Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS

First Regular Session

House Bill No.___ 359

Introduced by Representative Mar

EXPLANATORY NOTE

This Bill seeks to establish a specialized institution to be called Philippine
Centers for Disease Control and Prevention (CDC). The onset of the coronavirus
disease (COVID) - 19 pandemic actually put to test the capability and preparedness
of the Department of Health (DOH) to respond to a public health emergency of this
magnitude. The COVID-19 pandemic highlighted some institutional weaknesses
(eg. disease surveillance, contact tracing capabilities, etc.) which need to be
strengthened.

At present, the responsibility for disease prevention and control is lodged with
the Disease Prevention and Control Bureau (DPCB) of the DOH. While the DOH
undoubtedly employed everything within its means to control the spread of the virus,
the need to establish a separate institution attached to the DOH, especially handling
surveillance in support of disease prevention and control and complemented with
exemplary expertise, state-of-the-art facilities and laboratories and appropriate
resources --- is clearly the way forward in building the capacity and level of readiness
of the government to respond to any public health emergency that could be
chemical, biological, radioactive or nuclear in nature.

In response to the aforementioned problems, this bill aims to foster
institutional capacity and optimize public health emergency preparedness. The CDC
shall be primarily responsible for conducting routine disease surveillance,

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investigating outbreaks and epidemics and measuring the effectiveness of control
and preventive health measures, monitoring infectious and non-infectious agents,
as well as continuously updating pandemic preparedness planning and readiness
with capacity to deploy personnel and allocate resources within the healthcare
‘system in the event of a public health emergency. It shall also be responsible in
developing, testing and applying effective disease prevention and control, and
enhancing health promotion and education.

Support for this bill is earnestly requested from my colleagues.



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Republic of the Philippines
House of Representatives
Quezon City
NINETEENTH CONGRESS
First Regular Session

35

House Bill No.

AN ACT
PROVIDING FOR THE MODERNIZATION OF THE PUBLIC HEALTH
EMERGENCY PREPAREDNESS AND RESPONSE CAPABILITIES,
ESTABLISHING FOR THIS PURPOSE THE CENTER FOR DISEASE
PREVENTION AND CONTROL, AND APPROPRIATING FUNDS THEREFOR

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 the "Philippine Center
for Disease Prevention and Control (CDC) Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among
them. The State also mandates the adoption of an integrated and comprehensive
approach to health development

Towards this end, the State shall give high priority to the allocation of material
and institutional resources to protect public health by ensuring that the Philippine
health system is well-prepared to forecast, prevent, monitor, and control diseases,
injuries, and disabilities both of national and international concern.


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

(a) Communicable disease, also known as contagious disease, refers to an
illness resulting from an infection, or a disease, which can be transmitted from
an infected host individual or group to a particular individual or group. It
spreads through direct, bodily contact with an infected person, their
discharges, or an object or surface they have contaminated;

(b) Disease refers to an illness due to a specific toxic substance, occupational
exposure or infectious agent, which affects a susceptible individual, either
directly or indirectly, from an infected animal or person, or indirectly through
an intermediate host, vector, or the environment;

(c) Disease surveillance refers to a systematic collection, analysis,
interpretation, and dissemination of outcome and specific data for use in the
planning, implementation, and evaluation of public health practice. A disease
surveillance system includes the functional capacity for data analysis as well
as the timely dissemination of these data to persons who can undertake
effective disease prevention and control activities,

(d) Epidemic or outbreak refers to an occurrence of more cases of disease than
normally expected within a specific place or group of people over a given
period of time:

(e) Infectious disease refers to a clinically manifested disease of humans or
animals resulting from an infection which can be communicable or non-
communicable;

(f) Public health emergency refers to an occurrence or imminent threat of an
illness or health condition that:

(1) Is caused by any of the following:
(i) Bio terrorism;

(ii) Appearance of a novel or previously controlled or eradicated
infectious agent or biological toxin;

(iii) A natural disaster;


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(iv) A chemical attack or accidental release;

(v) A nuclear attack or accident; or

(vi) An attack or accidental release of radioactive materials; and,
(2) Poses a high probability of any of the following:

(i) Alarge number of deaths in the affected population;

(ii) Alarge number of serious injuries or long-term disabilities in the
affected population;

(iii) | Widespread exposure to an infectious or toxic agent that poses
a significant risk of substantial harm to a large number of people
in the affected population;

(iv) International exposure to an infectious or toxic agent that poses
a significant risk to the health of citizens of other countries; or

(v) Trade and travel restrictions;

(g) Quarantine refers to the physical separation and confinement of an individual
or groups of individuals, who are or may have been exposed to a contagious
or possibly contagious disease and who do not show signs or symptoms of a
contagious disease, from non-quarantined individuals, to prevent or limit the
transmission of the disease.

