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

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2002

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT ESTABLISHING THE PHILIPPINE HEALTH SECURITY COUNCIL AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

‘The COVID-19 pandemic exposed the gaps in the country's capabilities for public health emergency
preparedness. In particular, the creation of the Inter-Agency Task Force (ATF) for the Management of
Emerging and Infectious Diseases, an ad hoc body, revealed the lack of permanent institutions
overseeing the country's policy with regard to health security.

‘The proposed bill establishes the Philippine Health Security Council (PHSC), an inter-agency body
administratively attached to the Department of Health (DOH) mandated to formulate the Philippine
Health Security National Action Plan (PHSNAP), which shall serve as the framework for the
‘government's response to public health emergency.

In view of the foregoing, immediate approval of this bill is requested!

Lopé District, Quirino


19

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

TWENTIETH CONGRESS
First Regular Session

2002

House Bill No.

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT ESTABLISHING THE PHILIPPINE HEALTH SECURITY COUNCIL AND
APPROPRIATING FUNDS THEREFOR

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

CHAPTER 1
PRELIMINARY PROVISIONS

SECTION 1. Title. ~ This Act shall be known as the “Philippine Health Security Act.”

SEC. 2. Declaration of Policy. — Section 15 of Article II of the Constitution of the Philippines declares
that the State shall protect and promote the right to health of the people and instill health consciousness
among them. Section 1] of Article XIII of the Constitution mandates the adoption of an integrated and
comprehensive approach to health development.

By virtue of its obligations under the International Health Regulations (IHR) 2005 of the World Health
Organization (WHO), the Philippines is required to build its core capacities in protecting its citizens,
along with the citizens of other countries, from the spread of diseases and other health hazards.

‘Towards this end, the State shall:

(a) Protect the physical and mental health of the Filipinos, limit economic losses, and preserve
confidence in government by strengthening public health and health care systems to effectively
and swifily confront the devastating consequences of health risks, such us emerging infectious
diseases that could lead to a pandemic; use of chemical, biolo; |, radiological, and nuclear
weapons; health-related cyber warfare; and catastrophic natural disasters and human-caused

lents, through multi-sectoral and multidisciplinary approaches for effective alert and response

systems;

(b) Prepare, mobilize, and coordinate the whole-of-government and whole of society approach to bring
the full spectrum of public health capabilities in the event of a public health emergency, disaster,
or attack,

SEC 3. Definition of Terms. ~ As used in this Act:
(a) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,

training, best practices, assurance, and technologies that can be used to protect the cyber
environment and organization and user's assets;



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(b) Cyber warfare refers to the use of technology to launch attacks on nations, governments, and
citizens, causing comparable harm to actual warfare using weaponry;

(©) Emerging infectious diseases refer to newly identified diseases and previously unknown infections
that have not occurred in humans before due to mutant or resistant strains of a causative organism,
which cause public health problems either locally or internationally;

(@) Health security refers to the activity required, both proactive and reactive, to mini
and impact of acute public health events that endanger people's health;

the danger

(e) Health security interface refers to public health activities, the performance of which involves the
security sector such as during outbreak response operations in times of conflicts and wars, events
involving the intentional use of chemical or biological agents to cause harm, issues related to mass
gatherings like major sporting events, festivals, and regular religious migrations; and activities that
may arise in the course of a natural disease outbreak;

(0) International health regulations (IHR) refer to legally binding instruments of international law that
set standards and protocols to be observed by states in order to prevent the spread of diseases and
other health risks, save lives, protect livelihoods, and avoid the unnecessary curtailment of
international trade and travel;

(g) National action plan for health security (NAPHS) refers to a country-owned, multi-year planning
process that can accelerate the implementation of IHR core capacities and is based on one-health
and whole-of-government approach for all hazards, It captures national priorities for health
security, brings sectors together, identifies partners, and allocates resources for health security
capacity development. The NAPHS also provides an overarching process to capture all ongoing
Preparedness initiatives in a country along with a country's governance mechanism for emergency
and disaster risk management;

