NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B.No, 3117

Introduced by Rep. Reynante U. Arrogancia

EXPLANATORY NOTE

The Philippines received one of the lowest ranks in Bloomberg's updated 2020-2022
COVID Resilience Ranking of the best and worst places to be amid the pandemic, ranking 48th
place out of 53 countries.! This means that the country is not in the best position to weather a crisis
ofa pandemic scale - unable to outrun the emerging variants, highest probability of infection and

re-infection, slow economic recovery, resulting in socio-economic difficulties.

There is a dire need for the country to address the lack of institutional capacity to implement
comprehensive public health management programs and to join the global fight in combating viral
diseases and potential threats by creating a technical authority which will serve as a bulwark in

dealing with matters regarding disease prevention and control.
This measure seeks to establish a Philippine Center for Disease Prevention and Control
(CDC) which shall serve as the principal health protection agency tasked to manage, protect and

prevent the spread, emerging and reemerging of infectious diseases and other potential threats,

The CDC shall also develop, implement and maintain an integrated surveillance

system of diseases, injuries, and disabilities, as the country requires a prompt and appropriate
response, with efforts to minimize spread and with higher chance of defying future threats, may it
be in the form of a new disease, which accounts for the high level of concern over the newly

reported viral disease, monkeypox virus.


Similar bills have been filed in the 18th Congress in both houses and it is prayed that in the
19th Congress, this measure will finally pass and be approved into a law.

In this light, the immediate passage of this measure is earnestly sought.

——

REYNANTE U. ARROGANCIA
presentative
3rd District of Quezon


@ONOnRwOnNH

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NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B.No._3117_

Introduced by Rep. Reynante U. Arrogancia

AN ACT
PROVIDING FOR THE MODERNIZATION OF THE PUBLIC HEALTH
EMERGENCY PREPAREDNESS AND RESPONSE CAPABILITIES, ESTABLISHING
FOR THIS PURPOSE THE CENTER FOR DISEASE PREVENTION AND CONTROL,
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled.

SECTION 1. Short Title. - This Act shall be known as the “Philippine Center for Disease
Prevention and Control (CDC) Act.”

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and promote the right to
health of the people and instill health consciousness among them. The State also mandates the
adoption of an integrated and comprehensive approach to health development.

‘Towards this end, the State shall give high priority to the allocation of material and institutional
resources to protect public health by ensuring that the Philippine health system is well-prepared
to forecast, prevent, monitor, and control diseases, injuries, and disabilities both of national and

international concern.
SEC. 3. Definition of Terms. - As used in this Act:

(a) Communicable disease, also known as contagious disease, refers to an ilIness resulting
from an infection, or a disease, which can be transmitted from an infected host individual
or group to a particular individual or group. It spreads through direct, bodily contact with
an infected person, their discharges, or an object or surface they have contaminated;

(b) Disease refers to an illness due to a specific toxic substance, occupational exposure or
infectious agent, which affects a susceptible individual, either directly or indirectly, from


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an infected animal or person, or indirectly through an intermediate host, vector, or the
environment;

(c) Disease surveillance refers to a systematic collection, analysis, interpretation, and
dissemination of outcome and specific data for use in planning, implementation, and
evaluation of public health practice. A disease surveillance system includes the functional
capacity for data analysis as well as the timely dissemination of these data to persons who
can undertake effective disease prevention and control activities;

(d) Epidemic or outbreak refers to an occurrence of more cases of disease than normally
expected within a specific place or group of people over a given period of time;

(e) Infectious disease refers to a clinically manifested disease of humans or animals resulting
from an infection which can be communicable or noncommunicable;

(f) Public health emergency refers to an occurrence or imminent threat of an illness or health
condition that:

(1) Is caused by any of the following:
(i) Bio terrorism;

(ii) Appearance of a novel or previously controlled or eradicated infectious
agent or biological toxin;

(iii) A natural disaster:
(iv) A chemical attack or accidental release;
(v) A nuclear attack or accident; or
(vi) An attack or accidental release of radioactive materials; and,
(2) Poses a high probability of any of the following:
(i) A large number of deaths in the affected population;

(ii) A large number of serious injuries or long-term disabilities in the
affected population;

(iii) Widespread exposure to an infectious or toxic agent that poses a
significant risk of substantial harm to a large number of people in the
affected population;


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(iv) International exposure to an infectious or toxic agent that poses a
significant risk to the health of citizens of other countries; or

(v) Trade and travel restrictions;

(g) Quarantine refers to the physical separation and confinement of an individual or groups of
individuals, who are or may have been exposed to a contagious or possibly contagious
disease and who do not show signs or symptoms of a contagious disease, from non-
quarantined individuals, to prevent or limit the transmission of the disease.

