SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE
S.B. No. 1 1 5 5
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SEP 19 
P3 5 6
R P f M P
Introduced by Senator SONNY ANGARA
AN ACT
PROMULGATING A NATIONAL MENTAL HEALTH POLICY TOWARDS THE
ENHANCEMENT OF INTEGRATED MENTAL HEALTH SERVICES, THE 
PROMOTION AND PROTECTION OF PERSONS UTILIZING MENTAL HEALTH 
SERVICES, APPROPRIATING FUNDS THERFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
A November 2014 online video by The Guardian1 documented how social 
workers found in a Northern Cebu town, post-Supertyphoon Yolanda, several mentally- 
III individuals chained up or caged away from the rest of the community.
One had apparently been shackled by his family for 16 years, while another— 
having suffered an earlier breakdown—was kept for two years in a bamboo cage too 
small for him to even stand up or lie flat.
Unfortunately, such inhumane treatment appeared to be the only way the 
community knew how to deal with mental illness, given mental health issues are 
anything but mainstream in today’s society and that absent is a comprehensive, rights- 
based policy to protect and promote every Filipino’s mental health.
A 2011 World Health Organization (WHO) study found that the Philippines had 
the highest incidence of depression in Southeast Asia. However, one can imagine how 
similar cases might go undiagnosed when for every 10 million Filipinos, there are only 5 
qualified psychiatrists according to the Philippine Psychiatric Association.
This is a problem exacerbated by the lack of well-funded mental health facilities 
across the country, where in 2006 the WHO found that the country only spent 5 percent 
of its total health budget for mental health.
The Department of Health (DOH) said that under the Duterte administration, 
mental health issues and other “modern-day living diseases” will not take a backseat.
1 The Guardian. "Typhoon Haiyan leaves mentally ill caged and alone." Filmed [N.D]. Youtube Video, 6:51. Posted 
[November 2014]. https://www.youtube.com/watch?v=xqL-HyVvQoY


Such pronouncements should be backed up with a comprehensive policy framework for 
mental health.
Hence, this proposed measure aims to institutionalize mental health services as 
a permanent component of the country’s national health system—thereby, providing the 
legal basis for greater investment of public funds in mental health.
By adopting a rights-based approach, the measure also guards against and aims 
to eliminate any abuse a mentally-ill person might endure in the hands of doctors, 
nurses, caregivers, community health workers or even from their loved ones.
Most importantly, the measure affirms and operationalizes every Filipinos’ 
Constitutional right to health, by making it a charge of the State to promote and protect 
their psychosocial and mental health needs.
We earnestly call for the swift passage of this measure.
SONNY ANGARA


SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE
S.B. No. 1155
i g l f i t t o f  t h c > f t r t « v
*16 
SEP 19 
P3 5 6
1 nv: y[/l^
Introduced by Senator SONNY ANGARA
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AN ACT
PROMULGATING A NATIONAL MENTAL HEALTH POLICY TOWARDS THE 
ENHANCEMENT OF INTEGRATED MENTAL HEALTH SERVICES, THE 
PROMOTION AND PROTECTION OF PERSONS UTILIZING MENTAL HEALTH 
SERVICES, APPROPRIATING FUNDS THERFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
ARTICLE I
TITLE, POLICY, OBJECTIVES AND DEFINITION OF TERMS
SECTION 1. Short Title. -  This Act shall be known as the "Philippine Mental Health 
Act."
SEC. 2. Declaration of Policy. -  The 1987 Philippine Constitution mandates that the 
State shall protect and promote the right to health of the people, adopt an integrated 
and comprehensive approach to health development giving priority to the needs of the 
underprivileged, sick, elderly, disabled, women and children.
The Universal Declaration of Human Rights, the International Covenant on 
Economic, Social and Cultural Rights, and the International Covenant on Civil and 
Political Rights, further provide for the right to equality and non-discrimination, dignity 
and respect, privacy and individual autonomy, information and participation of all 
people.
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 freedoms
for all persons with disabilities without discrimination of any kind on the basis of
disability.” Likewise, the State aligns itself with the UN General Assembly resolution
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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.
In line with all these, it is hereby declared the policy of the State to uphold the 
basic right of all Filipinos to mental health and respect the fundamental rights of people 
who require mental health services. The State thus 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 based 
on national and internationally-accepted standards.
The State commits to the promotion and protection of the rights of persons with 
psychosocial and mental health needs and the belief that addressing their profound 
social disadvantage enhances their significant contribution in the civil, political, 
economic, social and cultural spheres.
SEC. 3. Objectives. -  The objectives of this Act are as follows:
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 psychosocial and mental health problems, concerns and efforts.
SEC. 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.