SEC. 4. Creation of the Philippine Center for Disease Prevention and
Control. - The Philippine Center for Disease Prevention and Control (CDC) is
hereby created as an attached agency to the Department of Health (DOH) for policy
and program coordination.

SEC. 5. Powers, Functions, and Duties. — The CDC shall be the technical
authority on all matters regarding disease prevention and control. To carry out the
provisions of this Act, the CDC shall have the following powers, functions, and
duties:

(a) Policy and Standards Development:


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(1) Provide technical guidance to the development of policies, programs,
standards, guidelines, and monitoring and evaluation systems on the
forecasting, prevention, monitoring, and control of diseases, injuries, and
disabilities both of national and international concern;

(2) Set the standards and the process for the establishment of Epidemiology
and Surveillance Units or its corresponding surveillance reporting units,
pursuant to law;

(3) Provide quality assurance programs to ensure the quality of testing for
laboratories;

(4) Conduct researches for development in support of the CDC mandate to
forecast, prevent, monitor, and control diseases, injuries, and disabilities
both of national and international concern;

(5) Recommend to the President, through the DOH Secretary, the declaration
of a state of public health emergency, in case of an epidemic of national
or international concern; and,

(6) Set the parameters for the declaration of the existence as well as the end
of an epidemic.

(b) Capacity Building and Technical Assistance:

(1) Develop, implement, and maintain training programs on specialized
fields such as field epidemiology, health emergency of biological
concern, laboratory services, infectious and tropical diseases, and
non-communicable diseases;

(2) Assess and support the capabilities of health facilities and local
government units (LGUs) on forecasting, preventing, monitoring, and
controlling diseases, injuries, and disabilities both of national and
international concern; and,

(3) Provide technical assistance and expert services to DOH offices, and
collaborating and implementing agencies or offices on matters
pertaining to forecasting, preventing, monitoring, and controlling
diseases, injuries, and disabilities both of national and international

concern.
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(©) Sectoral and Local Engagements:

(1) Promote coordination and collaboration with partner agencies and
organizations on matters pertaining to CDC mandate;

(2) Coordinate, collaborate, and disseminate relevant scientific and
technical information in a timely manner with partner agencies and
international and local organizations on matters pertaining to CDC
mandate; and,

(3) Disseminate relevant scientific and technical information in a timely
manner with partner agencies, and international and local
organizations on matters pertaining to CDC mandate.

(d) Surveillance:

(1) Develop, implement, and maintain an integrated surveillance system
of diseases, injuries, and disabilities;

(2) Provide technical guidance on the development, implementation and
maintenance, and monitoring of health system capacity such as
operational capacities of health facilities, and performance
management of the response systems, in terms of contact tracing,
quarantine, isolation, and other significant population-based health
services;

(3) Investigate and respond through surveillance and disease notification,
investigation, and conduct of field studies and research to outbreaks,
epidemics, and other public health threats as the need arises;

(4) Develop and maintain a network of public health laboratories in
support of epidemiology and surveillance activities;

(6) Facilitate the issuance of appropriate warnings to the regional CDC
and health facilities in anticipation of impending public health threats
and infectious disease outbreak;

(6) Utilize various information and communication technologies (ICT) in
management of data and dissemination of early warning and other
appropriate information to stakeholders and the public; and,


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(7) Develop communication methods for wider and more effective and
unified delivery of critical public health information with national or
international importance.

(e) Provide technical guidance on the procurement of vaccines, drugs, and
diagnostics;

(f) Provide technical guidance on the monitoring and evaluation framework for
disease prevention and control;

(g) Certify to the existence of an epidemic which shall be treated as a public
health emergency; and,

(h) Perform such other functions as may be mandated by law, or as may be duly
delegated by relevant authorities.

SEC. 6. Director General. - The CDC shall be headed by a Director General
with a rank of Undersecretary, who shall be assisted by two (2) Deputy Directors
General with a rank of Assistant Secretary. The Director General and the Deputy
Directors General shall be appointed by the President from a list of at least three (3)
nominees for each position to be submitted by the DOH Secretary. The Director
General and Deputy Directors General shall have at least ten (10) years of relevant
experience and proven expertise in the fields of public health and epidemiology.