SEC. 4. Creation of the Philippine Center for Disease Prevention and Control. - The Philippine
Center for Disease Prevention and Control (CDC) is hereby created as an attached agency to the
Department of Health (DOH) for policy and program coordination.

SEC. 5. Powers, Functions, and Duties. - The CDC shall be the technical authority on all matters
regarding disease prevention and control. To carry out the provisions of this Act, the CDC shall
have the following powers, functions, and duties:

(a) Policy and Standards Development:

(1) Provide technical guidance to the development of policies, programs, standards,
guidelines, and monitoring and evaluation systems on the forecasting, prevention,
monitoring, and control of the diseases, injuries, and disabilities both of national
and international concern;

(2) Set the standards and the process for the establishment of Epidemiology and
Surveillance Units or its corresponding surveillance reporting units, pursuant to
law;

(3) Provide quality assurance programs to ensure the quality of testing for laboratories;

(4) Conduct research for development in support of the CDC mandate to forecast,
prevent, monitor, and control diseases, injuries, and disabilities both of national and
international concern;

(5) Recomment to the President, through the DOH Secretary, the declaration of a state
of public health emergency, in case of an epidemic of national or international
concern; and,

(6) Set the parameters for the declaration of the existence as well as the end of an
epidemic.

(b) Capacity Building and Technical Assistance:


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(1) Develop, implement, and maintain training programs on specialized fields such as
field epidemiology, health emergency of biological concern, laboratory services,
infectious and tropical diseases, and non-communicable diseases;

(2) Assess and support the capabilities of health facilities and local government units
(LGUs) on forecasting, preventing, monitoring, and controlling diseases, injuries,
and disabilities both of national and international concern; and,

(3) Provide technical assistance and expert services to DOH offices, and collaborating
and implementing agencies or offices on matters pertaining to forecasting.
preventing, monitoring, and controlling diseases, injuries, and disabilities both of
national and international concern.

(©) Sectoral and Local Engagements:

(1) Promote coordination and collaboration with partner agencies and organizations on
matters pertaining to CDC mandate:

(2) Coordinate, collaborate, and disseminate relevant scientific and technical
information in a timely manner with partner agencies and international and local
organizations on matters pertaining to CDC mandate; and,

(3) Disseminate relevant scientific and technical information in a timely manner with
partner agencies, and international and local organizations on matters pertaining to
the CDC mandate.

(d) Surveillance:

(1) Develop, implement, and maintain an integrated surveillance system of diseases.
injuries, and disabilities;

(2) Provide technical guidance on the development, implementation and maintenance,
and monitoring of health system capacity such as operational capacities of health
facilities, and performance management of the response systems, in terms of
contact tracing, quarantine, isolation, and other significant population-based health
services:

(3) Investigate and respond through surveillance and disease notification,
investigation, and conduct of field studies and research to outbreaks, epidemics,
and other public health threats as the need arises:

(4) Develop and maintain a network of public health laboratories in support of
epidemiology and surveillance activities;

(5) Facilitate the issuance of appropriate warnings to the regional CDC and health
facilities in anticipation of impending public health threats and infectious disease
outbreak:



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(6) Utilize various information and communication technologies (ICT) in management
of data and dissemination of early warning and other appropriate information to
stakeholders and the public; and,

(7) Develop communication methods for wider and more effective and unified delivery
of critical public health information with national or international importance.

(e) Provide technical guidance on the procurement of vaccines, drugs, and diagnostics:

(f) Provide technical guidance on the monitoring and evaluation framework for disease
prevention and control;

(g) Certify the existence of an epidemic which shall be treated as a public health emergency;
and,

(h) Perform such other functions as may be mandated by law, or as may be duly delegated by
relevant authorities.

SEC. 6. Director General. - The CDC shall be headed by a Director General with a rank of
Undersecretary, who shall be assisted by two (2) Deputy Directors General with a rank of Assistant
Secretary. The Director General and the Deputy Directors General shall be appointed by the
President from a list of at least three (3) nominees for each position to be submitted by the DOH
Secretary. The Director General and Deputy Directors General shall have at least ten (1) years of
relevant experience and proven expertise in the fields of public health and epidemiology.

