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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodri

4194

EXPLANATORY NOTE

House Bill No.

This bill was filed during the 17" Congress and was approved by the House of the
Representatives.

The promotion of mental health among the youth, especially among the school
children, is often neglected because of the focus given to the academic or curricular
development in aiming to upgrade and improve the quality of education in our country. The
government and its partners in the academe, however, fail to realize that the intellectual
development of a child can only prosper if he is given the adequate mental health services.

Despite the immense need for counseling professionals, we have a very limited
number of school-based counselors, psychologists and social workers who are serving in
our educational institutions.

This bill seeks to recruit, hire, and train additional school-based guidance counselors,
psychologists, school social workers and mental health personnel. This will enable the
students to avail of services that will attend to their mental, emotional and developmental
needs. Hence, we can expect a holistic approach to the development and learning of our
students.

The immediate approval of this bill s earnestly sought.

RUFUS B. RODRIGUEZ


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez

House Bill No. 4194
AN ACT

STRENGTHENING THE PROMOTION AND DELIVERY OF MENTAL HEALTH SERVICES
IN BASIC EDUCATION THROUGH THE HIRING AND DEPLOYMENT OF MENTAL
HEALTH PROFESSIONALS, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Basic Education Mental Health
and Well-Being Promotion Act”.

SEC. 2. Purposes. - The purposes of this Act are as follows:

a)

b)

°)

d)

e)

9)

Adequately address the mental, emotional and developmental needs of learners as
well as the teaching and non-teaching personnel by making available the services of
mental health professionals;

Promote the emotional, psychological and mental health well-being of learners and
teachers so as to enhance their classroom and learning preparedness, most
‘specially to those learners identified as children in conflict with law (CICL), students
at risk of dropping out (SRDO), leamer-victims of Violence Against Women and
Children (VAWC), and leamers-victims of other related forms of child abuse and
criminal acts;

Enable the Department of Education (DepEd) to recruit, hire, and train additional
mental health professionals and sustain their competencies, professional growth, and
career development;

Support teachers and other education personnel in improving classroom
management through the conduct of behavioral and other guidance related
interventions to improve the learners’ well-being, emotional and psycho-social
development, daily disposition and career decision making capability. Likewise, train
the teachers and other education personnel in developing awareness and skills to
identify early warning signs of mental health problems and the need for mental health
interventions;

Establish linkages with the community through the promotion of mental health
programs and activities geared for the development of learners;

Support parents, guardians, and concerned stakeholders in enhancing the academic
performance of their children;

Remove the emotional, behavioral, and psycho-social barriers to learning so as to
enhance the classroom atmosphere in order to achieve a child-friendly, inclusive,
safe, and motivating learning environment; and


h)

Provide after care support in the treatment of mental health concerns of learners and
the school’s teaching and non-teaching personnel.

SEC. 3. Definition of Terms. — As used in this Act:

a)

b)

dq)

9)

h)

Counseling refers to a dynamic personal interaction, either through face-to-face or
virtual interaction, between the counselor and the counselee, where the counselor
employs various methods, approaches or techniques to enhance the counselee's
intrapersonal and interpersonal development and competencies;

Guidance associate refers to an individual who is employed by the DepEd to perform
specific skills relevant to the provision of mental health services in the school setting,
and who possesses a bachelor’s degree in Psychology or any related course, has
earned a minimum of twelve (12) units of behavioral science subjects or undergone
two hundred (200) hours of supervised practicum or intemship experience in
guidance and counselling, preferably in a school or community setting;

Guidance counselor refers to an individual who possesses a valid license or
certification granted by the Professional Regulation Commission (PRC) and holds at
the minimum a master's degree in Guidance and Counseling, Guidance, or
Counseling without prejudice to those registered under the grandfather's clause of
R.A. 9258, otherwise known as the “Guidance and Counseling Act of 2004,” and is
competent to perform guidance and counselling, career guidance and implement
mental health programs;

Guidance services specialist refers to the specific Guidance Counselor plantilla-
position in the DepEd that takes care of the mental health and well-being of learners
and employees;

