of the General Schedule
for each day during which they are engaged in the actual performance of duties
vested in the Panel, and shall be allowed travel expenses including a per diem
allowance.

(c) The Panel shal! meet at the call of the Chairman once a month. A transcript of the
meetings shall be kept and the Chairman shall make such transcript available to the
public.

(d) The Panel shall monitor the development and execution of the National Cancer
Program under this Section, and shall report directly to the President. Any delays in
the execution of the Program shall immediately be brought to the attention of the
President. The Panel shall submit to the President periodic progress report on the
Program. The panel shall make annual evaluation on the efficiency of the program,
make the necessary suggestions for improvements, and shall submit other reports as
the President shall direct. At the request of the President, it shall submit for his
consideration a list of names of persons for consideration for appointment as Director
of the Institute,

SEC. 11. Scientific Review and Reports on Cancer. ~ (a) The Director of the Institute
shall, by regulation, provide for a proper scientific review of all research grants and
programs over which he has authority by utilizing, to the maximum extent possible,
appropriate peer review groups established within the UP-NIH, and composed
principally of scientists and other experts in the scientific and disease fields, and when
appropriate, by establishing, with the approval of the Board and the Director of the
NIH other formal peer review group as may be required.

(b) The Director of the NIH shall, as soon as practicable, after the end of each
calendar year, prepare in consultation with the Board and submit to the President for
transmittal to the Congress a report on the activities, progress, and accomplishments
under the Program during the preceding calendar year and a plan for the SAID
Program during the next five years,



SEC. 12. Appropriation of Funds, — The initial fund in the amount of FIFTY
MILLION PESOS for the establishment of the National Cancer Institute including the
initial implementation of its Programs shall be appropriated from the gross income of
the Philippine Gaming Corporation (PAGCOR) and shall be directly remitted to a
special account of the National Cancer Institute. Thereafter, for the continued
implementation of this Act, such sums shall be included in the Annual
Appropriations Act.

SEC. 13, Congressional Oversight Committee. — There is hereby created a
Congressional Oversight Committee composed of five (5) members of the Senate and
five (5) members from the House of Representatives. The members from the Senate
shall be appointed by the Senate President based on the proportional representation of
the parties or coalitions therein with at least one (1) member representing the
minority. The members from the House of Representatives shall be appointed by the
Speaker, also based on the proportional representation of the parties or coalitions
therein with the respective Chairs of the House Committees on Health and on Seience
and Technology, and at least, one (1) member representing the minority.

‘The Committee shall be headed by the respective Chairs of the Senate Committees on
Health and Demography and Science and Technology and the House of
Representatives Committees on Health and Science and Technology. The Secretariat
of the Congressional Oversight Committee shall come from the existing Secretariat
personnel of the Committees of the Senate and the House of Representatives
concerned.

SEC. 14, Implementing Rules and Regulations. - The National Cancer Advisory
Board, with the involvement of the stakeholders, shall ISSUE the Implementing Rules
and Regulations within 90 days from the effectivity of this Act.

SEC. 15. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provisions not otherwise affected shall remain
valid and subsisting,

All laws, decrees, rules and regulations, or parts thereof
ns this Act are hereby repealed, amended or modified

SEC. 16. Repealing Clause.
inconsistent with the provi
accordingly.

SEC. 17. Effectivity Clause. ~ This Act shall take effect in Fifteen (15) days after its
publication in two newspapers of general circulation,

Approved,