HOUSE OF REPRESE!
Quezon Cit

SIXTEENTH CONGRESS \.
First Regular Session

House Bill No. 181

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INTRODUCED BY:
HON. GUSTAVO S. TAMBUNTING
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In the Philippines, cancer is the third leading cause of death. Cancer
claims one death of every two new cases each year, affects 189 persons per
100,000 Filipinos, and kills 103 Filipinos a day or 4 Filipinos per hour.
Mortality rate of cancer in the country has increased in the past three
decades. This trend may continue unless organized and sustained
specialized as well as preventive measures against cancer are not initiated in
the soonest possible time.

In response to these alarming data, the 15% Congress of the
Philippines approved in the committee level House Bill 5368 which seeks to
create a National Cancer Institute of the Philippines. Hence, this bill is filed
to continue the advocacy and noble cause for the people through legislation
intended to provide measures for cancer prevention, detection and
treatment.

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The creation of a National Cancer Institute of the Philippines is
consistent with the policy of the State in protecting and promoting the right
to health of the people and to instill health consciousness among them.
(Section 15, Article 2 of the 1987 Constitution)

To fully implement the policy of the State, this bill seeks to provide for
the centralization of planning, programs and activities related to the
prevention, screening, detection, diagnosis and treatment of cancer. Also,
the centralization applies to the conduct of research relevant to malignant
diseases, the assignment or distribution of such research activities and the
dissemination or application of beneficial research results. The



establishment of a network for regional treatment and research centers is
included to effectively realize the spirit of centralization defined in the bill.
Thus, there will be prevention in duplication of efforts, reduction in costs,
and enabled comprehensive view in the cancer-affected sectors as well as
identification of a more appropriate | assignment of priorities on
programs/activities/fund allocation.

More importantly, the establishment of regional cancer centers
concretizes the initiative of the government to make specialized health
services readily available to people particul arly those outside Metro Manila,
Cebu and Davao.

When enacted into law and properly implemented, the various
regional cancer centers manned by highly competent and qualified staff
including a fully equipped facilities will foster the availability of cancer
treatment. As a result, the supply of and demand for treatment as well as
services will be reduced thereby patients can receive treatment and services
with minimal costs.

Economically, the enactment of this legislation will increase the inflow
of medical tourists and medical workers from developing countries seeking
for training. It will also result in the expansion of local hospice care for
cancer patients and an increase in exportable medical/health workers who
are skilled in cancer treatment. More importantly, there will be a significant
increase in tax revenue as there will an increase in the income of
individual/regional/national medical sector. Thus, the tax revenue collected
will be used in continuing the modernization of the country’s cancer related
services and facilities envisioned in this bill.

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

wom VO 8. 7 ING

2n4 District, Paranaque City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH cores
First Regular Session

House Bill No._|181.

INTRODUCED) BY:
HON. GUS TAMBUNTING

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

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

SECTION 1. Short Title. - This Act shall be known as “The National Cancer
Institute Act of 2013”. |

SEC 2, Declaration of State Policy and Principles. - It is hereby declared
as further policy and principles of the State to:

(a) Promote specialized, pultdisciniilary and comprehensive cancer
research, dissemination and/or utilization of the results of research
and development including th¢ 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 Bureau of Food
and Drug (BFAD), Department of Trade and Industry, Department of
Agriculture and other concerned agencies.

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

(d) Encourage evidence-based early detection, screening, diagnosis and
treatment of cancer;



(c) Enable cancer patients to receive appropriate treatment based on
scientific knowledge;

() 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 Advisory Board. - There is hereby created the
National Cancer Advisory Board, to be composed of fifteen members as
follows: |

(a) The Secretary of the Department of Health (DOH), the Secretary of the
Department of Science and Technology (DOST) through the Philippines
Council for Health Research and Development (PCHRD), and the Director of
the National Institutes of Health (NIH) as ex officio members of the board.

(b) Twelve members appointed by the President of the Philippines upon
recommendation through a careful selection process. 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
National Cancer Institute. The appointed members shall receive and
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 @ period of four years. Any vacancy
shall be filled by appointment by the President of the Philippines,
upon recommendation of the National Cancer Advisory Board.

(2) Any member appointed to fill a vacancy occurring prior to expiration
of the term for which is predecessor was appointed shalll 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.

SEC. 4. Powers and Functions of the National Cancer Advisory Board. ~
The Board shall have the following powers and functions:

(a) The regular members of the Board shall elect from among themselves
a Chairman who shall be the presiding officer of the Board.

(b) The Board shall elect from among themselves the Director of the
National Cancer Institute who shall also serve as Vice Chairman of the
Board.

(c) The Board shall 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.

(d) The Board shall meet at the call of the Director of the National Cancer
Institute or the Chairman, not less than once a month, and shall
advise and assist the Director of the National Cancer Institute with
respect to the National Cancer Program.

(e) The Director of the National Cancer Institute shall designate a
member of the staff of the Institute to act as Executive Secretary of the
Board.

() The Board shall monitor the development and execution of the
National Cancer Programs formulated, updated and improved by the
NCI and shall report directly to the President. Any delays or blockages
in rapid execution of the Programs) shall immediately be brought to
the attention of the President.

(g) The Board may hold such hearings, take such testimony and sit and
act at such times and places as the Board deems advisable to
investigate programs and activities of the National Cancer Program of
the National Cancer Institute.

(h) The Board shall submit to the President periodic progress reports on
the Program. Annual evaluation of the efficacy 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.

{@) The Director og the National Cancer Institute shall make available to
the Board such staff, information, and other assistance as it may
require in carrying out its activities.

