| HOUSE OF REPRESENTATIVES
RECEIVED
30 JUN 2018

Republic of the Philippines DATE 56

HOUSE OF REPRESENTATIVES Te:
Quezon City, Metro Manila BY: a
SEVENTEENTH CONGRESS REGISTRATION UNIT
First Regular Session BILLS AND INDEX SERVICE }

HOUSE BILL NO. 349

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO

EXPLANATORY NOTE

Article II, Section 15 of the Philippine Constitution states that “the
State shall protect and promote the right to health of the people and instill
health consciousness among them.” Furthermore, Article III, Section 1
states that no person shall be denied the equal protection of the laws. These
constitutional provisions protect the right of every Filipino to a healthy and
well-balanced life and mandate the State to deliver such. It does not limit to
the State’s responsibility to the physical health but also includes mental
welfare. The World Health Organization, in its Constitution, defines health
as “a state of complete physical, mental and social well-being and not merely
the absence of disease or infirmity.” Thus, mental health is indispensable in
achieving complete wellness of Filipinos.

In recent years, mental health has not been given the attention it
needs. The state lacks resources to effectively provide for and sufficiently
address the growing number of mental health disorders. Research indicates
that 75% to 85% of people, from in low and middle-income countries
suffering from mental disorders do not receive treatment for at least a year.

There have been several studies in the Philippines, which show the
need for more intensive mental healthcare delivery system. The Global
School Based Health Survey of the World Health Organization, in 2011,
stated that 16% of students between 13-15 years old have considered
attempting suicide while 13% have actually attempted suicide one or more
times. A study conducted by the Department of Health, in 2006, among
government employees in Metro Manila revealed that 32% out of 327
respondents have experienced a mental health problem in their lifetime. The
incidence of suicide in males increased from 0.23 to 3.59 per 100,000
between 1984 and 2005 while rates rose from 0.12 to 1.09 per 100,000 in
females (Redaniela, Dalida and Gunnel 2011). A DOH-SWS Survey
conducted in 2004 showed that almost one per 100 households (0.7%) has a
member with mental disability. According to 2003 DOH report, intentional
self-harm is the ninth leading cause of death among 20-24 years old.



In addition to the lack of proper care, mental health patients are also
prone to abuses in the health care system. The UN Special Rapporteur on
Torture reports on the prevalence of practices which can be considered
“cruel and inhuman, degrading prevalence of practices which can be
considered “cruel and inhuman, degrading treatment” or even torture in
health care settings. It cites the people with mental health needs, including
those with long term sensory and intellectual impairments neglected or
detained in different ways under the care of psychiatric or social care
institutions and other residential centers, may be subject to all kinds of
abuses or violence.

As a reaction to this, the WHO and other institutions have pushed for
a “rights-based” mental health legislation. The WHO mentioned the following
in its 2003 Mental Health Legislation and Human Rights:

1. People with mental disorders constitute a vulnerable section of

society.

2. Mental health legislation is necessary for protecting the rights of

people with mental disorders.

3. Mental health legislation is concerned with more than care and

treatment. It provides a legal framework to address critical mental

health issues such as access to care, rehabilitation and aftercare, full

integration of people with mental disorders into the community, and

the promotion of mental health in different sectors of society.

4. There is no national mental health legislation in 25% of countries

with nearly 31% of the world’s population.

5. Mental health legislation is an integral part of mental health policy

and provides a legislative framework for achieving the goals of such

policy.

‘This proposed law aims to address the growing need for a national
mental health system which could deliver services to our people.
Furthermore, it hopes to provide available, accessible, affordable and
equitable quality mental health care services to Filipinos, specifically the
underprivileged and high risk population. Enactment of this proposed law
would help promote the mental health for the entire country.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

349
HOUSE BILL NO.

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO

AN ACT PROMOTING/ADVOCATING MENTAL HEALTH,
PROMULGATING A NATIONAL MENTAL HEALTH POLICY TOWARDS
THE ENHANCEMENT OF INTEGRATED MENTAL HEALTH SERVICES,
THE PROMOTION AND PROTECTION OF PERSONS UTILIZING MENTAL
HEALTH SERVICES AND THE ESTABLISHMENT OF A PHILIPPINE
MENTAL HEALTH COUNCIL

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 “Philippine Mental
Health Act of 2016”

SECTION 2. Declaration of Policy. It is hereby declared the policy of the
State to uphold the basic right of all Filipinos to mental health and to
respect the fundamental rights of people who require mental health
services. As recognized in the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights and the
ional Covenant on Civil and Political Rights, persons with mental
ies have the right to equality and non-discrimination, dignity and
respect, privacy and individual autonomy, information and participation.
The State, being a signatory to the Convention, recognizes that people with
mental disabilities by virtue of the nature and/or severity of their illness,
have specific vulnerabilities and therefore need special care that is
appropriate to their needs and is based on nationally and internationally-
accepted standards.

