Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

Second Regular Session

HOUSE BILL no.°376

Introduced by Deputy Speaker CONRADO M. ESTRELLA II

AN ACT TO ALLOW PRIVATE FIRMS TO PROCURE AND IMPORT, TAX
FREE, COVID 19 TESTING PARAPHERNALIA AND VACCINES FOR THE
CONDUCT OF COVID 19 TESTING AND VACCINATION PROGRAMS FOR

THEIR EMPLOYEES AND FOR OTHER PURPOSES

Explanatory Note

Mass testing and vaccination are strategically important in ensuring the
success of initiatives to contain the spread and minimize the dangers to human
life and public safety of Covid 19, and to enable the government, in partnership
with the private sector, to jumpstart the economy and ensure economic recovery
and growth despite the continuing challenges to national development of the
Covid 19 pandemic.

The strain on public resources of the cost of procuring sufficient amounts
of testing paraphernalia and ancillary supplies, and vaccines is tremendous.
This limits the capability of government to procure the desired sufficient number
of paraphernalia and vaccines, and to adequately meet the needs of citizens
especially the poor.

Thus, the private sector must be encouraged to help ease the burden on
government resources of the Covid 19 pandemic. The private sector must be
enabled to engage directly and more actively in the conduct of mass testing and
vaccination by allowing them to procure the requisite paraphernalia, supplies,
and vaccines to conduct their own Covid 19 testing and vaccination programs
for the benefit of their own employees.

In so doing, the strain on public resources would be minimized and
government would be able to prioritize the use of its scarce resources to benefit


the greater number of our frontliners and of our countrymen who can ill-afford
the cost of testing and vaccinations.

By allowing the private sector to procure and import, tax free, for a limited
period, testing paraphernalia and vaccines for their own employees, they
assume, as they should, the primary responsibility for ensuring the safety of
their employees in their workplaces. Safe workplaces boost workers morale to
resume normal economic activity. With more workers back to work, the collective
push to jumpstart the economy towards recovery and growth despite the
pandemic is strengthened.

‘The conduct of testing and vaccination programs of the private sector will
still be subject to the oversight of relevant government agencies such as the DOH.
Vaccines will also be procured from medical firms whose products have
undergone the required clinical trials and are certified safe for use by the DOH.

The privilege of importing testing paraphernalia and vaccines is limited to
a period of three years from the time this bill is approved as a law.

In the service of the public interest and in pursuit of shared aspirations
for economic recovery, approval of this bill is imperative.

V

Ol L.
jeputy Speaker

i


Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

8376
HOUSE BILL NO.

Introduced by DEPUTY SPEAKER CONRADO M. ESTRELLA III

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

AN ACT TO ALLOW PRIVATE FIRMS TO PROCURE AND IMPORT, TAX
FREE, COVID 19 TESTING PARAPHERNALIA AND VACCINES FOR THE
CONDUCT OF COVID 19 TESTING AND VACCINATION PROGRAMS FOR

THEIR EMPLOYEES AND FOR OTHER PURPOSES

Section 1. Declaration of Policy. - The protection of life, liberty and
property, and the promotion of the general welfare is essential to the enjoyment
by all the people of the blessings of democracy. The state shall protect and
promote the right to health of the people and shall make available essential
goods, health and other social services to them at affordable cost. In promoting
the general welfare, the State recognizes the indispensable role and encourages
the participation of the private sector.

Section 2. Definition of Terms. - the terms herein enumerated shall be
understood as follows:

a. Covid 19 testing paraphernalia refer to the implements and supplies
used to conduct prescribed tests to determine whether or not an
individual is infected with or has contracted the Covid 19 virus.

b. Covid 19 Vaccines refer to vaccines that have undergone all requisite
clinical tests and are identified and certified as safe for human use by
the World Health Organization and the Department of Health or any
of its duly authorized agencies.

c. Private firms refer to corporations, partnerships and other juridical
entities in the private sector lawfully authorized to engage in trade,
business, commerce and other income generating enterprises


including the provision of various services to the public and
employing at least fifty (50) persons.

Section 3. Authority to Procure and Import. - Private firms, singly or in
partnership with others, shall be allowed, for a period of three (3) years after
the effectivity of this Act, to procure and import, tax free, Covid 19 testing
paraphernalia and vaccines for the sole purpose of conducting testing and
vaccination programs for the employees of their respective firms, subject to
conditions provided in this Act.

Allowing the use, without justifiable cause, of testing paraphernalia and
vaccines procured and imported under this Act by persons other than their
employees and officials shall be a ground for the revocation of the permit to
procure and import issued to any private firm. In addition to the revocation of
the permit to procure and operate, a firm shall also be required to pay all the
taxes due on all the importations it has undertaken under this Act.

Section 4. Permit to Procure and Import. - Private firms intending to
procure and import Covid 19 testing paraphernalia and vaccines shall first
secure a permit from the Office of the President. The application for a permit
shall include required documentary proof of lawful juridical existence, business
or trade engaged in, number of employees to undergo testing and vaccination,
and the implementation or operational schedule of their testing and
vaccination programs.

‘The permit will be effective for a period of three (3) years from the time it
is issued, but may be revoked anytime for violations of its terms including the
failure to comply with mandatory reportorial requirements on, among others,
the status of the implementation of their testing and vaccination programs.

Section 5. Administering Body. — The Office of the President (OP) shall
oversee and manage the implementation of this Act. The Executive Secretary,
will serve as Chairman, and the Secretaries of the Department of Finance
(DOF), Health (DOH), and Trade and Industry (DTI) or their duly authorized
representatives shall serve as members of the management committee for the
implementation of this Act.

Section 6. Oversight. - The OP, DOH, DOF, DTI shall have oversight
powers in the implementation of this Act. Oversight includes the conduct of
visitations and inquiries on the status of compliance with provisions of this Act
of concerned firms, and the status of their testing and vaccination programs,
including verification of identities and number of beneficiaries, among others.


Section 7. Implementing Rules and Regulations. - The Executive
Secretary, and the Secretaries of the DOF, DOH and DTI shall formulate and
issue the implementing rules and regulations of this Act within thirty (30) days
fromits enactment into law.

Section 8. Repealing Clause. - All laws, decrees, rules and regulations or
provisions thereof that are contrary to any provision of this Act shall be deemed
repealed, altered, modified or their effectivity suspended accordingly.

Section 9. Effectivity, - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in any newspaper of general
circulation.

Approved,