SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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SENATE
SENATE BILL NO. 
1379
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL, 
PROVIDING POUTRS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Tliis measure seeks to create a Public Health Emergency Council which 
shall formulate a comprehensive strategy on public health emergency. It seeks 
to give our country a fighting chance against biological, chemical or nuclear 
health threats through preparation, management and disposal.
Tlie Council shall be composed of the heads of the Departments of 
Health, Interior and Local Government, Trade and Industry, Justice and 
National Defense and the Office of the Press Secretary. Upon declaration of a 
state of public health emergency by the President, the Council shall be 
responsible for the formulation and implementation of a national public 
health emergency plan. This is to ensure that the national government will be 
able to respond immediately and effectively to actual public health 
emergencies.
The establishment of a set of plan to counteract the emergence or 
resurgence of contagions is a must. We should have an emergency plan that 
we can implement against new and emerging threats should an outbreak 
occur in our country. And with the threat of a deliberate outbreak via bio­
terrorism, the urgency is even more emphasized.
In view of the foregoing, approval of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO


SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
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‘17 HAR-8 P6:23
RECtlV'fLObi
SENATE
SENATE BILL NO. 1 ^ 7 [)
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
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AN ACT
ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL, 
PROVIDING POWERS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Refuesentatives of the Philippines in 
Congress assembled:
SECTION 1. Title - This act shall be known as the "Emergency Health 
Powers Act of 2017".
SECTION 2. Declaration of Policies - The State shall protect and 
promote the right of the people to a healthy life and environment. It is also the 
prime duty of Government to seive and protect the people and in this pursuit 
may require the people to cooperate in times of public health emergencies.
In light of new and emerging threats, including emergent and resurgent 
infectious diseases and terrorist attacks involving the use of chemical, 
biological or nuclear agents, the State shall focus on the prevention, detcx:tion, 
management, and containment of public health emergencies.
The State shall endeavor to respond immediately and effectively to 
potential or actual public health emergencies and in so doing, may require the 
exercise of emergency health powers for the promotion of the common good.
SECTION 3. Definition of Terms - For purposes of this Act, the 
following terms are herein defined;
a. 
"Biological agent" means a microorganism, virus, infectious 
substance, naturally occurring or bioengineered product, or other biological 
material that could cause death, disease, or other harm to a human, an animal, 
a plant, or another living organism.


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b. 
"Biological Attack" means an attack against the population with 
the use of weapons employing biological agents.
c. 
"Chemical agent" means a poisonous chemical agent that has the 
capacity to cause death, disease, or other harm to a human, an animal, a plant, 
or another living organism.
d. 
"Chemical Attack" means an attack against the population with 
the use of weapons employing chemical agents.
e. 
"Contagious disease" is a disease that can be transmitted from 
person to person, animal to person, or insect to person.
f. "Facility" meams any real property, building, structure, or other 
improvement to real property or any motor vehicle, rolling stock, aircraft, 
watercraft, or other means of transportation.
g. "Health care facility" means any institution, building, or agency or 
portion thereof, whether public or private that is used, operated, or designed 
to provide health services, medical treatment, nursing, rehabilitative, or 
preventive care to any person or persons. This includes, but is not limited to, 
ambulatory surgical facilities, health maintenance organizations, home health 
agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney 
treatment centers, long-term care facilities, medical assistance facilities, mental 
health centers, outpatient facilities, public health center.s, rehabilitation 
facilities, residential treatment facilities, skilled nursing facilities, ami ailult 
daycare centers. The term also includes, but is not limited tt), the following 
related properties when used for or in connectitin with the foregoing: 
laboratories, research facilities, pharmacies, laundry facilities, health 
personnel training and lodging facilities, and patient, guest, and health 
personnel food sei"vice facilitie.s, and offices and office buildings for persons 
engaged in health care professions or services.
h. "Health care provider" means any person or entity tliat provides 
health care services including, but not limited to, hospitals, medical clinics 
and offices, special care facilities, medical laboratories, physicians, 
pharmacists, dentists, physician assistants, nurses, paramedics, firefighters 
who prt)vide emergency medical care, emergency medical or laboratory 
technician.s, and ambulance and emergency medical workers.
i. "Infectious disease" is a disease caused by a living organism or virus. 
An infectious disease may or may not be transmissible from person to person, 
animal to person, or insect to person.