The State recognizes its obligations as a State-Party to the UN Convention
on the Rights of Persons with Disabilities under Article 4 of the present
Convention “to ensure and promote the full realization of all human rights
and fundamental freedom for all persons with disabilities without the
discrimination of any kind on the basis of disability.” Furthermore, the State
aligns itself with the UN General Assembly resolution 46/119 of December
17, 1991, on the Principles for the Protection of Persons with Mental Illness


and the Improvement of Mental Health Care that lays down the policies and
guidelines for the protection from harm of persons with mental disabilities
and the improvement of mental health care.

SECTION 3. Objectives. The following are the objectives of this Philippine
Mental Health Act:

(a) Ensure a community of Filipinos who are mentally healthy, able to
contribute to the development of the country and attain a better quality of
life through access to an integrated, well-planned, effectively organized and
efficiently delivered mental health care system that responds to their mental
health needs in equity with their physical health needs;

(b) Promote mental health, protection of the rights and freedoms of persons
with mental health needs and the reduction of the burden and
consequences of mental ill-health, mental and brain disorders and
disabilities; and

(c) Provide the direction for a coherent, rational, and unified response to the
nation’s mental health problems, concerns and efforts.

SECTION 4. Definition of Terms. For the purpose of this Act, the following
terms shall be defined as follows:

(a) Allied professionals refer to any formally educated and trained non-
mental health professionals such as (but not limited to) physicians, social
workers, nurses, occupational therapists, recreational therapists, priests,
ministers, pastors and nuns.

(b) Board certification refers to the process of qualifying medical specialists
through requirements and examinations set by the Board of the particular
medical specialty so appointed or elected for that specific purpose by the
registered members of the medical specialty association

(c) Carer refers to the person who may or may not be the patient’s next of
kin nor relative who maintains a close personal relationship with the patient
and manifests concern for his welfare.

(@) “Discrimination on the basis of disability” means any distinction,
exclusion or restriction on the basis of disability which has the purpose or
effect of impairing or nullifying the recognition, enjoyment or exercise, on an
equal basis with others, of all human rights and fundamental freedoms in
the political, economic, social, cultural, civil or any other field. It includes all
forms of discrimination, including denial of reasonable accommodation

() Legal representative refers to a substitute decision-maker charged by
law with the duty of representing a patient in any specified undertaking or
of exercising specified rights on the patient’s behalf. The legal representative


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may also be a person appointed in writing by the patient to act on his/her
behalf unless the patient lacks mental capacity, or otherwise fails to appoint
a legal representative in writing, in which case the legal representative shall
be take to be in the following order:

a) the spouse, if any, unless permanently separated from the patient
as rendered by a Court of competent jurisdiction, or has deserted or
has been deserted by the patient for any period which has not come to
an end; or

b) sons and daughters over the age of eighteen years;
c) either parent by mutual consent; and
d) a person appointed by a decree of a Court to represent the patient.

() Mental disability refers to impairments, activity limitations, and
individual and participatory restrictions denoting dysfunctional aspects of
interaction between an individual and his environment.

(g) Mental health refers to a state of well being in which every individual
realizes his or her own potential, can cope with the normal stresses of life,
can work productively and fruitfully, and is able to make a contribution to
his or her community.

(h) Mental health professionals refer to persons trained and Board certified
to practice psychiatry as well as licensed psychologists, guidance counselors
and psychometricians.

() Mental health workers refer to trained volunteers and advocates
engaged in mental health promotion and services under the supervision of
mental health professionals

() Mental illness refers to mental or psychiatric disorder characterized by
the existence of recognizable changes in the thoughts, feelings and general
behavior of an individual brought about by neurobiological and/or
psychosocial factors causing psychological, intellectual or social
dysfunction.

