OF THE PHILIPPINES 
) 
Second Regular Session 
1 
9 EtAY -5 fill :34 
S E N A T E  
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Introduced by Senator Biazon 
EXPLANATORY NOTE 
A few years back, the world became a witness and at the same time the victim of the 
ravages of a disease that has left the world shocked and awed at its lethal effects. The rapid 
spread across international boundaries and the manner in which it kills its victims in a short 
period of time has given it the notoriety that it now shares with the Bubonic Plague and AIDS, 
Severe Acute Respiratory Syndrome, or SARS, has shocked and awed the world into a 
paranoia that has caused countries to close their borders and restrict the movement of people. 
Countries like China, Singapore and Hong Kong were hardest hit, and even advanced countries 
such as Canada were not spared. 
Though advanced science and technology are being used to combat the disease, it is 
modern technology itself that also caused its spread. The case of cross-border travel offered by 
modern transportation and the new world order of globalization have also made it easier for 
viruses to be transferred and spread from one country to another, and one continent to another. 
Though the country was spared from SARS, this should not make us complacent. Once 
again the world is being threatened by a new kind of virus, the “swine flu”, which has already 
showed its ugly head this early and manifested that it is as lethal as SARS. There may be more 
similar outbreaks that may confront us in the future. It is therefore necessary that the country 
should become proactive in addressing these kinds of situation. 
The establishment of a set of plan to counteract the emergence or resurgence of 
contagions is a must. We should have a ready plan that we can pull out from our drawer and 
implement immediately should an outbreak occur. And with the threat of a deliberate outbreak 
via bio-terrorism, the urgency is even more emphasized. 
This bill seeks to establish a Public Health Emergency Council which would have the 
primary responsibility to draw up a battle plan against a public health emergency and implement 
the same. It seeks to give us a fighting chance against biological, chemical or nuclear health 
threats through preparation, management and disposal. 
For these reasons, the passage of this bill is earnestly sought. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
S E N A T E  
Introduced by Senator Biazon 
AN ACT 
ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL, PROVIDING 
POWERS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senute and House of Representatives ofthe Philippines in Congress 
assembled: 
SECTION 1. Title - This act shall be known as the "Emergency Health Powers Act". 
Sec. 2. Declaration of Policies - The State shall protect and promote the right of the 
people to a healthy life and environment. It is also the prime duty of Government to serve and 
protect the people and in this pursuit, may require the people to cooperate in times of public 
health emergencies. 
In light of new and emerging threats, including emergent and resurgent infectious 
diseases and terrorist attacks involving the use of chemical, biological or nuclear agents, the 
State shall focus on the prevention, detection, management, and containment of public health 
emergencies. 
The State shall endeavor to respond immediately and effectively to potential or actual 
public health emergencies and in so doing, may require the exercise of emergency health powers 
for the promotion of the common good. 
Sec. 3. Dejnition of Terms - For purposes of this Act, the following terms are herein 
defined: 
a. 
"Biological agent" means a microorganism, virus, infectious substance, naturally 
occurring or bioengineered product, or other biological material that could cause 
death, disease, or other harm to a human, an animal, a plant, or another living 
organism. 
"Biological Attack" means an attack against the population with the use of weapons 
employing biological agents. 
"Chemical agent" means a poisonous chemical agent that has the capacity to cause 
death, disease, or other harm to a human, an animal, a plant, or another living 
organism. 
"Chemical Attack" means an attack against the population with the use of weapons 
employing chemical agents. 
"Contagious disease" is a disease that can be transmitted from person to person, 
animal to person, or insect to person. 
"Facility" means any real property, building, structure, or other improvement to real 
property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of 
transportation. 
"Health care facility" means any institution, building, or agency or portion thereof, 
whether public or private that is used, operated, or designed to provide health 
b. 
c. 
d. 
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f. 