Guidance teacher refers to a regular teacher who is given additional assignments
related to guidance and counselling services aside from the teaching load, to
augment the lack of Guidance Counselors. They shall be selected by the school
heads based on leadership skills and potentials, and competence in handling
guidance related concems. A Guidance Teacher shall preferably have a background
in psychology or have units in guidance and counseling, and values education;

Mental health refers to state of well-being in which the individual realizes one’s own
abilities and potentials, copes adequately with the normal stresses of life, displays
resilience in the face of extreme life events, works productively and fruitfully, and is
able to make a positive contribution to the community;

Mental health professional refers to a medical doctor, nurse, guidance counselor,
psychologist, or any other appropriately trained and qualified person with specific
skills relevant to the provision of mental health services;

Mental health program refers to the system of services designed to maintain the state
of well-being of an individual in order that one may realize one’s own abilities and
potentials, cope adequately with the normal stresses of life, displays resilience in the
face of extreme life events, work productively and fruitfully, and be able to make a
positive contribution to the community;

Mental health services refer to the psychosocial, psychiatric or neurologic activities
and programs along the whole range of the mental health support services including


promotion, prevention, treatment and aftercare, which are provided by mental health
facilities and mental health professionals;

j) Psychologist refers to a natural person who has professional training and clinical
skills in psychotherapeutic intervention and assessment for mental health problems,
possesses a license or certification granted by the PRC and holds at the minimum a
master’s degree in Psychology without prejudice to those granted licenses under the
grandfather's clause of R.A. 10029, otherwise known as the “Psychology Act of
200";

k)  Psychometrician refers to a natural person who has professional training skills in
psychological assessment, possesses a license or certification granted by the PRC
and holds at the minimum a bachelor's degree in Psychology without prejudice to
those granted licenses under the grandfather's clause of the Psychology Act of 2009;
and

1) Psychosocial problem refers to condition that indicates the existence of dysfunctions
in a person's behavior, thoughts and feelings brought about by sudden, extreme,
prolonged or cumulative stressors in the physical or social environment.

SEC. 4. Establishment of Mental Health and Well-being Office. - There is hereby
established, under the administration and supervision of the DepEd, a Mental Health and
Well-being Office in every schools division which shall provide services that cater and
respond to the mental, emotional, and developmental needs of learners and personnel of the
DepEd.

‘A sufficient number of Guidance Counselors and Guidance Services Specialist
positions shall be created within the schools division offices and in schools in order to cater
to the needs of learners and employees, based on the minimum standards to be determined
by the DepEd and the Department of Health (DOH), in coordination with the Civil Service
Commission (CSC) and the Department of Budget and Management (DBM).

Each Mental Health and Well-being Office shall be headed by a qualified mental
health professional who shall hold the position of Guidance Services Specialist V (Salary
Grade 24),

SEC. 5. Hiring and Deployment of Mental Health Professionals. - Subject to the guidelines
set by the CSC and the DBM, the DepEd shall provide for the hiring and deployment of
mental health professionals such that each public elementary and secondary school,
vocational institution, and offices in the central, regional, and schools division governance
levels of the DepEd shall have mental health professionals or mental health service
providers within five (5) years from the effectivity of this Act.

Until such time that the number of mental health professionals is deemed sufficient,
the DepEd may deploy guidance teachers and other similarly qualified employees to provide
school-based mental health services: Provided, That the DepEd shall provide the said
teachers and employees the appropriate training in counselling and management of mental
health issues: Provided, further, That the performance of said teachers and employees shall
be supervised by qualified mental health professionals within the school or the schools
division office: Provided, finally, That they shall receive additional honoraria as just
‘compensation for providing such services, subject to the guidelines set by the DBM and the
Commission on Audit.