(h) One-health refers to an approach or design in implementing programs, policies, legislation, and
research in which multiple sectors communicate and work together to achieve better public health
outcomes, The areas of work in which a one-health approach is particularly relevant include food
safety, the control of zoonoses, and combatting antibiotic resistance;

(i) Pandemic refers to a widespread occurrence of an infectious disease across international
boundaries that is usually affecting a very large number of people;

(i) 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;
iv. A nuclear attack or accident; or
v. An attack or accidental release of harmful chemicals or radioactive materials; and

2. Poses a high probability of any of the following:


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i, A large number of deaths in the affected population;
ii, A large 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 atfected population;

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

vy, Trade and travel restrictions;
(k) Public health risk refers to an event:
1, That might adversely affect the health of human populations; and

2. That satisfies any one or more of the following conditions where the health effects of the event

might:
i, spread within the Philippines;

ii, spread between the Philippines and another country;
iii, spread between two (2) other countries; or,

iv. present a serious and direct danger to public health;

()) Re-emerging infectious diseases refer to diseases which are known and have occurred previously
but affected only small numbers of people in isolated areas or were once major health problems
but have fallen to levels so low that they were no longer considered a public health problem. Re=
emerging infectious diseases often reappear in epidemic proportions; and,

(m) Zoonoses refer to infectious diseases caused by an infectious agent, such as a bacterium, virus,
parasite, or prion that has transferred from an animal to a human.

SEC. 4, National Action Plan, — There shall be established a Philippine Health Security National
‘Action Plan (PHSNAP) to strengthen the country's institutional capacity io implement disease
prevention, surveillance, control, response systems and contingency plans to deal with public health
‘events and emergencies, including deliberate release of biological or chemical agents intended to harm
civilian populations or attack to the health care delivery system.

CHAPTER IT
PHILIPPINE HEALTH SECURITY COUNCIL

SEC. 5. Creation. — There is hereby created the Philippine Health Security Council (PHSC), which
shall be an inter-agency body administratively attached to the Department of Health (DOH) and tasked
to formulate and update the PHSNAP. It shall review all existing national programs, plans, and activities
pertinent to health security and public emergency, identify and prioritize activities, and implement
evidence-based actions for sustainable capacity development to improve IHR capacities in health
systems for health security.

SEC. 6. Powers and Functions. ~ The PHSC shall have the following powers and functions:


(a) Formulate and operationalize the PHSNAP in collaboration with relevant goverment agencies,
civil society organizations (CSOs), and other stakeholders;

(b) Establish partnerships with foreign and international organizations that enable the generation and
exchange of vital information through collaborative activities in rescarch, data collection, and the
provision of essential services;

(c) Prepare the policies and guidelines for the effective and efficient implementation of the PHSNAP;

(d) Institute efficient mechanisms to ensure the security of medical devices and hospital networks and
prevent cyber-related breaches that may affect the operation of medical devices and compromise
the integrity of health-related information;

(€) Ensure adherence by national government to the Philippines’ commitment to the IIR 2005 of the
WHO and take appropriate actions based on the IHR Joint External Evaluation recommendations
and the present situation of the country;

() Authorize concerned agencies to purchase, store, or distribute anti-toxins, serums, vaccines,
immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies and devices
considered advisable in the interest of preparing for or controlling a public health emergency. with
the right to take immediate possession thereof;

(g) Monitor, assess, and evaluate the implementation of the PHSNAP;

(h) Source funds for the PHSNAP;

(i) Accept donations, whether from local or foreign sources, and ensure that funded programs are
aligned to the national response;

G) Recommend to Congress the enactment of policies vital to the maintenance of health security and
ensure that all executive policy issuances are aligned with the PHSNAP;

(k) Assist Local Government Units (LGUs) in the formulation of their respective Health Security Local
‘Action Plans (HSLAP) in accordance with Chapter III hereof;

es and activities of the LGUs; and

(\) Facilitate and support health security initiati

(m) Submit an annual report to the Office of the President and the Congress.