j. "Isolation" and "quarantine" mean the compulsory physical 
separation, including restriction of movement or confinement, of individuals 
and/or groups believed to have been exposed to, or known to have been 
infected with a contagious disease, from individuals who are believed not to 
have been exposed or infected in order to prevent or limit the transmission of 
the disease to others,
k. "Quarantine" shall also mean compulsory physical separation, 
including restriction of movement, of populations or groups of healthy people 
who have been potentially exposed to a contagious disease, or to efforts to 
segregate these persons within specified geographic areas if the situation so 
requires.
l. "Isolation" shall also mean the separation and confinement of 
individuals known or suspected via signs, symptoms, or laboratory criteria, to 
be infected with a contagious disease to prevent them from transmitting said 
disease to others.
m. "Nuclear Agent" means any radioactive material, element or 
byproducts thereof that could cause death, disease, or other ham to a human, 
an animal, a plant, or another living organism.
n. "Nuclear Attack" means an attack against the population with the 
use of weapons employing nuclear agents.
o. "Public health emergency" means the occunxMKx* (^r imminent risk of 
an illness or health condition that may be caused by terrorism, epidemic or 
pandemic disease, or an infectious, biological or chemical agent that poses a 
substantial risk to a significant number of the population or poses a serious 
threat to the agricultural sector, including food supply.
p. "Radioactive material" means a nuclear or radioactive substance that 
has the capacity to cause injury or death to a human, an animal, a plant, or 
another living organism.


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SECTION 4. Public Health Emergency Council (PHEC) - Tlie Public Health 
Emergency Council (PHEC), lu'reinafter referred to as the Council, is hereby 
established to be composed of the following;
a.
b.
c.
d.
e.
f.
Secretary of Health, Chairman;
Secretary of Interior and Local Government, Member; 
Seci etary of Trade and Industry, Member;
Secretary of Justice, Member;
Secretary of National Defense, Member; and 
Press Secretary, Member.
Other government agencies not under the authority or jurisdiction of 
the standing members of the Council may be included as the need as 
determined by the Council, arises.
The Council shall convene when a State of Public Health Emergency is 
declared by the President and shall be responsible for the formulation and 
implementation of the National Public Health Emergency Plan, hereinafter 
referred to as the Plan, to address any public health emergency as defined in 
this Act.
Within six months from the approval of this Act, the Council shall draw 
up the Plan, and conduct a briefing for all local government units. It shall 
serve as the framework for the government's response to any public health 
emergency. The Council shall al.so advise the President on courses of action 
outside the Plan that may be taken in the ev('nt that a public ln'alth eivu'rgt'ncy 
cxrcurs.
SECTION 5. Declaration of State of Public Health Emergency -The President, 
upon the recommendation of the Secretary of Health, may declare a State of 
Public Health Emergency and immediately convene the Council. Tlie basis for 
such a declaration shall be made public by the Council through the mass 
media and a written report submitted to both houses of Congress.
Tlie State of Public Health Emergency shall be for a period of sixty days 
unless extended or terminated earlier by the Council.
SECTION 6. Health Cure Eacilities and Sendees During State of Public 
Health Emergency.- During the period of the State of Public Health 
Emergency, the Council may, within reasonable and necessaiy bounds for 
emergency response to a public health emergency, require a health care 
facility to provide .services or the use of its facility; Provided, That the Council 
may require privately owned health care facilities to provide services or use of 
its facility only if government health institutions are unable to cope with the 
public health emergency.
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When the Council needs the use or services of the facility to isolate or 
quarantine individuals during a public health emergency, the management 
and supervision of the health care facility must be coordinated with the 
Council to ensure the protection of existing patients and compliance with the 
terms of this act.
SECTION 7. Dangerous racilities and Materials, - During the state of public 
health emergency, the Council may exercise, in coordination with national 
government agencies, local government units, and other organizations 
responsible for the implementation of the Plan, the following powers over 
facilities or materials that may he consideix'd dangerous due to contamination 
or exposure to chemical, nuclear or biological agents or infectious disease 
pathogens:
a. to close, direct and compel the evacuation of, or to decontaminate or 
cause to be decontaminated, any facility of which there is rea.sonable cause to 
believe that may endanger the public health; and
b. to decontaminate or cause to be decontaminated, any material of 
which there is reasonable cause to believe that it may endanger the public 
health.
SECTION 8. Control of Pliannaceutical Agents or Medical Supplies - After 
the declaration of a public health emergency, the Council may purchase, store 
or distribute antitoxins, serums, vaccines, immunizing agents, antibiotic.s, and 
other pharmaceutical agents or medical supplies that it considers advisable in 
the interest of preparing for or controlling a public health emergency, with the 
right to take immt'diate possession theret)f.
If a state of public health emergency results in a nationwide or regional 
shortage or threatened shortage of any product covered by the preceding 
paragraph, the Council may control, restrict, and regulate by rationing and 
using quotas, prohibitions on shipments, price fixing, allocation or other 
mean.s, the use, sale, dispensing, distribution, or transportation of the relevant 
product necessary to protect the health, safety, and welfare of the people. In 
making rationing or other supply and distribution decisions, the Council must 
give preference to health care providers, disaster response personnel, and 
mortuary staff.
Nothing in this section shall be construed to allow the Council to obtain 
antitoxins, serums, vaccines, immunizing agents, antibiotics, and other 
pharmaceutical agents or medical supplies for the primary purpose of