SEC. 5. National Cancer Institute. — There is hereby established a National
Cancer Institute which shall compile date, 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 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 and Department of
Science and Technology through Philippines Council for Health Research
and Development will be coordinated to avoid overlap of projects.

SEC. 6. Director of the National Cancer Institute. ~

(a) The Director of the National Cancer Institute coordinates all activities of
the Department of Health and of other Departments of government and non-
governmental agencies or institutes relating to cancer and the National

Cancer Program. |

(b) In formulating and implementing the National Cancer Program, the
Director of the National Cancer Institute shall:

(1) With the advice of the National Cancer Advisory Board, plan and
develop the National Cancer Program, including an expanded,
intensified, and coordinated cancer research program encompassing
the programs of the National Cancer 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
Department of Health, the Department of Science and Technology
through PCHRD and the University of the Philippines National
Institute for Health for accelerated exploration of opportunities in
areas of special promise.

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

(4) Collect, analyze and disseminate all date useful in the prevention,
diagnosis, and treatment of cancer, including the establishment of an
international cancer research date 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 an 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 National Cancer Advisory Board at such
times and in such 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.

(9) Prepare and submit, directly to the President of the Philippines for
review and transmittal to Congress, an annual budget estimate for the
National Cancer Program, after reasonable opportunity for comment
(but without change) by the Secretary of Health, the Director of the
National Institutes of Health, and the National Cancer Advisory Board;
and receive from the President and the Department of Budget and
Management directly all funds appropriated by Congress for obligation
and expenditure by the National Cancer Institute.

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 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 National Capital Region 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.

(c) The director of the National Cancer Institute, under policies established
by the Director of the National Institutes of Health, the PCHRD and the
DOST and after consultation with the National Cancer Advisory 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 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, including such patient care
costs as required for research; |

(3) training including training for allied health professions personnel; and
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(4) demonstration purposes;
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 National Cancer
Institute for additional periods of not mare 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
National Cancer Institute. |

SEC. 8. Cancer Control Programs. - The Director of the National Cancer
Institute shall establish programs as cae for cooperation with 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 indigent patients, upon qualification, to
cover the expenses of all necessary laboratory tests and other related
examinations 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 circumstances. However, only
recognized and duly organized support groups shall be granted
subsidy in accordance with the Implementing Rules and Regulations
of this Act;

(c) An independent support group shall be established as a standing
program to augment the emotional $upport needed by 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) It is hereby established by the Regional
Cancer Centers for each region in the country and will coordinate with the
National Cancer Institute through its executive chief officer.

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

(1) The Regional Cancer Centers shall be respectively administered by the
head of the Regional Department of Health Offices as executive chief
officer of the Regional Cancer Center under a national central
executive chief officer designated by the Secretary of the Department
of Health among his undersecretaries. The regional cancer centers will
coordinate with the National Cancer 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 National Cancer Advisory Board.

(b) The National Cancer Institute through the Director shall oversee each
cancer center in the country, and upon approval by the National Cancer
Advisory 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
regional cancer centers and in the national cancer centers;

(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
such other 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 governments as he deems desirable to
advise him with respect to his function;

(4) Utilize, with their consent, 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, or donations of services, money, or
property, real personal, or mixed, tangible or intangible;

(7) Enter into such 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 necessary action to ensure that all channels for the
dissemination and exchange of scientific knowledge and information


are maintained between the National Cancer Institute and the other
scientific, medical, and biomedical disciplines and organizations
nationally and internationally.

SEC. 10. Presidential Cancer Panel. -| (a) There is established the
President's Cancer 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 National Cancer
Program, At least two of the members of the Panel shall be distinguished
scientists or physicians, recommended by the Director of the National
Cancer Institute, |

(b) Members of the Panel shall be appointed for three-year terms, except that
in 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 a 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 basi¢ 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 yested in the Panel, and shall be
allowed travel expenses including a per diem allowance.

(c) The Panel shall meet at the call of the Chairman, but not less often than
twelve times a year. A transcript shall be kept of the proceedings of each
meeting of the Panel, 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 or blockages in rapid execution of the Program shall
immediately be brought to the attention of the President. The Panel shall
submit to the President periodic progress reports on the Program and
annually an evaluation of the efficacy of the Program and suggestions for
improvements, and shall submit such 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

National Cancer Institute.



SEC. 11. Scientific Review and Reports on Cancer. - (a) The Director of
the National Cancer Institute shall, by regulation, provide for 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 establish within the National Institutes of Health of the
University of the Philippines and composed principally of scientists and
other experts in the scientific and disease fields, and when appropriate, by
establishing, with the approval of the National Cancer Advisory Board and
the Director of the National Institutes of Health, other formal peer review
groups as may be required.

(b/The Director of the National Cancer Institute shall, as soon as practicable
after the end of each calendar year, prepare in consultation with the
National Cancer Advisory Board and submit to the President for transmittal
to the Congress a report on the activities, progress, and accomplishments
under the National Cancer Program during|the preceding calendar year and
a plan for the 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 Genetal Appropriations Act.

SEC. 13. Implementing Rules and Regulations. The National Cancer
Advisory Board with the involvement of |the stake holders shall start to
establish the committee that will promulgate the implementing rules and
regulations of this act within 90 days from the approval of this act.

SEC. 14. 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 Committ¢es on Health and on Science 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 on Science and Technology, and House of
Representatives Committees on Health and on 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. 15. Separability Clause. If any provision or part hereof is held invalid
or unconstitutional, the remainder of this Act or the provision not otherwise
affected shall remain valid and subsisting. |

SEC. 16. Repealing Clause. All laws, decrees, rules and regulations, or
parts thereof inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 17. Bffectivity Clause. This Act shall take effect fifteen(15) days after
its publication in the Official Gazette and in a newspaper of general

circulation.
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Approved, |