(k) Mental or psychological incapacity is the inability to:

a) Understand the information given concerning the nature of the
disorder;

b) Understand the consequences that his/her decisions and actions
have for his/her own life or health and for the life and health of others,
which may be serious and irreversible;


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c) Understand that treatment might mitigate or remedy the condition
and that lack of treatment might aggravate

d) Understand the information about the nature of treatment proposed,
including the means of treatment, its direct effects and its possible side
effects; and

e) Effectively communicate with others regarding his/her condition and
his/her consent to treatment or hospitalization

(m) Patient refers to a person receiving/utilizing mental health care and
treatment from a mental health care facility or clinic

(n) Psychiatric emergencies are conditions which may present a serious
threat to a person’s wellbeing and/or that of others requiring immediate
psychiatric interventions such as in cases of attempted suicide, acute
intoxication, severe depression, acute psychosis, or violent behavior

(0) Psychosocial problem refers to a condition that indicates the existence
of disturbances in the individual’s behavior; thoughts and feelings brought
about by sudden, extreme or prolonged stressors in the physical or social
environment.

SECTION 5. Rights of Persons with Mental Health Needs. - Without
prejudice to anything provided in this Act and unless prevented by law,
persons with mental health needs shall have the right to:

(a) Exercise all their inherent civil, political, economic, social, religious,
educational and cultural rights respecting individual qualities, abilities and
diverse backgrounds and without any discrimination on grounds of physical
disability, age, gender, sexual orientation, race, color, language, religion or
national or ethnic social origin of the patient concerned;

(b) Receive treatment of the same quality and standard as other individuals
in a safe and conducive environment.

() Receive treatment, which addresses holistically their needs through a
multidisciplinary care plan approach;

(d) Receive treatment in the least restrictive environment and in the least
restrictive manner;

(e) Protection from torture, cruel, inhuman and degrading treatment;

() Receive aftercare and rehabilitation when possible in the community so
as to facilitate their social inclusion;


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(g) Be adequately informed about the disorder and the multidisciplinary
services available to cater to their needs and the treatment options
available;

(h) Actively participate in the formulation of the multidisciplinary treatment
plan;

(i) Give free and informed consent before any treatment or care is provided
and such consent shall be recorded in the patient’s clinical record. This is
without prejudice to the patient’s right to withdraw consent;

(i) Have a responsible legal representative and carer of their choice whenever
possible;

(k) Confidentiality of all information about themselves, illness and treatment
in whatever form stored, which information shall not be revealed to third
parties without their consent unless:

1) There is a life-threatening emergency when information is urgently
required to save lives;

2) It is in the interest of public safety;
3) Ordered by court to do so; and

4) Whosoever is requesting such information is entitled by law to
receive it.

() Access to their clinical records unless, in the opinion of his/her attending
mental health professional, revealing such information may cause harm to
the person’s health or put at risk the safety of others. When any information
is withheld, the patient or legal representative may contest such decision
with the appropriate hospital/mental health facility body authorized to
investigate and resolve disputes or to the Commission on Human Rights;

(m) Be informed within twenty-four hours of admission to a facility of their
rights in a form and language which the patient understands, which
information shall include an explanation of those rights and how to exercise
them, unless they are mentally incapacitated, in which case the legal
representative and the carer are entitled to such information;

(n) The mental health patient/ legal representative shall be entitled to a
competent counsel of his own choice. In case, he cannot afford one, the
Public Attorney’s Office or any legal aid institution of his/her choice will
assist him/her.

(0) The mental health patient and his/her legal representative and carer
shall be entitled to effective participation in the development of legislation


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(p) The mental health patient shall not be put in a solitary confinement.

ARTICLE I
Duties and Responsibilities of Government Agencies

SECTION 6. Duties and Responsibilities of the Department of Health
(DOH) -

1. It shall ensure conditions for a safe, therapeutic and hygienic
environment with sufficient privacy in mental health facilities and shall be
responsible for the licensing, monitoring and assessment of all mental
health facilities.

2. It shall ensure that all public and private mental health institutions are
protecting the rights of patients against cruel, inhuman and degrading
treatment and/or torture.

3. It shall prohibit forced or inadequately remunerated labor within mental
health institutions. This does not include the activities justified as part of an
accepted therapeutic treatment.