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services, medical treatment, nursing, rehabilitative, or preventive care to any person 
or persons. This includes, but is not limited to, ambulatory surgical facilities, health 
maintenance organizations, home health agencies, hospices, hospitals, infirmaries, 
intermediate care facilities, kidney treatment centers, long-term care facilities, 
medical assistance facilities, mental health centers, outpatient facilities, public health 
centers, rehabilitation facilities, residential treatment facilities, skilled nursing 
facilities, and adult daycare centers. The term also includes, but is not limited to, the 
following related properties when used for or in connection with the foregoing: 
laboratories, research facilities, pharmacies, laundry facilities, health personnel 
training and lodging facilities, and patient, guest, and health personnel food service 
facilities, and offices and office buildings for persons engaged in health care 
professions or services. 
"Health care provider" means any person or entity that provides health care services 
including, but not limited to, hospitals, medical clinics aud offices, special care 
facilities, medical laboratories, physicians, pharmacists, dentists, physician 
assistants, nurses, paramedics, firefighters who provide emergency medical care, 
emergency medical or laboratory technicians, and ambulance and emergency 
medical workers. 
"Infectious disease" is a disease caused by a living organism or virus. An infectious 
disease may or may not be transmissible from person to person, animal to person, or 
insect to person. 
"Isolation" and "quarantine" mean the compulsory physical separation, including 
restriction of movement or confinement, of individuals and/or groups believed to 
have been exposed to, or known to have been infected with a contagious disease, 
from individuals who are believed not to have been exposed or infected in order to 
prevent or limit the transmission of the disease to others. "Quarantine" shall also 
mean compulsory physical separation, including restriction of movement, of 
populations or groups of healthy people who have been potentially exposed to a 
contagious disease, or to efforts to segregate these persons within specified 
geographic areas if the situation so requires. "Isolation" shall also mean the 
separation and confinement of individuals known or suspected via signs, symptoms, 
or laboratory criteria, to be infected with a contagious disease to prevent them from 
transmitting said disease to others. 
"Nuclear Agent" means any radioactive material, element or byproducts thereof that 
could cause death, disease, or other ham to a human, an animal, a plant, or another 
living organism. 
"Nuclear Attack" means an attack against the population with the use of weapons 
employing nuclear agents. 
"Public health emergency" means the occurrence or imminent risk of an illness or 
health condition that may be caused by terrorism, epidemic or pandemic disease, or 
an infectious, biological or chemical agent that poses a substantial risk to a 
significant number of the population or poses a serious threat to the agricultural 
sector, including food supply. 
"Radioactive material" means a nuclear or radioactive substance that has the 
capacity to cause injury or death to a human, an animal, a plant, or another living 
organism. 
"Terrorist Attack" means any attack against the general population with the intent to 
deliberately cause death or harm to persons or damage to property using weapons of 
mass destruction. Such weapons may be biological, chemical or nuclear, or other 
conventional or improvised weapons. 
"Tests" include, but are not limited to, any diagnostic or investigative analyses 
necessary to prevent the spread of disease or protect the public's health, safety, and 
welfare. 
Sec. 4. Public Health Emergemy Council (PHEC) - The Public Health Emergency 
Council (PHEC), hereinafter referred to as the Council, is hereby established to be composed of 
the following: 
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a. Secretary of Health, Chairman; 
b. Secretary of Interior and Local Government, Member; 
c. Secretary of Trade and Industry, Member; 
d. Secretary of Justice, Member; 
e. Secretary of National Defense, Member; and 
f. Press Secretary, Member. 
Other government agencies not under the authority or jurisdiction of the standing 
members of the Council may be included as the need as deteiinined by the Council, arises. 
The Council shall convene when a State of Public Health Emergency is declared by the 
President and shall be responsible for the formulation and implementation of the National Public 
Health Emergency Plan, hereinafter referred to as the Plan, to address any public health 
emergency as defined in this Act. 
Within six months from the approval of this Act, the Council shall draw up the Plan, and 
conduct a briefing for all local government units. It shall serve as the framework for the 
government’s response to any public health emergency. 
The Council shall also advise the President on courses of action outside the Plan that may 
be talten in the event that a public health emergency occurs. 
Sec. 5. Declurution of State of Public Health Emergency - The President, upon the 
recommendation of the Secretary of Health, may declare a State of Public Health Emergency and 
immediately convene the Council. The basis for such a declaration shall be made public by the 
Council through the mass media and a written report submitted to both houses of Congress. 
The State of Public Health Emergency shall he for a period of sixty days unless extended 
or terminated earlier by the Council. 
