Republic of the Philippines

DEPARTMENT OF HEALTH
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

JOINT MEMORANDUM CIRCULAR NO._____

TO : ALL PROVINCIAL GOVERNORS, CITY MAYORS,

MUNICIPAL MAYORS, PUNONG BARANGAYS, CHR
REGIONAL OFFICES, DOH REGIONAL DIRECTORS, DILG
REGIONAL DIRECTORS, CHIEF MINISTER OF
BARMM/MINISTER OF LOCAL GOVERNMENT AND ALL
OTHERS CONCERNED

SUBJECT : GUIDELINES ON THE LOCALIZATION OF REPUBLIC ACT

11036 OTHERWISE KNOWN AS THE MENTAL HEALTH ACT
(MHA)

1.0 BACKGROUND

1.1 Mental health is a global concern, yet the level of support found in each
country varies widely. In the Philippines, 3.3 million Filipinos live with
depressive disorders, with suicides rates of 2.5 males and 1.7 females
per 100,000 persons, according to the Department of Health. The World
Health Organization (WHO) also reported that in the Philippines, over
2,000 cases of suicide from 2000 to 2012, most of which involved people
aged 15 to 29 years old.  Among Filipino youth aged 13 to 17, 11.6 per
cent have contemplated taking their lives and an alarming 16.8 per cent
have attempted to do so.

1.2 The National Information on Mental Health Services in the Philippines

indicates that there are substantial gaps and inconsistencies in the
delivery of mental health care.
__________________________________________________________
Mental Health in Asia: The Numbers, Better World, Singapore International Foundation;
Mental health services in the Philippines John Lally,1,2,3 John Tully4 and Rene Samaniego).
www.gmanetwork.com/news/lifestyle/healthandwellness/681785/ Published January 17, 2019 3:39pm;
ww.philstar.com/.../33-million-pinoys-suffer-depression 29/08/2019 · Manila, Philippines
 1.3 On 21 June 2018, President Rodrigo Roa Duterte signed a landmark
legislation, the First Mental Health Act of the country. It provides a
platform for the delivery of comprehensive and integrated mental
health services while protecting the rights of people with mental
disorder and their families.

1.4 Section 02, of RA 11036 provides that, “the State affirms the basic
rights of all Filipinos to mental health as well as the fundamental rights
of people who require mental health services.”

1.5 The localization of this Act supports the World Health Organization’s
Assessment Instrument for Mental Health Systems (WHO-AIMS) for
collecting information to improve the mental health system, and
provide a baseline for monitoring and policy reform on health services
at the local level.

2 PURPOSE

Generally, this Joint Memorandum Circular (JMC) shall provide guidelines

on the localization and operationalization of the Mental Health Act in the
Local Government Units (LGUs).

3.0 COVERAGE

This guidelines shall cover the provinces, cities, municipalities, regional and
sub-regional offices of the DOH, DILG, MLG – BARMM, MOH – BARMM,
and all other government agencies concerned.

4.0 DEFINITION OF TERMS

4.1 Mental Health refers to a state of well-being in which the individual

realizes one’s own abilities and potentials, copes adequately with the
normal stresses of life, display resilience in the face of extreme events,
works productively and fruitfully, and is able to make a positive
contributions to the community;

4.2 Community-based mental health facility refers a mental health care

facility outside of a mental hospital

4.3 Mental Health Services refers to psychosocial, psychiatric or neurologic

activities and programs along the whole range of the mental health
support services including promotion, prevention, treatment, and
aftercare, which are provided by mental health facilities and mental health
professionals;

4.4 Service User refers to person with lived experience of any mental health
condition including persons who require, or are under going psychiatric,
neurologic or psychosocial care.
5.0 POLICY CONTENT AND GUIDELINES

The policy content and guidelines provide the roles and responsibilities of the
LGUs on the localization of MHA.

5.1 Establishment of Internal Review Board (IRB)

All public and private health facilities shall create their Internal Review
Boards (IRBs) to review all cases, disputes and controversies involving
the treatment, restraint or confinement of service users within the
facilities.