4. DOH through the Philippine Mental Health Council as the primary duty-
bearer shall develop the alternatives to institutionalization, in particular
community-based treatment with a view of receiving persons discharged
from hospitals. Such alternatives should meet the needs expressed by
persons with mental disorders and respect the autonomy, choices, dignity
and privacy of the person concerned.

SECTION 7. Duties and Responsibilities of the Commission on Human
Rights (CHR)

1. CHR is authorized to inspect both public and private mental health
facilities upon complaints that patients therein are treated in a manner less
than humane or are victims of torture and other cruel, inhuman and
degrading treatment.

2. CHR and other monitoring bodies are authorized to conduct inspection of
all places where psychiatric patients are held for involuntary treatment or
otherwise, to ensure full compliance with domestic and international
standards governing the legal basis for treatment and detention, quality of
medical care, and living standards.

3. It shall appoint a Focal Commissioner on Mental Health under the CHR
under such terms as deemed appropriate with the following functions and
duties:


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(1) Promote and safeguard the rights of persons utilizing mental

health services and their carers;

(2) Review any policies and make such recommendations to any
competent authority to safeguard or to enhance the rights if such
persons and to facilitate their social inclusion and well-being;

(3) Investigate any complaint alleging breach of patient’s rights and
take any subsequent action or make recommendations which may be
required to protect the welfare of that person;

(4) Investigate any complaint about any aspect of care and treatment
provided by a facility or a health care professional and take any
decisions or make any recommendations that are required;

(5) Conduct regular inspections, at least annually, of all facilities to
ascertain that the rights of patients and all the provisions of this Act
are being upheld. During such visit, the Focal Commissioner shall
have unrestricted access to all parts of the facility and the right to
interview in private any consenting patients;

(6) Report any case amounting to a breach of human rights within ta
facility to the Department of Health and any other appropriate
competent authority recommending the rectification of such a breach
and take any proportional action he deems appropriate;

(7) Report to the Department of Health and to any other appropriate
competent authority any healthcare professional for breach of human
rights or for contravening any provision of this Act and this without
prejudice to any other proportional action that he may deem
necessary to take;

(8) Present to the Commission on Human Rights an annual report of
activities;

(9) Any other functions which the Commission on Human Rights may
prescribe by regulations under this Act;

4. In the performance of his/her functions, the Focal Point Commissioner
on Mental Health shall be assisted by and shall consult with: (1) healthcare
professionals; (2) service users and carers; and (3) other relevant
stakeholders.

SECTION 8. DOH, CHR and/or the Department of Justice (DOJ) shall
receive all complaints of improprieties and abuses in mental health care and
shall initiate appropriate investigation and action against those who
authorized the confinement and committed the improprieties and abuses;


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SECTION 9. Duties and Responsibilities of national and local
hospitals — National and Local hospitals:

(a) Shall ensure that guidelines and protocols for minimizing restrictive care
are established.

(b) Are compelled to inform patients of their rights. Every patient, whether in
voluntary or involuntary treatment, should be fully informed about the
treatment to be prescribed and the reason for recommending it and given
the opportunity to refuse the treatment or any other medical intervention.
Informed consent must be sought from all psychiatric patients at all times
except in instances of mental or psychological incapacity as defined in
Section 3.

(c) Must ensure that any involuntary medical treatment and restraint,
physical or chemical, for those with mental disorder can only be used to the
extent strictly necessary under the following conditions:

(1) In psychiatric emergencies;

(2) That the treatment without consent and restraint is at the order od
an attending physician whose orders must be reviewed by a Board
certified psychiatrist as soon as possible or within one month;

(3) That the decision to subject the patient to involuntary treatment is
resorted to only when all other means of control have been attempted
and failed;

(4) That the head of the institution, medical or mental health facility
will oversee such a decision strictly following the approved guidelines,
which include criteria for regulating the application and termination
of such interventions;

(5) Used only for the shortest possible period of time as assessed by a
Board certified psychiatrist or attending physician under the
supervision by a Board certified psychiatrist; and

(6) Recorded and subject to regular external independent monitoring.
(d) Must certify that the patient who has been subject to any intervention
without consent has been debriefed as soon as the mental condition
meaningfully permits it and he/or she and the legal guardian or substitute
decision-maker must have access to medical records.

