PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP

Dengue Prevention and Control  EPIDEMIOLOGY (WORLDWIDE)

 An estimated 50 million dengue infections occur
EPIDEMIOLOGY 
annually (Figure 1.2)
Approximately 2.5 billion people live in dengue
 Dengue is the fastest spreading vector-borne disease in
the world endemic in 100 countries· endemic countries
 Dengue virus has four serotypes (DENV1, DENV2, DENV3
and DENV4)
 First infection with one of the four serotypes usually is non-
severe or asymptomatic, while second infection with one
of other serotypes may cause severe dengue.
 Dengue has no treatment but the disease can be early
managed.
 The five year average cases of dengue is 185,008; five year
average deaths is 732; and five year average Case Fatality
Rate is 0.39 (2012-2016 data).

 DENGUE FEVER
 Illness caused by a bite of an infected Aedes
mosquito.
 Causing fever, weakness and bleeding in the
patient.
 There are 4 serotypes: 1, 2, 3, 4 thus one could
have dengue infection 4 times in his/her lifetime.

 DENGUE INFECTION: THE ILLNESS

 Fever


Headache
Joint or muscle pains
TRANSMISSION
 Dengue virus is transmitted by day biting Aedes aegypti
 Rashes and Aedes albopictus mosquitoes.
 Anorexia  Transmission: Human to human transmission via the bite of
 Vomiting an infected mosquito
 Abdominal pain
 Weakness  THE SPREAD
 Source: Man
 Host: Man
 Vector: Female Aedes mosquito
 Aedes aegypti : urban- city
 Aedes albopictus: rural- towns
 “Day-biters”- early morning until early evening
( 5-6 am and 4-6 pm)
 Flight range 200-400 meters radius

 DENGUE HEMORRHAGIC FEVER

 Danger signs:
 Rashes
 Epistaxis, gum bleed
Hypotesion

 Hematemesis  PERIOD OF COMMUNICABILITY
 Dark tarry stools or melena  Incubation Period: 3-14 days (ave. 5-7)
 Cold, clammy skin  Infectious period for the patient
 Sex, Age and Seasonal Distribution:  From the first day of fever
 Equal occurrence among males and females  Until the last day of the illness
 Usually < 15 yrs old (peak 2-10 yrs)  Infectious period for the mosquito
 Can occur as young as 6 months to as old as 80  8 - 12 days after a blood meal
 Cases increase 1-2 months from the start of the rainy  Until its lifetime
season

 GEOGRAPHIC DISTRIBUTION: The Aedes Mosquito

 Tropical countries, entire Philippines  Gentle landing and very soft biter
 Many cases and deaths due to:  Advanced anesthetic evolution! You cannot feel when
 Poor sanitation they bite
 Stagnant water esp. inside homes  No buzzing noise around ears


Increasing population
Mosquitoes can live up to 28 days  TRANSMISSION:
 Mosquitoes can bite 6 - 8
people/month
1
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 The dengue virus, when circulating in the blood
of viraemic humans, is ingested by female
mosquitoes during feeding.
 The virus then infects the mosquito midgut and
subsequently spreads systemically over a period
of 8 to 12 days.
 After this extrinsic incubation period, the virus
can be transmitted to other humans during
subsequent probing or feeding.
 The extrinsic incubation period is influenced in
part by environmental conditions, especially
ambient temperature.
 Thereafter, the mosquito remains infective for
the rest of its life.
 BREEDING AREAS AND TRANSMISSION:
 Immature stages are found in water-filled
habitats (e.g. water jugs, plant pots) that are
mainly associated with human dwellings).
 Most female Ae. aegypti mosquitoes spend their
lifetime in or around the houses where they
emerge as adults.
People rather than mosquitoes rapidly move the

