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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 3275

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This measure seeks to create a Public Health Emergency Council
which shall formulate a comprehensive strategy on public health
emergency. It seeks to give our country a fighting chance against
biological, chemical or nuclear health threats through preparation,
management and disposal.

The Council shall be composed of the heads of the Departments
of Health, Interior and Local Government, Trade and Industry, Justice
and National Defense and the Office of the Press Secretary. Upon
declaration of a state of public health emergency by the President, the
Council shall be responsible for the formulation and implementation of
a national public health emergency plan. This is to ensure that the
national government will be able to respond immediately and
effectively to actual public health emergencies.

The establishment of a set of plan to counteract the emergence
or resurgence of contagions is a must. We should have a emergency
plan that we can implement against new and emerging threats should
an outbreak occur in our country. And with the threat of a deliberate
outbreak via bio-terrorism, the urgency is even more emphasized.

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

JOSEPH VICTOR G. EJERCITO


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__2° 75

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
ESTABLISHING THE PUBLIC HEALTH EMERGENCY
COUNCIL, PROVIDING
POWERS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the
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. Definition 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.

b. "Biological Attack" means an attack against the population
with the use of weapons employing biological agents.

c. "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.

d. "Chemical Attack" means an attack against the population
with the use of weapons employing chemical agents.

e. "Contagious disease" is a disease that can be transmitted
from person to person, animal to person, or insect to person.

f. "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.

g. “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 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 facil , 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.

h. "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.

i. "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.


j. "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.

k. "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.

m. "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.

n, "Nuclear Attack" means an attack against the population with
the use of weapons employing nuclear agents.

0. "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.

Pp. "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.

q. “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.

r. "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 Emergency Council (PHEC) - The
Public Health Emergency Council (PHEC), hereinafter referred to as the
Council, is hereby established to be composed of the following:

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 determined 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 taken in the event
that a public health emergency occurs.

SEC. 5. Declaration 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 be for a period of
sixty days unless extended or terminated earlier by the Council.

SEC. 6. Health Cure Facilities 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 of the 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 facilities or materials that may be


considered dangerous due to contamination or exposure to chemical,
nuclear 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.

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; Penalty 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;

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;

f. 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 of 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 isolated 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 Regarding Safe Disposal of
Human 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 deceased person with an infectious
disease must have an external, clearly visible tag indicating that the
human remains 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 Authority - 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. Effectivity. - This Act shall take effect fifteen (15)

days after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,