(c) Must keep a register on involuntary treatment and procedures

() Must ensure that the decision for the need for a legal representative or
substitute decision maker shall be made only for reasons of mental


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incapacity and shall be made following established judicial procedures
which should ensure that the rights, will and preferences of the patients are
respected as far as possible, it should be;

(1) Tailored to the patient’s circumstances, i.e. be proportional to the
degree to which such measures affects the patient’s rights and
interests; it shall only apply in the field where the patient’s judgement
is failing and where decision making is necessary;

(2) Applied for the shortest time possible;

(3) Free of conflicts of interest and undue influence from family
members, the institution where the person is treated or others;

(4) Subject to regular review by a competent, independent and
impartial authority or judicial body;

(5) Overseen by an independent monitoring body; and
(6) Subject to appeal by the person or a trusted next of kin.

(g) Must ensure that families or other primary carers are entitled to
information about the person with a mental disorder unless the patient
refuses the divulging of such information.

(h) Must involve family members or other primary carers in the formulation
and implementation of the patient’s individualized treatment plan.

() Must make transparent and accessible to the person affected and his/her
family the decision to apply involuntary treatment, as this is an essential
factor for building and maintaining mutual confidence.

() Must mandate the creation of an appropriate body, which will ensure
compliance with the requirements and procedures provided by this act.

(k) Must provide the patient under treatment and hospitalization without
consent access to an independent mechanism of complaint and
compensation for any inappropriate treatment provided. Complaint
mechanisms must:

(1) Be designed in a manner that is sensitive to the particular needs of
the patient;

(2) Provide the individual with the necessary assistance to lodge a
complaint, and the complaint mechanism must be empowered to
inquire effectively and independently into the circumstances leading
to the complaint;


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(3) Be mandated to initiate disciplinary sanctions or pass the case to
the prosecuting authorities with a view to initiating a criminal
investigation against a person or persons found guilty of misconduct;
and

(4) Ensure that complaints are dealt with in a speedy manner.

ARTICLE II
Mental Health Service in the Local Government Units

SECTION 10. Mental Health Service in the Community - Mental health
service shall, within the general health care system in the community,
include the following:

a. Development and integration of mental health care at the primary
health care in the community;

1. Mental health should be integrated into the primary care
system with the availability of basic mental health services
down to the barangay health level.

2. Training for community resilience and psychological well-
being in all barangays and availability of Mental Health and
Psychosocial Support Services (MHPSS) workers for disasters
and post-disasters.

b. Continuation of programs for capacity building among existing local
mental health workers so that they can undertake mental health care
in the community and undertake training and capacity building
programs in close coordination with mental or psychiatric hospitals or
departments of psychiatry in general or university hospitals;

c. Continuous support services and intervention for families and co-
workers;

d. Advocacy and promotion of mental health awareness among the
general population;

SECTION 11. Psychiatric Service in Regional and Provincial Hospitals
- Psychiatric service shall be established in every regional and provincial
hospitals which shall provide the following:

1. Short-term in-patient hospital care for those with acute psychiatric
symptoms in a small psychiatric ward;


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2. Partial hospital care for those with psychiatric symptoms or
undergoing difficult personal and family circumstances;

3. Out-patient clinic in close collaboration with the mental health
programs at the primary health centers in the area;

4. Linkage and possible supervision of home care services for those
with special needs as a consequence of long-term hospitalization,
unavailable families, inadequate or non-compliance to treatment;

5. Coordination with drug rehabilitation, centers on the care,
treatment and rehabilitation of persons suffering from drug or alcohol
induced mental, emotional and behavioral disorder; and

6. Referral system with other health and social welfare programs, both
government and non-government, for programs, in the prevention of
mental illness, the management of those at risk for mental health and
psychosocial problems and mental illness or disability.

SECTION 12. Capacity Building, Reorientation and Training ~ Mental
health professionals or workers whose previous education and training had
not emphasized the community and public health perspective of mental
health shall undergo capacity building, reorientation and training, in close
coordination with the departments of psychiatry in general hospitals,
university hospitals or mental facilities.

Capacity building, reorientation and training shall, in close coordination
with the departments of psychiatry in general hospitals, university hospitals
or mental facilities, be for those who are mental health professionals or
workers whose previous education and training had not emphasized the
community and public health perspective of mental health.