The Director General shall have the following powers and functions:

(a) Manage and direct the activities and functions of the CDC;

(b) Advise the DOH Secretary on policy matters concerning the Center’s activities;

(©) Recommend to the President, through the DOH Secretary, the exercise of special powers
in case of an epidemic, including the declaration of a public health emergency:

(@) Act as the national International Health Regulations Focal Point, subject to consultation
with the DOH; and,

(©) Perform other functions and powers that may be assigned by the DOF Secretary.

SEC. 7. Transfer of DOH Units and Functions. The following DOH units and their concerned
divisions and functions are hereby transferred to the CDC:

(a) Epidemiology Bureau;
(b) Research Institute for Tropical Medicine:


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(©) Sexually Transmitted Disease - Acquired Immune Deficiency Syndrome Cooperative
Central Laboratory;

(d) Select functions of the International Health Surveillance Division of the Bureau of
Quarantine as follows:

(1) Passive international health surveillance; and,
(2) Development of communication methods for wider and more effective delivery of
critical public health information with international importance; and,

(e) Technical and standard setting functions of the Disease Prevention and Control Bureau
including that of the Mental Health Division, Cancer Division and Oral Health Division.

All powers, functions, assets, capital, records, funds, receivables, equipment and facilities of the
transferred DOH units or its division or function enumerated herein shall be transferred to the
CDC. The Department of Health shall conduct an audit and inventory of assets, liabilities and
human resources of the transferred agencies to CDC without need of conveyance or transfer of
assignments.

SEC. 8. Regional Centers for Disease Prevention and Control. - There shall be established
Regional Centers for Disease Prevention and Control (RCDCs) in all regions of the country. Each
Regional CDC shall be headed by a Regional Director, who shall be under the supervision of the
CDC Director General.

(a) Prevention, control, and surveillance of diseases;

(b) Provision of laboratory services for detection and identification of infectious disease agents
from human, environmental samples, and food;

(c) Maintenance of an integrated data management system:

(d) Implementation of quality assurance programs for clinical and environmental laboratories
through training, consultation, certification and proficiency testing;

(e) Policy development;

() Emergency response;

(g) Public health-related research;

(h) Training and education;

(®) Maintenance of infectious disease hospitals for referral and management of cases:

() Establishment of strong communication networks; and,

(k) Other functions that may be assigned by the Director General

The RCDCs shall be composed of specialists in the fields of infectious diseases, public health,
epidemiology and similar fields


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SEC. 9. Structure and Staffing Pattern. -

(a) The CDC shall initially have the following offices, each to be headed by an officer with
the salary and rank of Director IV:

(1) Center for Epidemic Intelligence and Disease Surveillance;

(2) Center for Research, Training, and Reference Laboratory;

(3) Center for Infectious Disease Emergency Preparedness and Response;
(4) Center for Policy and Program Development;

(5) Communications Office; and

(6) Administrative and Finance Office.

(b) The CDC Director General, subject to the issuance of an executive order by the President
and approval of the Department of Budget and Management (DBM), may create or abolish
units, offices, or centers as needed to carry out all provisions of this Act.

(c) The CDC Director General, in consultation with the DOH and the DBM, shall:

(1) Develop the organizational structure of the CDC at the national, regional, and local
levels;

(2) Determine the divisions and specific functions of each unit, center or office of the
CDC; and

(3) Determine the staffing pattern, qualification standards, compensation, and position
classification plan for the CDC subject to the approval of the Civil Service
Commission (CSC) and the DBM.

SEC. 10. Qualifications Standards for Appointment and Promotion. - The DOH, shall, in
consultation with the CSC, and pertinent agencies as may be necessary, develop the qualification
standards in terms of education, training and experience for all technical and non-technical
positions in the CDC, and the system for promotion and succession plan in the CDC.

SEC. 11. Continuing Competency Development Program. - The CDC shall, through the Director
General, devise and implement a continuing competency development program whereby all core
personnel shall be required to update and enrich competencies through attendance in programs,
studies, research, fellowships, workshops, seminars, including training opportunities in reputable
foreign CDCs. Compliance with the Continuing Competency Development Program shall be the
mandatory basis for promotion within the CDC. The CDC shall develop mechanisms to tap
funding opportunities to implement its Continuing Competency Development Program.