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b) “Carer" refers to a person who may or may not be the service user’s next of kin 
nor relative but maintains a close personal relationship with the service user and 
manifests concern for his welfare.
c) “Confidentiality" refers to the relationship of trust and confidence created or 
existing between service users and their mental health professionals, mental health 
workers and allied professionals. It also applies to any person who, in any official 
capacity, has acquired or may have acquired such confidential information.
d) “Legal Representative" refers to a substitute decision-maker charged by law 
with the duty of representing a service user in any specified undertaking or of 
exercising specified rights on behalf of the service user that will redound to the 
latter’s well-being taking into consideration the latter’s wishes.
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e) “Mental Disability" refers to impairments, activity limitations, and individual and 
participatory restrictions denoting dysfunctional aspects of interaction between an 
individual and his environment.
f) “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.
g) “Mental Health Facility" refers to any establishment, or any unit of an 
establishment, which has, as its primary function, mental health care or services.
h) “Mental Health Professional" refers to a medical doctor, clinical psychologist, 
nurse, social worker or other appropriately trained and qualified person with specific 
skills relevant to mental health care.
i) “Mental Health Services" refer to psychosocial, psychiatric or neurologic 
activities and programs along the whole range of the mental health support spectrum 
including enhancement, prevention, treatment and aftercare which are provided by 
mental health facilities and mental health professionals.
j) “Mental Health Workers" refer to trained volunteers or advocates engaged in 
mental health promotion and services under the supervision of mental health 
professionals.


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k) “Mental Illness” refers to neurologic or psychiatric disorder characterized by the 
existence of recognizable, clinically significant disturbance in an individual’s 
cognition, emotion regulation, or behavior that reflects a dysfunction in the 
neurobiological, psychosocial, or developmental processes underlying mental 
functioning. Socially deviant behavior (e.g., political, religious, or sexual) and 
conflicts primarily between the individual and society are not mental disorders unless 
the deviance or conflict results for a dysfunction in the individual, as described 
above.
l) “Mental Incapacity” refers to the:
1. Absence of mental capacity resulting to the inability to carry on the everyday 
affairs of life or to care for one's person or property with reasonable 
discretion; or
2. Inability to 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.
m) “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.
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n) “Service user" refers to a person receiving mental health care and includes all 
persons who are admitted to a mental health facility.
ARTICLE II
RIGHTS OF PERSONS WITH MENTAL HEALTH NEEDS
SEC. 5. Rights of Persons with Mental Health Needs. -  Without prejudice to the 
provisions of 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, civil status, religion or 
national or ethnic or social origin of the service user concerned:
b) Receive treatment of the same quality and standard as other individuals in a 
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c) 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) Be protected from torture, cruel, inhumane, harmful, discriminatory, or 
degrading treatment;
f) Receive aftercare and rehabilitation when possible in the community so as to 
facilitate their social inclusion;
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 service user’s clinical record. This is 
without prejudice to the service user’s right to withdraw consent;
j) Acquire a responsible legal representative and carer of their choice consistent 
with Section 3(d), whenever possible;
k) Confidentiality of all information, communication and records about 
themselves, illness and treatment in whatever form stored, which information 
shall not be revealed to third parties without their consent unless;
i. There is a law that requires disclosure;
ii. It can be argued that the person has provided express or implied 
consent to the disclosure; and
iii. There is good reason to believe that specific persons or groups are 
placed in serious, credible threat of harm if such disclosure is not made.
l) Be entitled to a competent counsel of his/her own choice. In case he/she 
cannot afford one, the Public Attorney’s Office or any legal aid institution of 
his/her own choice will assist him/her.