virus within and between communities.
 Dengue outbreaks are often attributed to Ae.
albopictus and Ae. polynesiensis.
 LIFE CYCLE OF AEDES AEGYPTI:
 Adult mosquito: Female lays an average of 100–
120 eggs inside containers (above water) five
times in her lifetime.
 Eggs can survive for up to 6 months (so can
survive dry season).
 Eggs hatch when submerged in water; this
process takes less than 24 hours.
 It is important to not just empty water from
containers but also remove eggs; otherwise,
eggs will simply hatch when the container is
filled back up with rainwater.
 Larvae develop into pupae in approximately 6
days.
 Pupae develop into adults in another 2 days.
 The total time for development is dependent
upon water temperature and food supply, and
typically ranges from 4 to 10 days. Larvae die at
temperatures below 10°C and above 44°C .
The Dengue Virus
 DENV is a single-stranded RNA virus comprising four (4)
distinct serotypes (DENV 1-4 inclusive)
 All 4 serotypes cause the full spectrum of disease (from
asymptomatic to severe disease).
 Infection confers lifelong serotype-specific immunity (e.g.
someone infected with DENV-1 cannot be reinfected with
DENV-1).
 Infection confers short-term cross-immunity against other
serotypes (full protection for two months after infection with
DENV).
 A person can have four infections in his/her lifetime
Signs and Symptoms
 CLINICAL MANIFESTATIONS:
 Incubation period - approx. 4 - 7 days
 Wide spectrum of presentations from
asymptomatic to undifferentiated mild febrile
illness to classical dengue fever to more severe
disease, with or without plasma leakage and
organ impairment.
 Important to regard symptomatic dengue
infection as a systemic and dynamic disease
with clinical, haematological and serological
profiles changing from day to day
 Most patients recover following a self-limiting
infection but a small proportion progress to
severe disease, mostly characterised by plasma
leakage with or without haemorrhage
 After the incubation period, the illness starts
abruptly and follows three phases – febrile,
critical and recovery phase.
Phases of Dengue Infection
 FEBRILE PHASE
 Usually last 2-7 days
 Mild haemorrhagic manifestations like
petechiae and mucosal membrane bleeding
(e.g nose and gums) may be seen.
 Monitoring of warning signs is crucial to
recognize its progression to critical phase.
 Patients develop high grade fever suddenly,
which can last for two to seven days.
 Often with facial flushing, skin erythema,
generalised body ache, myalgia, arthralgia and
headache.
 Some with sore throat and conjunctival redness.
 Anorexia, nausea and vomiting are fairly
common at this stage.
Facial flushing Erythema
Sore throat Conjunctival redness
2
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 It is almost impossible to distinguish dengue from
non-dengue febrile diseases in this phase.
 These early clinical features are also not useful
for prediction of severe from non-severe cases.
 Therefore monitoring for warning signs and other
clinical parameters is paramount to identify
patients likely to progress to the critical phase.
 Though uncommon, massive vaginal bleeding
(in women of childbearing age) and
gastrointestinal bleeding may occur during this
phase
 The liver is often enlarged and tender after a
few days of fever and this may suggest DHF
 The earliest abnormality in the full blood count is
a progressive decrease in total white cell count,
which should alert the physician to a high
probability of dengue
 At the recovery phase, around 24 to 48 hours
after fever defevescence, plasma leakage
stops, followed by reabsorption of extravascular
fluid.
 Patients’ general condition improves, with return
of appetite, improvement in gastrointestinal
symptoms, haemodynamic status stabilises and
diuresis ensues.
 Some may experience generalised pruritus. HCT
(haematocrit) level stabilises or drops further
due to haemodilution following reabsorption of
extravascular fluid.
 Platelet count typically recovers earlier than
recovery of white cell count