Sec. 6. Health Cure Fucilities and Services During State of Public Health Emergency. ~ 
During the period of the State of Public Health Emergency, the Council may, within reasonable 
and necessary bounds for emergency response to a public health emergency, require a health care 
facility to provide services or the use of its facility; Provided, That the Council may require 
privately owned health care facilities to provide services or use of its facility only if government 
health institutions are unable to cope with the public health emergency. 
When the Council needs the use or services of the facility to isolate or quarantine 
individuals during a public health emergency, the management and supervision ofthe health care 
facility must be coordinated with the Council to ensure the protection of existing patients and 
compliance with the terms of this act. 
Sec. 7. Dangerous Facilities and Materials. - During the state of public health 
emergency, the Council may exercise, in coordination with national government agencies, local 
government units, and other organizations responsible for the implementation of the Plan, the 
following powers over €acilities or materials that may be considered dangerous due to 
contamination or exposure to chemical, nucIear or biological agents or infectious disease 
pathogens: 
a. to close, direct and compel the evacuation of, or to decontaminate or cause to be 
decontaminated, any facility of which there is reasonable cause to believe that may 
endanger the public health; and 
b. to decontaminate or cause to be decontaminated, any material of which there is 
reasonable cause to believe that it may endanger the public health. 
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Sec. 8. Control of Pharmaceutical Agents or Medical Supplies - After the declaration of 
a public health emergency, the Council may purchase, store or distribute antitoxins, serums, 
vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies 
that it considers advisable in the interest of preparing for or controlling a public health 
emergency, with the right to take immediate possession thereof. 
If a state of public health emergency results in a nationwide or regional shortage or 
threatened shortage of any product covered by the preceding paragraph, the Council may control, 
restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, 
allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant 
product necessary to protect the health, safety, and welfare of the people. In making rationing or 
other supply and distribution decisions, the Council must give preference to health care 
providers, disaster response personnel, and mortuary staff. 
Nothing in this section shall be construed to allow the Council to obtain antitoxins, 
serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical 
supplies for the primary purpose of hoarding such items or preventing their fair and equitable 
distribution among the health care institutions and providers, both government and private. 
Sec. 9. Control and Treatment of Infectious Diseases. - During a state of public health 
emergency, the Council shall use every available means to prevent the transmission of 
contagious and infectious diseases and to ensure that all cases of contagious and infectious 
disease are subject to proper control and treatment. 
Sec. 10. Physical Examinations or Tests: Isolation or Quarantine of Persons Refusing 
Examination. - During a state of public health emergency, the Council may perform voluntary 
physical examinations or tests as necessary for the diagnosis or treatment of individuals. 
The Council may isolate or quarantine any person whose refusal of physical examination 
or testing results in uncertainty regardless whether said person has been exposed to, or is infected 
with, a contagious or possibly contagious disease or otherwise poses a danger to public health. 
Isolation and quarantine shall be mandatory for. persons exhibiting any symptom of an 
infectious disease causing the public health emergency or whose physical examination or test 
results confirm an infection. 
Sec. 11, Isolation and Quarantine of Individuals or Groups; Penally for Noncompliance 
- During a public health emergency, the Council may. isolate or quarantine an individual or 
groups of individuals. This includes individuals or groups who have not been vaccinated, treated, 
tested, or examined pursuant to the preceding section. The Council may also establish and 
maintain places of isolation and quarantine, set rules and make orders in this regard. 
The Council shall adhere to the following conditions and principles when placing 
individuals or groups of individuals under isolation or quarantine: 
(a) isolation and quarantine must be by the least restrictive means necessary to prevent 
the spread of a contagious or possibly contagious disease and may include, but not 
limited to, confinement to private homes or other private and public premises; 
(b) individuals isolated because of objective evidence of infection or contagious disease 
must be confined separately from quarantined asymptomatic individuals; 
(c) the health status of isolated and quarantined individuals must be monitored regularly; 
(d) if a quarantined individual becomes infected or is reasonably believed to be infected 
with a contagious or possibly contagious disease, he or she must be promptly isolated; 
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(e) isolated and quarantined individuals must be immediately released when they no 
longer pose substantial risk of transmitting a contagious or possibly contagious disease to 
others; 
(q the needs of persons isolated and quarantined must be addressed in a systematic and 
competent fashion including, but not limited to, providing adequate food, clothing, 
shelter, means of communication with those outside the facility, medication, and 
competent medical care; 
(g) facilities used for isolation and quarantine must be maintained in a safe and hygienic 
manner and be designed to minimize the likelihood of further transmission of infection or 
other harm. 