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hoarding such items or preventing their fair and equitable distribution among 
the health care institutions and providers, both government and private.
SECriON 9. Control and Treatment of Infectious Diseases. - During a state of 
public health emergency, the Council shall use every available means to 
prevent the transmission of contagious and infectious diseases and to ensure 
that all cases of contagious and infectious disease are subject to proper control 
and treatment.
SECTION 10. Physical Examinations or Tests: Isolation or Quarantine of 
Persons Refusing Examination. - During a state of public health emergency, 
the Council may perform voluntary physical examinations or tests as 
necessary for the diagnosis or treatment of individuals.
Tlie Council may isolate or quarantine any person who.se refusal of 
physical examination or testing results in uncertainty regardless whether said 
person has been exposed to, or is infected with, a contagious or possibly 
contagious di.sease or otherwi.se poses a danger to public health. Isolation and 
quarantine shall be mandatoiy for persons exhibiting any symptom of an 
infectious disease causing the public health emergency or whose physical 
examination or test re.sults confirm an infection.
SECTION 11. Isolation and Quarantine of Individuals or Groups; Penalty for 
Noncompliance- During a public health emergency, the Council may isolate or 
quarantine an individual or group.s of indiv'iduals. Thi.s include.s individuals 
or groups who have not been vaccinated, treated, tested, or examined 
pursuant to the preceding section. The Council may also establish and 
maintain places of isolation and quarantine, set ruies and make orders in this 
regard.
The Council shall adhere to tin* following conditions and principles 
when placing individuals or groups of individuals under isolation or 
quarantine:
a. 
isolation and quarantine must be by the least restrictive means 
necessary to prevent the spread of a contagious or possibly contagious disease 
and may include, but not limited to, confinement to private homes or other 
private and public premise.s;
b. 
individuals Isolated because of objective evidence of infection or 
contagious disease must be confined separately 
from quarantined 
asymptomatic individuals;
c. 
the health status of i.solated and quarantined individuals must be 
monitored regularly;