The Director General shail have the following powers and functions:
(a) Manage and direct the activities and functions of the CDC;

(b) Advise the DOH Secretary on policy matters concerning the Center's
activities;

(c) Recommend to the President, through the DOH Secretary, the exercise of
special powers in case of an epidemic, including the declaration of a public
health emergency;

(d) Act as the national Intemational Health Regulations Focal Point, subject to
consultation with DOH; and,

(©) Perform other functions and powers that may be assigned by the DOH
Secretary.


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SEC. 7. Transfer of DOH Units and Functions. — The following DOH units
and their concerned divisions and functions are hereby transferred to the CDC:

(a) Epidemiology Bureau;
(b) Research Institute for Tropical Medicine;

(c) Sexually Transmitted Disease - Acquired Immune Deficiency Syndrome
Cooperative Central Laboratory;

(d) Select functions of the International Health Surveillance Division of the
Bureau of Quarantine as follows:

(1) Passive international health surveillance; and,

(2) Development of communication methods for wider and more effective
delivery of critical public health information with international importance;
and,

(e) Technical and standard setting functions of the Disease Prevention and
Control Bureau including that of the Mental Health Division, Cancer Division
and Oral Health Division.

All powers, functions, assets, capital, records, funds, receivables, equipment
and facilities of the transferred DOH units or its division or function enumerated
herein shall be transferred to the CDC. The Department of Heath shall conduct an
audit and inventory of assets, liabilities and human resources of the transferred
agencies to CDC without need of conveyance or transfer of assignments.

SEC. 8. Regional Centers for Disease Prevention and Control. - There
shall be established Regional Centers for Disease Prevention and Control (RCDCs)
in all regions of the country. Each Regional CDC shall be headed by a Regional
Director, who shall be under the supervision of the CDC Director General.

The functions of RCDCs include:
(a) Prevention, control, and surveillance of diseases,

(b) Provision of laboratory services for detection and identification of
infectious disease agents from human, environmental samples, and food;

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(c) Maintenance of an integrated data management system;

(d) Implementation of quality assurance programs for clinical and
environmental laboratories through training, consultation, certification
and proficiency testing;

(e) Policy development;

(f) Emergency response;

(9) Public health-related research;
(h) Training and education;

(i) Maintenance of infectious disease hospitals for referral and management
of cases;

(j)_ Establishment of strong communication networks; and,
(k) Other functions that may be assigned by the Director General.

The RCDCs shall be composed of specialists in the fields of infectious

diseases, public health, epidemiology and similar fields.

SEC. 9. Structure and Staffing Pattern. —

(a) The CDC shall initially have the following offices, each to be headed by
an officer with the salary and rank of Director IV:

(1) Center for Epidemic Intelligence and Disease Surveillance;
(2) Center for Research, Training, and Reference Laboratory;

(3) Center for Infectious Disease Emergency Preparedness and
Response;

(4) Center for Policy and Program Development;
() Communications Office; and

(6) Administrative and Finance Office.

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(b) The CDC Director General, subject to the issuance of an executive order
by the President and approval of the Department of Budget and
Management (DBM), may create or abolish units, offices, or centers as
needed to carry out all provisions of this Act.

(c) The CDC Director General, in consultation with the DOH and the DBM,
shall:

(1) Develop the organizational structure of the CDC at the national,
regional, and local levels;

(2) Determine the divisions and specific functions of each unit,
center, or office of the CDC; and

(3) Determine the staffing pattern, qualification standards,
compensation, and position classification plan for the CDC
subject to the approval of the Civil Service Commission (CSC)
and the DBM.

SEC. 10. Qualifications Standards for Appointment and Promotion. —
The DOH shall, in consultation with the CSC, and pertinent agencies as may be
necessary, develop the qualification standards in terms of education, training and
‘experience for all technical and non-technical positions in the CDC, and the system
for promotion and succession plan in the CDC.

SEC. 11. Continuing Competency Development Program. — The CDC
shall, through the Director General, devise and implement a continuing competency
development program whereby all core personnel shall be required to update and
enrich competencies through attendance in programs, studies, researches,
fellowships, workshops, seminars, including training opportunities in reputable
foreign CDCs. Compliance with the Continuing Competency Development Program
shall be the mandatory basis for promotion within the CDC. The CDC shall develop
mechanisms to tap funding opportunities to implement its Continuing Competency
Development Program.