 CRITICAL PHASE
 Occurs between the third and fifth day of illness,
when there is a rapid fall in temperature that
may coincide with an increase in capillary
permeability in some patients
 At this point, the patient will either become
better if there is no or minimal plasma leakage,
or worse if a critical volume of plasma is lost
which can lead to shock.
 Phase when patient can either improve or
deteriorate.
 Defervescence occurs between 3 to 7 days of
illness.
 Defervescence is known as the
period in which the body
temperature (fever) drops to almost
normal (between 37.5 to 38°C)
 Those who will improve after defervescence will WHO Dengue Case Classification
be categorized as Dengue without Warning WHO 2009 Case Classification and Levels of Severity of Dengue
Signs, while those who will deteriorate will Fever
manifest warning signs and will be categorized
as Dengue with Warning Signs or some may
progress to Severe Dengue.
 When warning signs occurs, severe dengue may
follow near the time of defervescence which
usually happens between 24 to 48 hours
 The critical phase lasts for about 24 to 48 hours.
 These circulatory changes may be minimal and
transient and many of these patients recover
spontaneously, or after a short period of fluid
replacement.
 In more severe plasma leakage, the patients
may develop symptoms such as sweating and
restlessness.
 There may be signs of cool extremities and
prolonged capillary refill time.
 Tachycardia, increase in diastolic blood
pressure and narrowing of pulse pressure as well
as abdominal pain, persistent vomiting, altered
 Dengue case classification and level of severity
 Dengue illness is categorized according to level
conscious level, clinical fluid accumulation,
mucosal bleed or tender enlarged liver are of severity as dengue without warning signs,
dengue with warning signs and severe dengue.
important clinical warning signs of severe
 Dengue without warning signs can be further
dengue and should alert clinicians to the high
classified according to signs and symptoms and
possibility of rapid progression to shock.
 The patient can deteriorate very quickly to laboratory tests as suspect dengue, probable
dengue and confirmed dengue
profound shock and death if fluid resuscitation is
not instituted promptly SUSPECT DENGUE
 A previously well individual with acute febrile illness of 1-
 RECOVERY PHASE 7 days duration plus two of the following:
 Happens in the next 48 to 72 hours in which the  Headache, body malaise, retro-orbital pain,
body fluids go back to normal. myalgia, arthralgia, anorexia, nausea, vomiting,
 Patients’ general well-being improves. diarrhea, flushed skin, rash (petechial,
 Some patients may have classical rash of “isles Hermann’s sign)
of white in the sea of red”. PROBABLE DENGUE
 The White Blood Cell (WBC) usually starts to rise  A suspect dengue case plus laboratory test:
soon after defervescence but the normalization  Dengue NS1 antigen test and
of platelet counts typically happens later than  At least CBC (leukopenia with or without
that of WBC. thrombocytopenia) or

3
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Dengue IgM antibody test (optional)
CONFIRMED DENGUE
 A suspect or probable dengue case with:
 positive result of viral culture and/or
 positive Polymerase Chain Reaction (PCR)
and/or
 positive Nucleic Acid Amplification Test- Loop
Mediated Amplification Assay (NAAT-
LAMP) and/ or
 positive Plaque Reduction Neutralization Test
(PRNT)
 Dengue with warning signs
 A previously well person with acute
febrile illness of 1-7 days plus any of
the following:
 abdominial pain
tenderness,


persistent vomiting,
clinical signs of fluid
accumulation (ascites),
 mucosal bleeding,
 lethargy or restlessness,
 liver enlargement,
 increase in haematocrit
and/or
 decreasing platelet count
 Severe Dengue
 Severe plasma leakage leading to:
 shock (DSS)
 fluid accumulation with
respiratory distress
 Severe bleeding - as evaluated by
clinician
 Severe organ impairment
 Liver: AST or ALT ≥ 1000
 CNS: e.g. seizures,
impaired consciousness
 Heart:and other organs
(i.e. myocarditis, renal
failure)
Management
 Based on patient type: A, B or C
GROUP A
 Patients who may be sent home.
 These are patients who are able to:
 Tolerate adequate volumes of oral fluids
 Pass urine every 6 hours
 Do not have any of the warning signs
particularly when the fever subsides
 Have stable haematocrit
GROUP B
Patients shall be referred immediately to in-hospital