SECTION 13. Integration of Mental Health/Psychiatry in the Curricula
- Mental health/psychiatry shall be required subject in all medical and
allied health courses, including postgraduate courses in health.

SECTION 14. Research and Development - Research and development
shall be undertaken, in collaboration with academic institutions, mental
health associations and non-government organizations, to develop
appropriate and culturally relevant mental health services in the
community.

ARTICLE II
The Philippine Mental Health Council

SECTION 15. Establishment - The Philippine Council for Mental Health,
herein referred to as the Council, is hereby established as an attached
agency under the DOH, to provide for a coherent, rational and unified


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response to mental health problems, concerns and efforts through the
formulation and implementation of the National Mental Health Care Delivery
System.

For purposes of this Act, the National Mental Health Care Delivery System
shall constitute a quality mental health care program, through the
development of efficient and effective structures, systems and mechanisms,
that will ensure equitable, accessible, affordable, appropriate, efficient and
effective delivery of mental health care to all its stakeholders by qualified,
competent, compassionate and ethical mental health professionals and
mental health workers.

SECTION 16. Duties and Functions. - The Council shall exercise the
following duties:

(a) Review and formulate policies and guidelines on mental health issues
and concerns;

(b) Develop a comprehensive and integrated national plan and program on
mental health;

(c) Conduct regular monitoring and evaluation in support of policy formation
and planning on mental health;

(d) Promote and facilitate collaboration among sectors and disciplines for the
development and implementation of mental health related programs within
these sectors;

() Provide over-all technical supervision and ensure compliance with
policies, programs and projects within the comprehensive framework of the
National Mental Health Care Delivery System and other such activities
related to the implementation of this Act, through the review of mental
health services and the adoption of legal and other remedies provided by
law;

() Plan and implement the necessary and urgent capacity building,
reorientation and training programs for all mental health professionals,
mental health workers and allied professionals as articulated in this Act;

(g) Review all existing laws related to mental health and recommend
legislation which will sustain and strengthen programs, services and other
mental health initiatives;

(h) Conduct or facilitate the implementation of studies and researches on
mental health, with special emphasis on studies that would serve as basis
for developing appropriate and culturally relevant mental health services in
the community;


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(i) Create inter-agency committees, project task forces, and other groups
necessary to implement the policy, and program framework of this Act;

() Perform other duties and functions necessary to carry out the purposes of
this Act; and

(k) Collaborate with the following agencies specifically:

(1) The Department of Science and Technology (DOST) and attached
agencies like the Philippine Institute of Traditional and Alternative Health
Care (PITAHC) and the Philippine Council for Health Research and
Development (PCHRD) to advance research on basic and clinical studies into
mental illness and complementary and alternative treatment.

(2) The Department of Education (DepEd) and the Commission on Higher
Education (CHED) to develop school based mental health promotion,
screening and referral systems.

(3) The Philippine Health Insurance Corporation (PhilHealth) to make sure
that availability of insurance packages is in place with parity to physical
disorders with similar impact to the patient as measured by Disability
Adjusted Life Years or similar instrumentation.

(4) The Technical Education and Skills Development Authority (TESDA), the
Department of Social Welfare and Development (DSWD), the Department of
Agriculture (DA), the Department of Trade and Industry (DT!), the
Department of Environment and Natural Resources (DENR), the Department
of Interior and Local Government (DILG) and other agencies to develop
vocational opportunities via innovative systems like Care Farms,
Psychological Rehabilitation and similar modalities with program design and
planning in conjunction with psychiatrists and other mental health
specialists.

(5) The Department of Labor and Employment (DOLE) to promote diversity
and equal protection in the workplace mandating companies to develop
programs to enhance mental wellness of all employees and to ensure work
accommodations of mentally ill.

(6) The National Economic and Development Authority (NEDA) to envision
programs to promote the mental wealth of our nation, including inclusive
growth for the mentally ill.

(7) The National Center for Health Promotion to lead in the formulation of
the standard and development of mental health information, education and
communication and advocacy strategies to ensure the promotion of a totally
healthy and less stressful lifestyle for the Filipinos.