SEC. 12. Modernization Program. — The Director General shall, in
consultation with the DOH and other concerned agencies of government and the
private sector, develop a modernization program that will strengthen the human
health resource of the CDC, which is the key component of the country’s disease

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prevention and control policy. The modernization program shall include the
acquisition and upgrading of appropriate technologies, laboratories, facilities,
equipment, other needed resources, and the needed relocation and acquisition of
additional land or location that would house the CDC.

Within one hundred eighty (180) days after the effectivity of this Act, the
Director General shail, upon the recommendation of the DOH and DBM Secretaries,
submit the modernization program for the consideration and approval of Congress
in a joint resolution of the House of Representatives and the Senate.

The modernization program shall be implemented over a period of five (5)
years.

Appropriations for the modernization program shall be provided in the annual
General Appropriations Act (GAA).

SEC. 13. Strengthened Epidemiology, Public Health Surveillance, and
Research Capacities. - To ensure that epidemiology and public health surveillance
services are efficient and responsive, and public health surveillance and research
capacities are strengthened and updated to international standards, the CDC shall:

(a) Prioritize investments in upgrading of ICT and adequate and
capacitated human resources for epidemiology, public health
surveillance, and public health and clinical research;

(b) Have a premier facility for clinical laboratory, epidemiologic and
implementation research, and training on infectious and tropical
diseases;

(c) Develop performance-based incentives to private health facilities with
established epidemiology and surveillance functions,

(d) Re-nationalize local epidemiology and surveillance units (LESUs) that
will solely provide epidemiology and disease surveillance services and
provide assistance to the LGUs in the establishment and maintenance
of surveillance systems, data management, and generation of
strategic epidemiologic information: Provided, That the DOH, CDC,
and DBM, shall develop the staffing pattem and qualification

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standards: Provided, further, That LESUs shall be under the direct
‘supervision and control of the Regional CDCs;

(e) Retain and provide incentives to technical experts, practitioners and
scientists, whereby the scientific career system is adopted, allowing
them to continue their respective clinical and professional practice to
pursue research studies and receive grants and honoraria, in
consultation with the CSC. Qualified employees of the CDC and its
attached units shall be covered by Republic Act No. 8439, otherwise
known as “Magna Carta for Scientists, Engineers, Researchers and
Other Science and Technology Personne! in Government,”

(f) Develop and implement training and research programs to develop
more experts and practitioners in the field of epidemiology, and
disease prevention and control; and,

(g) Develop a mechanism to ensure interoperability and accessibility of
surveillance systems.

SEC. 14. Strengthened Disease Surveillance and Response. — The CDC
shall establish integrated disease surveillance and response systems utilizing,
whenever necessary, all technological means available while ensuring that data
privacy and patient confidentiality are maintained. The CDC and authorized public
health authorities shall have complete access and right to collect personal
information and other data, as may be deemed necessary in fulfillment of their
mandate. All data or information and samples collected pursuant thereto shall be
used for public health concern purposes only and shall be exempted from the
provisions of R.A. No. 10173, otherwise known as the “Data Privacy Act of 2012” on
accessibility of data.

SEC. 15. National Reference Laboratories— The CDC shall establish a
new, state of the art facility that will serve as the National Reference Laboratory
(NRL), unifying all NRLs for biological, chemical, nuclear and radiologic
emergencies under one roof, within 5 years from the effectivity of this Act: Provided,
That the existing NRLs in the East Avenue Medical Center, Philippine Heart Center,
Lung Center of the Philippines, National Kidney Transplant Institute and San Lazaro
Hospital shall continue to be under the respective hospitals: Provided further, That

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these existing NRLs shall serve as referral laboratories of the CDC and be included
in the Modernization Program of the CDC.

The NRL shall provide technical recommendations, laboratory confirmatory
services, training, and external quality assurance, and perform surveillance,
outbreak response, kit evaluation, and research. It shall oversee the functions and
performance of the network of subnational laboratories (SNL).

SNLs shall be established in all regions, with the capability of conducting
confirmatory testing for routine surveillance samples and performing specialized
tests. SNLs, whose functions include testing for routine surveillance and specialized
tests, shall be under CDC administratively. Hospitals housing the SNLs shail create
a separate unit for their regular hospital laboratory needs.

The CDC, through the NRLs and SNLs, shall provide technical guidance and
quality assurance programs to biosafety levels 2, 3 and 4 laboratories in the country,
which shall be registered with, and regulated by the DOH.