management if they have the following conditions:
 Warning signs
 Without warning signs but with co-existing
conditions that may make dengue or its
management more complicated ( such as
pregnancy, infancy, old age, obesity, diabetes
mellitus, hypertension, heart failure, renal failure,
chronic haemolytic diseases such as sickle- cell
disease and autoimmune diseases, etc.)
 Social circumstances such as living alone or
living far from health facility or without a reliable
means of transportation.
 The referring facility has no capability to
manage dengue with warning signs and/or
severe dengue.
GROUP C
 These are patients with severe dengue who require
emergency treatment and urgent referral because they
are in the critical phase of the disease and have the
following:
 Severe plasma leakage leading to dengue
shock and/or fluid accumulation with respiratory
distress;
 Severe haemorrhages;
 Severe organ impairment (hepatic damage,
renal impairment, cardiomyopathy,
encephalopathy or encephalitis)
 Patients in Group C shall be immediately referred and
admitted in the hospital within 24 hours
Laboratory tests
 Dengue NS1 RDT
 Requested between 1-5 days of illness
 Use to detect dengue virus antigen during early
phase of acute dengue infection
or  Test is for free in all health centers and selected
public hospitals nationwide
 Dengue IgM / IgG
 Requested beyond five days of illness
 Use to detect dengue antibodies during acute
late stage of dengue infection (IgM) and to
determine previous infection (IgG)
 May give false positive result due to antibodies
induced by dengue vaccine
 May cross react with other arboviral diseases
such as Chikungunya and Zika
 DOH augmentation is limited to selected
government hospitals only
 Polymerase Chain Reaction (PCR)
 One of the gold standard laboratory tests to
confirm dengue virus.
 Molecular based test confirmatory test
 Available only in dengue sub-national and
national reference laboratories
 Nucleic Acid Amplification Test - Loop Mediated
Isothermal Amplification Assay (NAAT - LAMP)
 A novel molecular-based confirmatory test used
to detect dengue virus.
Work just like PCR but cheaper and simpler in