‘The member agencies of the PHSC under Section 7 of this Act shall formulate and implement their
respective action plans pursuant to the PHSNAP.

‘The Chairperson of the PHSC may call upon any government office or instrumentality, including
government-owned or -controlled corporations, goverment financial institutions, LGUs,
nongovernment organizations, and the private sector for assistance during public health emergencies or
as the circumstances may require.

‘The Chairperson of the PHSC may recommend to the President the enlistment of the Anned Forces of
the Philippines to supplement the Philippine National Police and other law enforcement agencies for
the purpose of enforcing the quarantine of specific areas or facilitating the transport of emerging
infectious disease patients, and for such other purposes for the effective implementation of this Act.

SEC. 7. Membership and Composition. ~ The PHSC shall be composed of the following:

(a) Secretary of Health;


(b) Secretary of National Defense;
(c) Executive Secretary;

(4) National Security Advisor;

(c) Secretary of Foreign Affairs;

(1) Secretary of Interior and Local Government;

(g) Secretary of Justice;

(h) Secretary of Budget and Management;

(i) Secretary of Trade and Industry;

(i) Secretary of Agriculture;

(k) Secretary of Environment and Natural Resources;

(I) Secretary of Tourism;

(m) Secretary of Transportation;

(n) Secretary of Information and Communications Technology:
(0) Secretary of Labor and Employment;

(p) Secretary of Science and Technology;

(q) Secretary of Public Works and Highways;

(*)_ Chaitperson of the Commission on Higher Education;

(s) Secretary of Education;

(Secretary of Agrarian Reform;

(u) Secretary of Economy, Planning, and Development;

(v) Secretary of Human Settlements and Urban Development;

(w) Secretary of the Presidential Communications Office;

(x) Chief of Staff of the Armed Forces of the Philippines;

(y) Chief of the Philippine National Police;

(2) Director of the National Bureau of Invest
(aa)Director General of the National Intelligence Coordinating Agency;

(bb) Director General of the Technical Education and Skills Development Authority;


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(cc) Chairperson of the Civil Service Commission;
(da) Commissioner of the Bureau of Customs;

(ee) Director General of the Philippine Information Agency;

(11) Executive Director of the Philippine Council for Health Research and Development;
(gg) President of the Philippine Health Insurance Corporation;

(bh) Director General of the Food and Drug Administration;

(ii) Director of the Research Institute for Tropical Medicine;

(i) President of the Union of Local Authorities of the Philippines;

(kk) President of the League of Provinces of the Philippin

(ll) President of the League of Cities of the Philippines;
(mm) President of the League of Municipalities of the Philippines;
(nn) President of the Liga ng mga Barangay;

(00) President of the Government Service Insurance System;

(pp) President of the Social Security System;

(aq). Chairperson of the National Anti-Poverty Commissi
(Chairperson of the National Commission of Senior Citizens;
(53) Chairperson of the National Council on Disability Affairs;
(tt) Chairperson of the Philippine Commission on Women;

(uu) Secretary General of the Philippine Red Cross;

(vv) Four (4) representatives from the CSOs;

(vw) Four (4) representatives from the private sector;

(xx) Four (4) representatives from the health sector; and

(yy) Four (4) representatives from the academe.

‘The Secretary of Health shall be the permanent Chairperson of the PHSC and the Secretary of National
Defense its Co-Chairperson.

The PHSC, upon the vote of 2/3 of ull members present comprising a quorum, shall be allowed to
include additional members as it may deem necessary.

‘The President shall, upon the recommendation of the PHSC, appoint the representatives of the CSOs
and private sector based on a short list to be provided by the members, in accordance with the criteria


and mechanism to be established by the PHSC. They shall serve fur a term of three (3) years, renewable
upon the recommendation of the PHSC for a maximum of two (2) consecutive terms.