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SEC. 12. Modernization Program. - The Director General shall, in consultation the DOH and
other concerned agencies of government and the private sector, develop a modemization program
that will strengthen the human health resource of the CDC, which is the key component of the
country’s disease prevention and control policy. The modemization program shall include the
acquisition and upgrading of appropriate technologies, laboratories, facilities, equipment, other
needed resources, and the needed relocation and acquisition of additional land or location that
would house the CDC.

Within one hundred eighty (180) days after the effectivity of this Act, the Director General shall,
upon the recommendation of the DOH and DBM Secretaries, submit the modernization program
for the consideration and approval of Congress in a joint resolution of the House of Representatives
and the Senate.

The modemization program shall be implemented over a period of five (5) years.

Appropriations for the modernization program shall be provided in the annual General
Appropriations Act (GAA).

SEC. 13. Strengthened Epidemiology, Public Health Surveillance, and Research Capacities.- To
censure that epidemiology and public health surveillance services are efficient and responsive, and
public health surveillance and research capacities are strengthened and updated to international
standards, the CDC shall:

(a) Prioritize investments in upgrading of ICT and adequate and capacitated human resources
for epidemiology, public health surveillance, and public health and clinical research:

(b) Have a premier facility for clinical laboratory, epidemiologic and implementation research,
and training on infectious and tropical diseases;

(c) Develop performance-based incentives to private health facilities with established
epidemiology and surveillance functions;

(d) Re-nationalize local epidemiology and surveillance units (LESUs) that will solely provide
epidemiology and disease surveillance services and provide assistance to the LGUs in the
establishment and maintenance of surveillance systems, data management, and generation
of strategic epidemiologic information: Provided, That the DOH, CDC, and DBM, shall
develop the staffing pattern and qualification standards: Provided, further, That LESUs
shall be under the direct supervision and control of the Regional CDCs;


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(c) Retain and provide incentives to technical experts, practitioners and scientists, whereby the
scientific career system is adopted, allowing them to continue their respective clinical and
professional practice to pursue research studies and receive grants and honoraria, in
consultation with the CSC. Qualified employees of the CDC and its attached units shall be
covered by Republic Act No. 8439, otherwise known as “Magna Carta for Scientists.
Engineers, Researchers and Other Science and Technology Personnel in Government;

(8) Develop and implement training and research programs to develop more experts and
practitioners in the field of epidemiology, and disease prevention and control: and.

(g) Develop a mechanism to ensure interoperability and accessibility of surveillance systems.

SEC. 14. Strengthened Disease Surveillance and Response. - Vhe CDC shall establish integrated
¢ surveillance and response systems utilizing, whenever necessary, all technological means
available while ensuring that data privacy and patient confidentiality are maintained. The CDC
and authorized public heaith authorities shall have complete access and the right to collect personal
information and other data, as may be deemed necessary in fulfillment of their mandate. All data
or information and samples collected pursuant thereto shall be used for public health concern
purposes only and shall be exempted from the provisions of R.A. No. 10173, otherwise known as
the “Data Privacy Act of 2012” on accessibility of data.

SEC. 15. National Reference Laboratories. - The CDC shall establish a new, state of the art facility
that will serve as the National Reference Laboratory (NRL), unifying all NRLs for biological,
chemical, nuclear and radiologic emergencies under one roof, within five (5) years from the
effectivity of this Act: Provided, That the existing NRLs in the East Avenue Medical Center.
Philippine Heart Center, Lung Center of the Philippines, National Kidney Transplant Institute and
San Lazaro Hospital shall continue to be under the respective hospitals: Provided further, ‘That
these existing NRLs shall serve as referral laboratories of the CDC and be included in the
Modernization Program of the CDC.

‘The NRL shall provide technical recommendations, laboratory confirmatory services, training, and
external quality assurance, and perform surveillance, outbreak response, kit evaluation, and
research. It shall oversee the functions and performance of the network of subnational laboratories
(SNL).

SNLs shall be established in all regions, with the capability of conducting confirmatory testing for
routine surveillance samples and performing specialized tests. SNLs, whose functions include
testing for routine surveillance and specialized tests, shall be under CDC administratively.
Hospitals housing the SNLs shall create a separate unit for their regular hospital laboratory needs.


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The CDC, through the NRLs and SNLs, shall provide technical guidance and quality assurance
programs to biosafety levels 2, 3 and 4 laboratories in the country, which shall be registered with,
and regulated by the DOH.