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ARTICLE III
DUTIES AND RESPONSIBILITIES OF GOVERNMENT AGENCIES
SEC. 6. Duties and Responsibilities of the Department of Health (DOH). -  It is the 
duty and responsibility of the DOH to:
a) 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;
b) Ensure that all public and private mental health facilities are protecting the 
rights of service users against cruel, inhuman and degrading treatment and/or 
torture: and
c) Develop alternatives to institutionalization, such as community-based 
treatment with a view of receiving persons discharged from hospitals.
SEC. 7. Duties and Responsibilities of the Commission on Human Rights (CHR). -  
It is the duty and responsibility of the CHR to:
a) Establish mechanisms to investigate alleged improprieties and abuses in the 
use of involuntary interventions and recommend appropriate charges against the 
perpetrators:
b) Inspect all places where psychiatric service users 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;
c) Appoint a Focal Commissioner for Mental Health under the CHR to ensure that 
the rights of service users and their carers, as well as the rights of mental health 
professionals and workers are protected in accordance with our national laws 
and international obligations. The Focal Commissioner shall, whenever 
necessary and if there are findings of human rights violations committed by the 
mental health facility and/or any mental health professional and mental health 
worker, recommend civil, administrative or penal actions to appropriate agencies.


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SEC. 8. Duties and Responsibilities of National and Local Mental Health Facilities. 
-  It is the duty and responsibility of national and local mental health facilities to;
a) Inform service users of their rights. Every service user, whether admitted for 
voluntary or involuntary treatment, should be fully informed about the treatment 
to be prescribed and the reason for recommending it and be given the 
opportunity to refuse treatment or any other medical intervention. Informed 
consent must be sought from all service users at all times except in instances of 
mental incapacity as defined in Section 4;
b) Ensure that guidelines and protocols for minimizing restrictive care are 
established;
c) Keep a register on involuntary treatment and procedures; and
d) Ensure that the decision for the need for a legal representative or substitute 
decision-maker shall be made only for reasons of mental incapacity and shall be 
made following established judicial procedures which should ensure that the 
rights, will and preferences of the service users are respected as far as possible.
ARTICLE IV
MENTAL HEALTH SERVICE IN THE COMMUNITY
SEC. 9. Local Mental Health Service. — Mental health service of local communities 
shall, within the general health care system, include the following:
a. Development, integration and implementation of mental health care at the 
primary health care in the community; and
b. Advocacy and promotion of mental health awareness among the general 
population in the community level.
ARTICLE V
EDUCATION, RESEARCH AND DEVELOPMENT
SEC. 10. Integration of Mental Health/Psychiatry in the Curricula. -  Mental 
health/psychiatry shall be a required subject in all medical and allied health courses, 
including postgraduate courses in health.


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SEC. 11. 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.
ARTICLE VI
MISCELLANEOUS PROVISIONS
SEC. 12. Implementing Rules and Regulations. -  Within ninety (90) days from the 
effectivity of this Act, the Secretary of Health shall, in coordination with the Philippine 
Mental Health Council, as created in Executive Order No. 470 series of 1998, formulate 
the implementing rules and regulations necessary for the effective implementation of 
this Act.
SEC. 13. Appropriations. -  The amount necessary to carry out the initial 
implementation of this Act shall be charged against the current year’s appropriation of 
the DOH. Thereafter, such amount as may be necessary for the continued 
implementation of this Act shall be included in the Annual General Appropriations Act.
SEC. 14. 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.
SEC. 15. Repealing Clause. -  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.
SEC. 16. Effectivity. -  This Act shall take effect fifteen (15) days upon its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,