SEC. 16. Authority to Solicit, Negotiate, and Receive Donations, Grants,
Gifts, Legacies, Endowments, and Contributions. - The CDC may solicit,
negotiate with, and receive from any public or private domestic or foreign sources
legacies, gifts, donations, grants, endowments, contributions or other transfers of
ownership and/or possession of real or personal properties of all kinds in favor and
for the benefit of the CDC, which shall all be part of the special account in the general
fund managed by the Bureau of Treasury

The Director General shall prescribe the measures necessary for the proper
use, maintenance safekeeping, and compliance with the terms and conditions, if
any, of said donations, grants, endowments, contributions or transfers in
accordance with pertinent accounting and auditing laws, rules and regulations.

SEC. 17. Tax Exemptions. - Donations, grants, gifts, endowments,
legacies, and contributions used actually, directly and exclusively for the purpose of
the CDC shall be exempt from donor's tax and the same shall be considered as
allowable deduction from gross income for purposes of computing the taxable
income of the donor, in accordance with Sec. 34 (H)(2)(a) of the National Internal
Revenue Code of 1997, as amended. Likewise, such other transfers of ownership


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and/or possession of real or personal properties of all kinds shall be exempt from all
taxes.

SEC. 18. Joint Congressional Oversight Committee - There shall be a
Joint Congressional Oversight Committee on Disease Prevention and Control,
jointly chaired by the Chairpersons of the Senate Committee on Health and
Demography, and the House of Representatives Committee on Health. It shall be
composed of five (5) members from the Senate and five (5) members from the
House of Representatives, to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively.

SEC. 19. Appropriations. - The initial amount needed for the implementation
of this Act shall be charged against the current year's appropriations of the offices
and the RITM herein absorbed by the CDC. Thereafter, the funding of which shall
be included in the annual GAA.

SEC. 20. Transitory Provisions. —

(a) Upon effectivity of this Act, the CDC shall develop a Framework for
Infectious Diseases and Pandemic Preparedness, and prioritize
the strengthening of the following functions:

(

(ii) Sentinel surveillance;

|) Integrated disease surveillance and response;

(iii) Laboratory-based surveillance;
(iv) Periodic population-based surveillance; and,
(v) Preventing transmission of communicable diseases.

(b) The CDC shall initially prioritize disease surveillance and
prevention and control of infectious diseases. Within five (5) years
from its creation, and upon positive recommendation by an
independent study or body commissioned by the DOH, the
surveillance, prevention and control of non-communicable
diseases shall be included in its mandate,


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(c) For the year during which this Act was approved, the unexpended
Portion of the budget of the offices and units transferred shall be
utilized for establishing the CDC and initiating its operations,
including the formulation of the rules and regulations necessary for
the implementation of this Act;

(d) To the greatest extent possible and in accordance with existing
laws, all employees of the affected offices, agencies and units shall
be absorbed by the CDC. Personnel hired on a permanent basis
and with appointments attested by the CSC who may be affected
by the transition of DOH units to CDC, or who will not be absorbed
in the new positions of the new staffing pattern of the different
Offices in the CDC, shall have the option to:

(1) Be transferred to other units or offices within the DOH without
reduction in pay; or

(2) Avail of the applicable retirement benefits as provided under
R.A. 6656, entitled “An Act to Protect the Security of Tenure of
Civil Service Officers and Employees in the Implementation of
Government Reorganization” and other relevant laws;

(e) Incumbent DOH officials and employees of affected DOH offices
may apply for and be transferred to the CDC, subject to an
evaluation of their competency and CSC regulations;

(f) Research grants acquired during the transition of DOH transferred
units to CDC shall be utilized solely for the grants’ intended
purposes for each of the affected units or offices, and shall not be
made available for budget realignments;

(g) Existing contracts and agreements entered into by the affected
offices with third parties prior to the enactment of this Act shall
remain valid.

The DBM, DOH, and CSC shall issue the implementing guidelines to ensure
fair, orderly, and transparent implementation of paragraphs (e) and (f) of this section

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SEC. 21. Implementing Rules and Regulations. — Within one hundred and
twenty (120) working days from the effectivity of this Act, the DOH Secretary shall
promulgate the necessary rules and regulations for its implementation.

SEC. 22. Separability Clause. - If any portion or provision of this Act is
declared invalid or unconstitutional, other provisions hereof shall remain in full force
and effect.

SEC. 23. Repealing Clause. - All laws, decrees, orders, rules, and
regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,