Notwithstanding the provisions of the Guidance and Counseling Act of 2004, public
education institutions may hire, as may be necessary, college graduates who do not yet
qualify as mental health professionals but who possess a background in psychology or
similar fields to provide school-based mental health services: Provided, That the DepEd shall
provide such college graduates the appropriate training in counselling and management of
mental health issues and shall be supervised by qualified mental health professionals within


the schools division: Provided, further, That they meet the relevant qualifications and are
licensed as mental health professionals within three (3) years from the date they are hired.

The DepEd shall establish mechanisms to maximize existing services offered by
other executive departments that provide mental health services such as the DOH and the
Department of Social Welfare and Development (DSWD).

SEC. 6. Professional and Career Development of Mental Health Professionals. — The DepEd
shall, in coordination with the DBM, CSC, DOH and PRC:

a) Prepare a career and personnel development plan that shall include provisions on
personal weliness, merit promotion, performance evaluation, in-service training, post
Graduate scholarship grants, research grants, suggestions and incentive award
system;

b) Prescribe the salary grades of mental health professionals related items in
accordance with the provisions of R.A. 6758, otherwise known as the “Position
Classification and Compensation Act of 1989", as amended;

c) Set the standards for qualification outcomes of mental health professionals in
accordance with R.A. 10968, otherwise known as the “Philippine Qualifications
Framework (PQF) Act’;

d) Revisit the DepEd’s organizational structure in order to provide competent and
professional personnel who shall provide supervision and technical assistance to
Guidance Counselors at the school levels;

e) Review and revise the duties and responsibilities of mental health professionals in
accordance with pertinent laws;

f) Prepare a performance evaluation system that appraises the performance of a
counselor and the impact of the same on organizational effectiveness: Provided, That
each employee shall be informed by the immediate supervisor of the result of the
evaluation of their performance;

9) Provide for the institutionalization of the Basic Education Mental Health Manual, and

h) Provide periodic training and skills upgrading and development to mental health
professionals.

SEC. 7. Salary Scale. - The career and salary scales of mental health professionals in
schools shall provide for a gradual progression from a minimum to a maximum salary by
means of regular increments, to be given regularly based on merit and competencies as
similarly given to Master Teachers.

The entry level of mental health professionals shall not be lower than Salary Grade
16. The positions of Guidance Associates and Psychometricians shall be assigned the
Salary Grade 11 level

SEC. 8. Benefits. - The mental health professionals shall enjoy the rights and privileges as
provided in R.A. 7305, or the “Magna Carta of Public Health Workers’, R.A. 11036, or the
“Mental Health Act’, and other pertinent laws.

SEC. 9. Programs and Projects Related to Mental Health. - The DepEd shall provide
sufficient resources for mental health programs and projects designed to maintain and
address the mental health and well-being of learners and personnel.


SEC. 10. Appropriations. ~ The amount necessary for the implementation of this Act shalll be
included in the DepEd budget in the annual General Appropriations Act.

SEC. 11. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee (JCOC) to monitor and oversee the implementation of
the provisions of this Act. The JCOC shall be composed of five (5) members each from the
Senate and from the House of Representatives, respectively, including a member of the
minority from each chamber, to be chaired jointly by the chairpersons of the Committees on
Basic Education of both the Senate and the House of Representatives. The four (4) other
members from each chamber, which include those coming from the minority, shall be
designated, respectively, by the President of the Senate and the Speaker of the House of
Representatives.

SEC. 12. Sunset Review. — Within five (5) years after the effectivity of this Act, or as the
need arises, the JCOC shall conduct a sunset review. For purposes of this Act, the term
“sunset review’ shall mean a systematic evaluation by the JCOC of the implementing
agencies’ performance and accomplishments, including the impact of this Act, for purposes
of determining remedial legislation.

SEC. 13. implementing Rules and Regulations. — Within ninety (90) days from the approval
of this Act, the Secretary of Education shall, in consultation with the DBM, CSC, DOH,
DSWD, PRC and other concerned stakeholders, formulate and issue the rules and
regulations implementing the provisions of this Act.

SEC. 14. Separability Clause. - \f any part or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in force and effect.

SEC. 15. Repealing Clause. - All laws, orders, and rules and regulations contrary to, or
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,