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d. 
if a quarantined individual becomes infected or is reasonably 
believed to be infected with a contagious or possibly contagious disease, he or 
she must be promptly isolated;
e. 
isolated and quarantined individuals must be immediately 
released when they no longer pose substantial risk of transmitting a 
contagious or possibly contagious disease to others;
f. 
the needs of persons isolated and quarantined must be addressed 
in a systematic and competent fashion including, but not limited to, providing 
adequate food, clothing, shelter, means of communication with those outside 
the facility, medication, and competent medical care;
g. 
facilities used for isolation and quarantine must be maintained in 
a safe and hygienic manner and be designed to minimize the likelihood of 
further transmission of infection or other harm.
Persons subject to isolation or quarantine must comply with the 
Council's rules and orders and must not go beyond the isolation or quarantine 
premises.
Only authorized physicians, health care workers, or other persons with 
written permission from the Council shall have access to individuals in 
isolation or quarantine to meet the needs and proper care of these individuals.
Failure to comply with or willful violation of this provision shall be 
penalized w'ith a fine of Ten Thousand Pesos or imprisonment of not more 
than six months.
Facilitating, aiding or conspiring to violate these provisions shall be 
penalized with a fine of Ten Thousand Pesos or imprisonment of not more 
than six months.
Any person entering an isolation or quarantine premises with or 
without authorization of the Council may be isolated or quarantined as 
provided for in this act.
SECTION 12. Local Government Role - Within six months after the adoption 
of the Plan, lcx:al government units shall draw up their respective Local Public 
Health Emergency Plans conforming to the national plan and the provisioas 
of this Act,
During a state of public health emergency, local government officials 
shall provide unconditional support and cooperation to the Council and the 
Plan.


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Refusal of local government officials to provide support and 
cooperation shall constitute an offense cind shall be dealt with disciplinary 
action as provided for in the Local Government Code.
SECTION 13. Powers and Duties Regarding Safe Disfwsal of Unman 
Remains. - The Council must coordinate with hospitals and funeral 
institutions, for such period as the state of public health emergency exists, to 
exercise the following powers regarding the safe disposal of human remains 
suspected or known to be a victim of an infectious disease;
a. 
to take possession or control of any human remains which cannot 
be safely handled otherwise;
b. 
to order the disposal of human remains of a person who has died 
of an infectious disease through burial or cremation within twenty-four hours 
after death,
c. 
to require any business or facility authori/ed to embalm, bury, 
cremate, inter, disinter, transport, and dispose of human remains under 
existing laws to accept any human remains or provide the use of its business 
or facility if these actions are reasonable and necessary for emergency 
response.
All human remains prior to disposal must he dearly labeled with all 
available information to identify the diveased and the circumstances of death.
Any human remains of a deceased person with an infectious disease 
must have an external, clearly visible tag indicating that the human remains 
are infected and, if known, the infectious disease.
Every person in charge of disposing any human remains must maintain 
a written record of each set of human remains and all available information to 
identify the deceased and the circumstances of death and disposal. If the 
human remains cannot be identified prior to disposal, a qualified person 
must, to the extent possible, take fingerprints and one or more photographs of 
the human remains, and collect a DNA specimen. All informatitm gathered 
under this paragraph must be promptly forwarded to the Council. 
Identification must he handled by the agencies that have laboratories suitable 
for DNA identification.
SECTION 14. Centralized Infonnation - During the State of Public Health 
Emergency, the Council, through the Press Secretary or a designated alternate, 
shall provide the public with daily updates, news bulletins or briefings on the 
progress of the management and containment of the public health emergency 
and shall endeavor to prevent or stop the spread of misinformation.


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In this pursuit, the Council, tlirough the Press Secretary, may request 
the mass media to refrain from reporting or disseminating information about 
the public health emergency that it has not cleared.
SECTION 15. Implemeuthtg Authority - The Secretary of the Department of 
Health shall promulgate the implementing rules and regulations, orders and 
other issuances as ma}r be necessary to implement and carry out the intent, 
objectives, purposes and provisions of this Act.
SECTION 16. Separability Clause. - If any part, section or provision of this 
Act is held invalid or unconstitutional, other provisions not affected thereby 
shall remain in force and effect.
SECTION 17. Repealing Clause - All other laws, decrees, orders, issuances, 
rules and regulations that are inconsistent with the provisions of this Act are 
hereby repealed, amended or modified accordingly.
SECTION 18. Effectivity. - This Act .shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,