5.1.1 The IRB shall be composed of the following:

Chair : Representative, DOH
Members : Representative from the following:
- Commission of Human Rights
- A person nominated by an organization
representing the service user and their
families duly accredited by the Philippine
Council for Mental Health (PCMH).
- Others members deemed necessary, to be
invited by the IRB as ad hoc resource person

5.1.2 Functions of the IRB

a) Conduct a regular review, monitoring and audit of all cases

involving treatment, confinement or restraint of service
users within their jurisdiction .

b) Inspect mental health facilities to ensure that service users

are not being subjected to cruel, inhumane or degrading
conditions or treatment.

c) Upon receipt of a written complaint filed by a service user,

or a service user’s immediate family or legal
representative, investigate cases, disputes and
controversies involving the voluntary treatment,
confinement or restraint of a service users.

d) Take all necessary actions to rectify or remedy violations of

service user’s rights vis-à-vis treatment, confinement or
restraint including the recommendation of filing for an
administrative, civil or criminal case by appropriate
government agency.
5.2 Mental Health Services at the City, Municipal and Barangay

5.2.1 Responsive primary mental health services shall be developed

and integrated as part of basic health services in the city,
municipality and barangay. The standards of which shall be
determined by the DOH in consultation with the concerned
stakeholders.

5.2.2 The LGU shall create their program on mental health in

accordance with the general guidelines set by the Philippine
Council for Mental Health (PCMH) and in coordination with the
concerned stakeholders.

5.3 Establishment of Community-Based Mental Health Care Facility.

5.3.1 The community-based mental health care facility shall be

established in the province, city and cluster municipalities based on
the need of population. The operation of the facility shall be assisted
by the DOH. The Provincial Health Officer, City/Municipal Health
Officer respectively, will oversee the operation of the facility.

5.3.2 Community-based mental health care facility include the

following: a) community mental health center; b) outpatient care
center; c) halfway center; d) safe houses; e) crisis center; d)
drop-in center; f) other facilities offering services to help the
distinct need and unique characteristics of population including
well-being enhancement program

5.3.3 The community health care facility shall have the following: a)
adequate room, b) office or clinic; c) have complement of mental
health professionals; d) allied professionals, e) support staff; e)
trained barangay health workers (BHWs); f) volunteer family
members of patients or service users; g) basic equipment and
supplies; h) adequate stock of medicines as appropriate.

5.3.4 Submission of Report by LGU

5.3.4a Subject to Data Privacy Act, a quarterly report shall be

submitted by the LGU through their local health offices
to be submitted through channel M/C/CMH to PCMH;
PCMH to RCMH; RCMH to PCMH and to DOH.
 5.3.4.b The report should include the following data: a) number
of patience/service users attended to and/or served; b)
kind of mental illness or disability; c) duration and
result of the treatment; d) patients/service users’ age,
gender, educational attainments and employments
without disclosing the identities of the patients/service
users; e) mode of confinement (voluntary or
involuntary).

5.4 Capacity Building of Barangay Health Workers (Bhws)

5.4.1 The LGU shall be responsible for the training of the BHW and
other barangay volunteers on the promotion of mental health
in accordance with the training programs developed by the
DOH, and shall provide the LGUs with medical supplies and
equipment needed by the BHWs to carry out their functions.

5.4.2 The LGUs shall ensure the capacity building and supervision of
the BHWs for the promotion of mental health, advocacy for
patient’s rights, case finding, identification and referral.

5.5 Duties and responsibilities of the Local Government Units

(LGUs).

5.5.1 The LGUs shall have the following duties and responsibilities:

5.5.1a Review, formulate, and develop the regulations and

guidelines necessary to implement an effective
mental health care and wellness policy within their
territorial jurisdiction, including the passage of a local
ordinance on mental health, consistent with existing
relevant national policies and guidelines;

5.5.1b Integrate mental health care services in the basic

heath care services, and ensure that mental health
services are provided in primary health care facilities
and hospitals within their territorial jurisdictions;

5.5.1c Establish training programs necessary to enhance the

capacity of mental health service providers at the
LGU level, in coordination with appropriate national
government agencies and other stakeholders.
 5.5.1d Promote deinstitutionalization and other recovery-
based approaches to the delivery of mental health
care services.

5.5.1e Establish, reorient, and modernize mental health

care facilities necessary to adequately provide
mental health services, within their territorial
jurisdiction.