Persons subject to isolation or quarantine must comply with the Council's rules and 
orders and must not go beyond the isolation or quarantine premises. Failure to comply with these 
provisions shall be penalized with a fine of Ten Thousand Pesos. 
Only authorized physicians, health care workers, or other persons with written permission 
from the Council shall have access to individuals in isolation or quarantine to meet the needs and 
proper care of these individuals. Failure to comply with or willful violation of this provision shall 
be penalized with a fine of Ten Thousand Pesos or imprisonment o f  not more than six months. 
Facilitating, aiding or conspiring to violate these provisions shall be penalized with a fine 
of Ten Thousand Pesos or imprisonment of not more than six months. 
Any person entering an isolation or quarantine premises with or without authorization of 
the Council may be isoIated or quarantined as provided for in this act. 
Sec. 12. Local Government Role - Within six months after the adoption of the Plan, local 
government units shall draw up their respective Local Public Health Emergency Plans 
conforming to the national plan and the provisions of this Act. 
During a state of public health emergency, local government officials shall provide 
unconditional support. and cooperation to the Council and the Plan. 
Refusal of local government officials to provide support and cooperation shall constitute 
an offense and shall be dealt with disciplinary action as provided for in the Local Government 
Code. 
Sec. 13. Powers and Duties RegaFding Su) Disposal ofHuman Remains. - The Council 
must coordinate with hospitals and funeral institutions, for such period as the state of public 
health emergency exists, to exercise the following powers regarding the safe disposal of human 
remains suspected or known to be a victim of an infectious disease: 
(a) to take possession or control of any human remains which cannot be safely handled 
otherwise; 
(b) to order the disposal of human remains of a person who has died of an infectious 
disease through burial or cremation within twenty-four hours after death, 
(c) to require any business or facility authorized to embalm, bury, cremate, inter, disinter, 
transport, and dispose of human remains under existing laws to accept any human 
remains or provide the use of its business or facility if these actions are reasonable and 
necessary for emergency response. 
All human remains prior to disposal must he clearly labeled with all available 
information to identify the deceased and the circumstances of death. Any human remains of a 
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deceased person with an infectious disease must have an external, clearly visible tag indicating 
that the human reniains are infected and, if known, the infectious disease. 
Every person in charge of disposing any human remains must maintain a written record 
of each set of human remains and all available information to identify the deceased and the 
circumstances of death and disposal. If the human remains cannot be identified prior to disposal, 
a qualified person must, to the extent possible, take fingerprints and one or more photographs of 
the human remains, and collect a DNA specimen. All information gathered under this paragraph 
must be promptly forwarded to the Council. Identification must be handled by the agencies that 
have laboratories suitable for DNA identification. 
Sec. 14. Centralized Information - During the State of Public Health Emergency, the 
Council, through the Press Secretary or a designated alternate, shall provide the public with daily 
updates, news bulletins or briefings on the progress of the management and containment of the 
public health emergency and shall endeavor to prevent or stop the spread of misinformation. 
In this pursuit, the Council, through the Press Secretary, may request the mass media to 
refrain from reporting or disseminating information about the public health emergency that it has 
not cleared. 
Sec. 15. Implementing Authoritp - The Secretary of the Department of Health shall 
promulgate the implementing rules and regulations, orders and other issuances as may be 
necessary to implement and carry out the intent, objectives, purposes and provisions of this Act, 
Sec. 16. Separability Clause. - If any part, section or provision of this Act is held invalid 
or unconstitutional, other provisions not affected thereby shall remain in force and effect. 
Sec. 17. Repealing Clause - All other laws, decrees, orders, issuances, rules and 
regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly. 
Sec. 18. Efecectivity. - This Act shall take effect fifteen (1 5) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved. 
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