The Secretary of the member agencies shall designate a permanent alternate member to the PHSC,
preferably an Undersecretary who is a certified career service officer.

‘The PHSC may invite the Administrator of the Supreme Court, the Chairperson of the Committee on
Health and Demography of the Senate of the Philippines and the Chairperson of the Committee on
Health of the House of Representatives to its meetings.

‘The PHSC shall convene not later than thirty (30) days after the date of the enactment of this Act. It
shall meet at least once every quarter on dates and in places it shall determine. The Chairperson of the
PHSC may call for a special meeting as the need arises. The PHSC shall formulate internal rules to
govern the conduct of its meetings.

SEC. 8. Secretariat. — The Health Emergency Management Bureau (HEMB) of the DOH shall serve
4s the Secretariat of the PHSC and perform the following functions:

(a) Coordinate and manage the day-to-day affairs of the PHSC;
(b) Assist in the formulation, monitoring, and evaluation of the policies to the PHSNAP;

(©) Provide technical assistance, support, and advisory services to the PHSC and its extemal partne

(@) Assist the PHSC

identifying and building internal and external networks and partnerships;
(€) Coordinate and support the efforts of the PHSC and its members to mobilize resources;
(f) Serve as repository of health security information;

(g) Disseminate updated, accurate, relevant, and comprehensive information about the country’s health
security situation to PHSC members, policy makers, and the media:

(h) Provide administrative support to the PHSC.

‘The Secretary of Health, as Chairperson of the PHSC, may assign other stafT from the DOH to assist.
the HEMB in the performance of its functions as Secretariat of the PHSC.

CHAPTER IIT
HEALTH SECURITY AT THE REGIONAL AND LOCAL LEVEL

SEC. 9, Health Security Management and Organization at the Regional Level. ~ There shall be
established a Regional Health Security Council (RHSC) in every administrative region of the country,
which shall be responsible in the development and implementation of the Health Security Regional
Action Plan.

‘The RHSC shall establish an operating facility to be known as the Regional Health Security
Management Operations Center whenever necessary.

‘The Regional Directors of the DOH shall serve as Chairpersons of the RHSC. Its Vice Chairpersons
shall be elected by the members. In the case of the Bangsamoro Autonomous Region in Muslim
Mindanao (BARMM), the Chief Minister shall be the RHSC Chairperson. The existing regional offices
of the DOH shall serve as secretariat of the RHSCs. The RHSCs shall be composed of the executives
of the regional offices and field stations at the regional level of the government agencies and concerned


institutions and authorities including representatives from the CSOs, private sector, the academe, and
the health sector.

SEC. 10. Organization at the Local Level. ~ Provincial, City, and Municipal Health Security Councils
shall be established. The Local Health Security Council shall be composed of the Local Health
Emergency Response Team and concemed institutions and authorities, including representatives from
the CSOs, private sector, the academe, and the health sector.

(@) Composition. The local health security councils shall be composed of the following members:

Local Chief Executive, as chairperson;

2. Highest ranking officer of the Armed Forces of the Philippines assigned in the province, city,
‘municipality, or barangay, respectively;

3. Head of the Local Health Office;

4, Local Planning and Development Officer;

5. Head of the local Social Welfare and Development Office;
6. Head of the local Agriculture Office;

7. Head of the local Veterinary Office:

8. Head of the local Engineering Office:

9. Head of the local Budget Office;

10. Head of the Business Permit and Licensing Office;

11, Head of the Transportation Office;

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Head of the Communication Affairs Office;

13, Head of the local Community Relations Department;
14, Head of General Services Department;
15, Head of Cultural and Tourism Affairs Office;

16. Head of Office of the Building Official;

17. Head of Public Order and Safety Office;
18, Head of Environmental Protection and Waste Management Office;
19, Head of the Housing and Community Development and Resettlement Office;
20. Division or Superintendent of Schools of the DepEd, respectively;

21, Provincial Director/City/Municipal chief of the Philippine National Police;

