Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._2846

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

An ambulance is a vehicle basically intended to transport seriously sick
or injured patients requiring immediate medical treatment to a medical
facility or from a medical facility to another and is sufficiently equipped
for this purpose and designated as such. In emergency cases, this
vehicle plays a vital role in saving lives.

Owing to its importance, the government has been trying very hard to
provide enough number of ambulances despite its chronic budgetary
constraints and other pressing problems requiring prompt action and
response.

However, it is observed that government ambulances are often
misused, to the detriment of the public. The sight of government
ambulances in recreation areas and other places where they are not
supposed to be is becoming usual and tolerated. Worse, there are
instances where fees are collected for their use, or their use is refused
for political considerations or other reasons that defeat the very
purpose of their acquisition.

By devoting government ambulances to other purpose, sick
constituents are deprived of their use as they are often unavailable
when needs arise. More deplorable, the denial of their use by patients
requiring immediate medical attention for whatever reason is contrary
to law and public policy, hence, must be penalized.

It is on these premises that the importance of this measure is
underscored. This not only aims to prevent abuses in the use of
government ambulances but also to ensure that these emergency
vehicles are available to respond to emergencies at any time without
discrimination.

In view thereof, the immediate approval of this bill is requested.

—~

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. __ 2846

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
REGULATING THE USE OF GOVERNMENT AMBULANCES,
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy. - It is hereby declared the policy of
the State that the right of the people to health shall be protected and
promoted. In this regard, the State shall extend such assistance in
the most expeditious manner where there is immediate danger on the
life of the people.

SEC 2. Definition of Terms. - As used in this Act, the following terms
shall mean:

(a) “Government ambulance” refers to a vehicle equipped with
emergency life-saving devices and equipment and properly
designated as such, used to carry or transport seriously sick or
injured persons or patients in emergency situations requiring
immediate medical treatment to a medical facility or from one
medical facility to another; or for diagnostic or therapeutic
treatment where, by the nature of the patient's sickness or
injury, conveyance by ambulance is necessary. These vehicles
are acquired using government funds or donated for
government use, regardless of source.

(b

"Emergency " refers to a condition or state of patient wherein
based on the objective findings of a prudent medical officer on
duty for the day, there is immediate danger on the life of the
patient where delay in initial support and treatment may cause
loss of life or permanent disability to the patient.



SEC 3. Joint Custody of Government Ambulances Assigned or
Donated to Local Government Units. — Any government ambulance
assigned or donated to local government units shall be under the joint
custody of the local chief executive and the health officer concerned.
Each shall be jointly liable for any violation of the provisions of this Act
committed by the other.

Upon the end of the local chief executive's term of office or in case he
is disqualified or removed from office for whatever cause, he shall turn
over the custody of the ambulance to the proper authority within
fifteen (15) days from his last day in office. In the same manner, in
case the health officer of the local government unit retires, is
separated or disqualified from office, he shall turn over the said
custody to the proper authority within fifteen (15) days from his last
day in office.

SEC 4. Duties of Local Chief Executives. ~

(a)It shall be the duty of any local chief executive having
temporary custody of any government ambulance, donated or
otherwise, to deliver or cause the delivery of the same to the
intended beneficiary without unnecessary delay.

(b)It shall also be the duty of local chief executives assigned with
any government ambulance to appoint at least one regular
driver for each ambulance and ensure that a sufficient amount
for gasoline and the mattenence of their ambulance is
appropriated every year.

SEC 5. Prohibited Acts. - The following acts are hereby prohibited:

(a) It shall be unlawful for any public official or employee to use
any government ambulance as office service vehicle, for
recreation or for personal use or for any other purpose
whatsoever inconsistent with the purposes of a government
ambulance as defined in Section 1 of this Act;

(b) It shall be unlawful for any public official or employee to use
any government ambulance in the transportation of patients
not in emergency situation unless another ambulance is
available to respond to any emergency; or when no other
means of transportation is available which non-availability is
jointly certified under oath by the patient or any of his / her
relatives or guardians and the responsible officer in charge of
the ambulance other than the driver; or when the nature of the
patient's sickness or injury, though not life threatening, makes
necessary his / her transportation by ambulance;

(c)

It shall be unlawful for any public officer or employee to allow
the use of any government ambulance by individuals or entities
for private use, for a fee or not;


(d) It shall be unlawful for any public officer or employee to refuse
the use of any government ambulance by any patient entitled
to the use of the same as provided in this Act due to the
patient's inability to pay any fee collected for its use; or
discriminate in its use on account of religious beliefs, gender,
economic status, political affiliations or whatever cause contrary
to law, public policy or good customs;

It shall be unlawful for any public officer or employee to paint
over or allow the painting over of any government ambulance
to circumvent the provisions of this Act.

(e)

SEC 6. Exceptions to the Prohibited Acts. - The provisions of Section
5 notwithstanding, the following use of any government ambulance in
non-emergency cases may be allowed:

(a) Medical outreach missions; and,
(b) Other related hospital operations.

SEC 7. Penalty Clause. - Violations of second paragraph of Section 3
hereof shall be punished by perpetual disqualification from public
service with forfeiture of retirement benefits.

Violations of Section 4 and any of the prohibited acts enumerated in
Section 5 hereof shall be penalized by suspension from office for thirty
(30) days for the first offense; suspension for six (6) months for the
second offense; and termination from service with forfeiture of
retirement benefits and perpetual disqualification from public service
for the third offense.

If the violation of any of the prohibited acts be committed with the
knowledge or participation of the local chief executive and / or the
responsible health officer in case of local government units or the head
of hospital in case of government hospitals, the said officials shall also
be penalized with the same penalty provided in this Act.

SEC 8. Implementing Rules and Regulations. - The Secretary of the
Department of the Interior and Local Government, in consultation with
the Secretaries of the Department of Health and the Department of
Transportation and Communications and concerned sectors shall issue
such guidelines, orders or rules and regulations as may be necessary
to carry out the provisions of this Act.

SEC 9. Separability Clause. - If any provision of this Act or the
application of such provision to any person or circumstance is declared
unconstitutional, the remainder of this Act or the application of such
provision to other persons or circumstances shall not be affected by
such declaration.


SEC 10. Repealing Clause. - All laws, orders, decrees, proclamations,
rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SEC 11. Effectivity Clause. - This Act shall take effect after fifteen
(15) days following the completion of its publication in the Official
Gazette, or in a newspaper of general circulation in the Philippines.

Approved,