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(8) The National Epidemiological Center to develop and update the
epidemiology of mental diseases and services available in the country in the
form of a census or a similar instrument. Research into epidemiology, risk
factors, treatment and management of mental disorders should be given a
priority. It shall ensure the development or enhancement of national
reporting and surveillance systems and methodologies and the generation,
availability, accessibility, sharing, exchange, and distribution of information
and knowledge on mental health and the neurological cases.

(9) The Philippine Statistical Authority to formulate and integrate mental
health protective risk factors and other such data that may help in the
formulation of policies towards mental wellness and prevention of mental
illness.

(10) The Commission on Human Rights on matters pertaining to human
rights issues, particularly, the protections of persons utilizing mental health
services and the prevention of cruel, inhuman and degrading treatment in
mental health care facilities.

SECTION. 17. Composition. - The Council shall be composed of the
following:

(1) The Secretary of Health, as ex officio chairman;

(2) The Executive Director, as vice chairman and Chief Executive
Officer;

(3) Two (2) representatives from the government sector;

(4) Two (2) representatives from the private health sector or consumer
groups;

(5) One (1) representative from the academe/research;

(6) Two (2) representatives from the professional organization; and

(7) Two (2) representatives from the allied nongovernment
organizations involved in mental health issues, as members.

‘The President from among the nominees of their respective organizations
shall appoint the members of the Council.

SECTION. 18. Term of Office. - The members of the Council shall serve for
three (3) years. In case a vacancy occurs in the Council, any person chosen
to fill the vacancy shall serve only for the unexpired term of the member
whom he/she succeeds.

SECTION. 19. Per Diem. ~ The members of the Council shall receive
reasonable per diems and transportation allowance subject to existing rules
and regulations of the Department of Budget and Management (DBM).

SECTION. 20. Quorum. - The presence of a majority of the members of the
Council shall constitute a quorum.


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SECTION. 21. Meetings - The Council shall meet at least once a month or
as frequently as necessary to discharge its duties and functions. The
Council shall be convoked by the Chairman or upon written request of at
least three (3) of its members.

SECTION. 22. Executive Directors ~ (a) The Council shall appoint an
Executive Director who shall serve for a term of three (3) years. The
Executive Director shall be eligible for one (1) reappointment and shall not
be removed from office except in accordance with existing laws.

(b) the Executive Director shall have the following duties and functions:

(1) Act as chief executive officer of the Council and assume full responsibility
in implementing its purposes and objectives;

(2) Maintain a close and functional relationship with the Department of
Health and other government and private entities concerning mental health
care;

(3) Formulate, develop, and implement, subject to the approval of the
Council, measures that will effectively carry out the policies laid down by the
Council;

(4) Execute and administer approved policies, programs and measures, and
allocate appropriate resources for their implementation;

(5) Recommend to the Secretary of Health the appointment of personnel of
the Council including supervisory, technical, clerical and other personnel in
accordance with the staffing patterns and organizational structure approved
by the Council; and

(6) Represent the Council in all of its official transactions or dealings and
authorize legal contracts, annual reports, financial statements, and other
documents.

SECTION. 23. Salary. - The Executive Director shall receive a salary to be
fixed by the Council in accordance with the Salary Standardization Law.

SECTION. 24. Appointment of Members. - Within thirty (30) days from the
date of this Act, the President of the Philippines shall appoint the members
of the Council.

SECTION. 25. Advisory Board. ~ The Philippine Mental Health Council
shall create an advisory board consisting of mental health care users, carers
and professionals, representatives of the DOH as well as visiting bodies
under national and international obligations of the State.


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ARTICLE IV
Miscellaneous Provisions

SECTION. 26. Implementing Rules and Regulations (IRR). - Within
ninety (90) days from the effectivity of this Act, the Secretary of Health shall,
in coordination with the Council, formulate the implementing rules and
regulations necessary for the effective implementation of this Act.

SECTION. 27. Appropriations. - The initial amount of P 170 million (P
170,000,000) is hereby appropriated for the initial implementation of this
Act. Thereafter, any amount as may be necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act.

SECTION. 28. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the remainder of the Act or the provision not
otherwise affected shall remain valid and subsisting.

SECTION. 29. Repealing Clause. - Executive Order 470, s. 1998 is hereby
repealed. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION. 30. Effectivity. - This Act shall take effect fifteen (15) days upon
its publication in at least two (2) national newspapers of general circulation.

Approved,