22. President of the Association of Barangay Captains;


23. Philippine National Red Cros
24, Four (4) accredited CSOs;
25. Four (4) private sector representatives;
26. Four (4) representatives from the academe; and
27. Four (4) representatives from health community,

(b) The local health security councils shall have the following functions:

1, Develop, operationalize, and implement their respective HSLAP in accordance with the
PHSNAP and the provisions of this Act;

Localize public health emergency preparedness and ensure efficient local response to assess,
monitor, contain, control, and prevent the spread of any potential epidemic or public health
risks;

3. Support the health security initiatives of the national government

4, Pass timely and relevant ordinances that will strengthen the provision of health security; and
5. Convene the local health security council once every three (3) months or as necessary.

SEC. 11. Local Government Support and Cooperation, — During a state of public health emergency,
local government officials are hereby mandated to provide all the necessary support and cooperation to
the national government in accordance with Section 105 of Republic Act No. 7160, or the Local
Government Code.

The refusal of local government officials to provide support and cooperation during public health
‘emergencies shall constitute an offense and shall be dealt with disciplinary action as provided for in the
Local Government Code.

CHAPTER IV
PUBLIC HEALTH EMERGENCY

SEC. 12, 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. The basis
tor such a declaration shall be made public by the PHSC through the mass media and a written report
shall be submitted to both Houses of Congress.

The State of Public Health Emergency shall last for a period of sixty (60) days, unless extended or
terminated earlier by the Council.

During the State of Public Health Emergency, the PHSC may exercise, in coordination with national
government agencies, local governments, and other organizations responsible for the implementation
of the PHSNAP, the following powers:

(a) To direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, or to
close any facility of which there is reasonable cause to believe that it may endanger the public
health;



(b) To require privately-owned health care facilities to provide services or to allow the use of their
facilities within reasonable and necessary grounds for emergency response to a public health
‘emergency; and

(©) To control, restrict, and regulate the use and rationing of pharmaceutical agents and/or medical
supplies and equipment it considers essential during a public health emergency.

CHAPTER V
MISCELLANEOUS PROVISIONS

SEC. 13. Creation of Health Security Advisory Group. — A Health Security Advisory Group (HSAG)
shall be established as an advisory body to the PHSC and the President of the Philippines on matters of
health security. The HSAG shall consist of former health secretaries, public health specialists, Filipino
scientists and scholars, and other health professionals and experts that the PHSC may deem necessary.
All members who shall be appointed to the HSAG must be of good moral character and of recognized
probity and independence, and have no pending case or criminal and administrative record,

SEC. 14, Appropriations. - The amount necessary to carry out the provisions of this Act shall be

included in the annual General Appropriations Act.

SEC. 15. Annual Report. - The PHSC, through its Chairperson, shall submit an annual report to the
Office of the President, the Senate, and the House of Representatives, within the first quarter of the
succeeding year.

SEC. 16. Implementing Rules and Regulations. — The Secretary of Health shall, in consultation with
the members of the PHSC, issue the necessary rules and regulations for the effective implementation of
this Act within ninety (90) days from its effectivity.

SEC. 17. Congressional Oversight Committee. - There is hereby created a Congressional Oversight
Committee which shall monitor and review the proper implementation of this Act composed of five (5)
members from the Senate of the Philippines and five (5) members from the House of Representatives.
with the Chairpersons of the Committees on Health of both the Senate and the House of Representatives
as joint Chairpersons of this Committee. The four (4) other members from each Chamber are to be
designated by the Senate President and the Speaker of the House of Representatives, respectively. The
minority shall be entitled to proportional representation but shall have at least one (1) representative
from each Chamber.

SEC. 18, Repealing Clause, ~ All laws, decrees, orders, issuances, and rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 19, Separability Clause. - If any provision of this Act shall be held unconstitutional or invalid,
the other provisions not otherwise affected shall remain in full force and effect.

SEC. 20, Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,