5.5.1f Where dependent living arrangements are not

available, provide or facilitate access to public
housing facilities, vocational training and skills
development programs, and disability or pension
benefit.

5.5.1g Refer service users to mental health facilities,

professionals, workers, and other service providers
for appropriate care.

5.5.1h Establish a multi-sectoral stakeholder network for the

identification, management, and prevention of mental
health conditions.

5.5.1i Establish and maintain drug screening services for the

common prevalent drugs of abuse, using acceptable
standard and up to date basic screening equipment
and procedures.

5.5.1j Ensure funding appropriation to support and sustain

the effective provision of mental health services in
their territorial jurisdiction; and

5.5.1k In coordination with appropriate local agencies,

ensure mental health and other services are provided
to vagrants with mental health problems who are in
their territorial jurisdiction.

5.6 Establishment and upgrading of Local Hospitals and Health

Care Facilities.

5.6.1 Based on well-supported data provided by the local health

office, the LGUs shall establish or upgrade hospitals and
health care facilities with adequate and qualified personnel,
equipment and supplies to provide mental health services
and address psychiatric emergencies.
 5.6.2 In the case of people in geographically isolated and/or highly
populated and depressed areas, residents therein shall have
the same level of access through other appropriate means
such as, home visits or mobile health care clinics as
needed.

5.7 Regional and Local Council for Mental Health (R/LCMH)

5.7.1 Regional Council for Mental Health (RCMC) shall be

established in all the regions to serve as a counter part of
the PCMH for easier coordination, report consolidation,
monitoring and evaluation, and implementation of the
mental health-related programs and projects in the provinces,
cities, municipalities.

5.7.2 Duties and Functions of the Regional Council for

Mental Health (RCMH)

5.7.2a Develop a regional strategic multi-sectoral strategic

plan for mental health that shall protect the rights of
persons with mental heath needs and promote their
mental health and well-being.

5.7.2b Establish a rational, unified and integrated service

delivery network for mental health services including
the development of health human resources ad
information system for mental health.

5.7.2c Identify the budgetary requirements needed and

possible sources of funds for the implementation of
mental health-related programs, projects and
activities .

5.7.2d Engage relevant government agencies and

stakeholders that will provide data and information
for the formulation of policies and programs related
to mental health.

5.7.2e Perform other functions as maybe deemed

necessary for effective delivery of mental health
services in the different LGUs.

5.8 Composition of the RCMH

 Chairperson : Regional Director, DOH
Members : Regional Directors of the following:
- DepEd
- DOLE
- DILG
- CHR
- CHED
- One (1) rep. from
Academe/Research Institution
- One (1) rep. from NGOs
involved on mental health
issues

5.8.1 The representatives of the academe/research, private

sector and NGOs shall be nominated and decided by the
majority of the members of the Council. They shall
serve for a term for three (3) years. In case of vacancy
occurs, the person chosen shall fill the vacated position
only for the unexpired term of the said member.

5.9. Provincial/City/Municipal Council for Mental Health (P/C/M

CMH)

5.9.1 P/C/M CMH shall be established to carry out the

functions of the LGUs provided under 5.4 of this
guidelines.

5.10 Composition of the P/C/M CMH

Chairperson : Local Chief Executive

Co-Chair : Provincial Director, DOH (for the Province)
City/Municipal Health Officer (City & Mun.)
Members : Representatives of the following:
- DepEd
- DOLE
- DILG
- CHR (if any)
- CHED
- One (1) rep. from academe/research
- One (1) rep. from NGOs involved on
mental health issues

6.0 LEGAL BASIS

6.1 Republic Act 11036, National Mental Health Act;

 6.2 United Nations Declaration of Human Rights;
6.3 Convention on the Rights of Persons with Disability;
6.4 RA 7277, as amended, otherwise known as “Magna Carta for
Disabled Persons.”

7.0 ANNEXES

Annex A:

8.0 EFFECTIVITY

This JMC shall take effect immediately and shall remain in force unless
otherwise superseded or modified by subsequent policies or other
issuances.

FRANCISCO T. DUQUE III EDUARDO M. AŇO

Secretary, DOH Secretary, DILG