SEC. 16. Authority 10 Solicit, Negotiate, and Receive Donations, Grants, Gifis, Legacies.
Endowments, and Contributions, - The CDC may solicit, negotiate with, and receive from any
public or private domestic or foreign sources legacies, gifts, donations, grants, endowments.
contributions or other transfers of ownership and/or possession of real or personal properties of all
kinds in favor and for the benefit of the CDC, which shall all be part of the special account in the
general fund managed by the Bureau of Treasury.

The Director General shall prescribe the measures necessary for the proper use, maintenance.
safekeeping, and compliance with the terms and conditions, if any, of said donations, grants,
endowments, contributions or transfers in accordance with pertinent accounting and auditing laws,
rules and regulations.

SEC. 17. Tax Exemptions. - Donations, grants, gifts, endowments, legacies, and contributions used
actually, directly and exclusively for the purpose of the CDC shall be exempt from donor's tax and
the same shall be considered as allowable deduction from gross income for purposes of computing
the taxable income of the donor, in accordance with Sec. 34 (H)(2a) of the National Internal
Revenue Code of 1997, as amended. Likewise, such other transfers of ownership and/or possession
of real or personal properties of all kinds shall be exempt from all taxes.

SEC. 18. Joint Congressional Oversight Committee. - There shall be a Joint Congressional
Oversight Committee on Disease Prevention and Control, jointly chaired by the Chairpersons of
the Senate Committee on Health and Demography, and the House of Representatives Committee
on Health, It shall be composed of five (5) members from the Senate and five (5) members from
the House of Representatives, to be appointed by the Senate President and the Speaker of the House
of Representatives, respectively.

SEC. 19. Appropriations, - The initial amount needed for the implementation of this Act shall be
charged against the current year’s appropriations of the offices and the RITM herein absorbed by
the CDC. Thereafter, the funding of which shall be included in the annual GAA.

SEC. 20. Transitory Provisions. -

(a) Upon effectivity of this Act, the CDC shall develop a Framework for Infectious Diseases
and Pandemic Preparedness, and prioritize the strengthening of the following functions:

(i) Integrated disease surveillance and response;


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(ii) Sentinel surveillance;

Laboratory-based surveillance:

(iv) Periodic population-based surveillance: and,

(¥) _ Preventing transmission of communicable diseases.

(b) The CDC shall initially prioritize disease surveillance and prevention and control of
infectious diseases. Within five (5) years from its creation, and upon positive
recommendation by an independent study or body commissioned by the DOH, the
surveillance, prevention and control on non-communicable disease shall be included in its
mandate:

(©) For the year during which this Act was approved, the unexpended portion of the budget of
the offices and units transferred shall be utilized for establishing the CDC and initiating its
operations, including the formulation of the rules and regulations necessary for the
implementation of this Act:

(d) To the greatest extent possible and in accordance with existing laws, all employees of the
affected offices, agencies and units shall be absorbed by the CDC. Personnel hired on a
permanent basis and with appointments attested by the CSC who may be affected by the
transition of DOH units to CDC, or who will not be absorbed in the new positions of the
new staffing pattern of the different offices in the CDC, shall have the option to:

(1) Be transferred to other units or offices within the DOH without reduction in
pay; or

(2) Avail of the applicable retirement benefits as provided under R.A. No. 6656,
entitled “An Act to Protect the Security of Tenure of Civil Service Officers
and Employees in the Implementation of Government Reorganization” and
other relevant laws;

(e) Incumbent DOH officials and employees of affected DOH offices may apply for and be
transferred to the CDC, subject to an evaluation of their competency and CSC regulations:

(0) Research grants acquired during the transition of DOH transferred units to CDC shall be
utilized solely for the grants’ intended purposes for each of the affected units or offices,
and shall not be made available for budget realignments:


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(g) Existing contracts and agreements entered into by the affected offices with third parties
prior to the enactment of this Act shall remain valid.

The DBM, DOH, and CSC shall issue the implementing guidelines to ensure fair, orderly and
transparent implementation of paragraphs (e) and (f) of this section.

SEC.21. Implementing Rules and Regulations. - Within one hundred and twenty (120) working
days from the effectivity of this Act, the DOH Secretary shall promulgate the necessary rules and
regulations for its implementation.

SEC. 22. Separability Clause. - If any portion or provision of this Act is declared invalid or
unconstitutional, other provisions hereof shall remain in full force and effect.

SEC. 23. Repealing Clause. - All laws, decrees, orders, rules and regulations or other issuances
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,