nature.
 In the pipeline to be introduced under the
National Dengue Prevention and Control
Program in district and provincial hospitals.
 Plaque Reduction Neutralization Test (PRNT)
 Gold standard to characterize and quantify
circulating level of anti-DENV neutralizing
antibody (NAb)
 Available only at the dengue national
reference laboratory
 CBC - Total WBC, Platelet, Hematocrit
 Routinely used in hospitals as standard dengue
diagnostic tests
 Look for trend of decreasing WBC, decreasing
platelet and increasing hematocrit
National Dengue Prevention and Control Program
 Vision: A dengue free Philippines
 Mission: Ensure healthy lives and promote well-being for all
at all ages
 Goal: To reduce the burden of dengue disease
 OBJECTIVES/ INDICATORS
 To reduce dengue morbidity by at least 25% by
2022
 Indicator: Morbidity rate
Morbidity rate
Number of suspect, probable and confirmed cases × 100,000
=
total population
4
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Baseline: 198.1 per 100,000
population
 2015 data:
200,145/100,981,437 x 
100,000
 To reduce dengue mortality by at least 50% by
2022
 Indicator: Mortality rate
Mortality rate
No. of dengue (probable & confirmed) deaths × 100,000
=
total population
 Baseline: 0.59 per 100,000
population
 2015 data:
598/100,981.437 x 100,100
 early detection, lab work-up (free cbc with
 To maintain Case Fatality Rate (CFR) to < 1%
every year
 Indicator: Case Fatality Rate (CFR)
No. of dengue (probable & confirmed) deaths × 100
CFR =
No. of probable and confirmed cases
 PROGRAM COMPONENTS
 Surveillance
 Case Surveillance through Philippine
Integrated Disease Surveillance and
Response (PIDSR)
 Laboratory-based surveillance/ virus
surveillance through Research
Institute for Tropical Medicine (RITM)
Department of Virology, as national
reference laboratory, and sub-
national reference laboratories.
 Vector Surveillance through DOH
Regional Offices and RITM
Department of Entomology
 Case Management and Diagnosis
 Dengue Clinical Management
Guidelines training for hospitals.
 Dengue NS1 RDT as forefont
diagnosis at the health center/ RHU
level.
 PCR as dengue confirmatory test
available at the sub-national and
national reference laboratories.
 NAAT-LAMP as one of confirmatory
tests will be available at district
hospitals, provincial hospitals and
DOH retained hospitals
 Integrated Vector Management (IVM)
 Training on Vector Management,
Training on Basic Entomology for
Sanitary Inspector, Training on
Integrated Vector Management (IVM)
for health workers.
 Insecticide Treated Screens (ITS) as
dengue control strategy in schools
 Outbreak Response
 Continuous DOH augmentation of
insectides such as adulticides and
larvicides to LGUs for outbreak
response
 Health Promotion and Advocacy
 Celebration of ASEAN Dengue Day
every June 15
 Quad media advertisement
 IEC materials
 Research
ENHANCED 4S Strategy
 S - earch and Destroy
 S - eek Early Consultation
 S - elf Protection Measures
 S - ay yes to fogging only during outbreaks
 Timely mass media and community-based information
campaigns on dengue control
 Pulong pulong sa Dengue
Distribution of IEC Materials
 Radio - DYAB, GMA, Bombo Radio
 TV - Interviews with CHD, DOH
 Newspaper - Sunstar, CDN, Freeman (News
updates)
 Internet - Facebook Page: Dengue Program -
Cebu City Health Department
 Early diagnosis and quality clinical care for dengue cases
 Encouraged patients to seek early consultation
especially those with 2 day fever and rashes
 At the health center, implemented a fast-lane
for pediatric patients with fever to facilitate
hematocrit and platelet count) and referral of
Dengue suspect cases (to CCMC or VSMMC) for
admission. The Dengue Protocol Form was used
in all suspect cases
 Risk-reduction interventions such as environmental
sanitation and removal of mosquito breeding places
 Search and Destroy Operations
 Larvicidal Operations
 Ultra low volume misting Operations (ULVM)
 Curtain Impregnation
 School Inspection
 Close coordination with NGOs
 Educating the community on self-protection
measures & sanitation
Dengue Protocol form
 INCLUSION CRITERIA
 Age >= 6 months
 History or presence of fever 2 - 7 days duration
 No obvious bacterial focus of infection
 Or without the above criteria but Dengue is
suspected
 Danger signs
 Spontaneous bleeding
 Sudden onset of abdominal pain
If YES,
 Seizures REFER for
 Restlessness
ADMISSION
 Change in sensorium
 Cold hands and feet
If NO,
 Dyspnea CHECK for
 Cyanosis OTHER SIGNS
 OTHER SIGNS
 Vomiting
 Abdominal pain
 RUQ Tenderness
 Hepatomegaly
 Flushing
5
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Rash
 (+) Tourniquet test  Give ORS at HOME
If YES, send for CBC (Check Hematocrit and Manual
Platelet count)
If NO other signs present, may send home and do
CLINICAL REASSESSMENT Daily

 Capillary refill time (CRT)

 Time taken for color to return to an external
capillary bed after pressure is applied to cause
blanching.
 Hold hand higher than heart-level and press the
soft pad of a finger or fingernail until it turns
white, then taking note of the time needed for
the color to return once pressure is released.
 Normal CRT is usually less than 2 seconds.
 In newborn infants, CRT can be measured by
pressing on the sternum for five seconds with a
finger or thumb, and noting the time needed for
the color to return once the pressure is released.
 The upper normal limit for capillary refill in  Home treatment
newborns is 3 seconds.  What should be done?
 Adequate bed rest
 Adequate fluid intake (>5 glasses for
average-sized adult or accordingly in
children)
 Mild, fruit juice (caution
with diabetes patient) and
isotonic electrolyte
solution (ORS) and barley/
rice water
 Plain water alone may
cause electrolyte
imbalance
 Take paracetamol (not more than 4
grams per day for adults and
accordingly in children)
 Tepid sponging
 Look for mosquito breeding in places
 Normal: < 2 secs in and around the home and
 Abnormal: > 2 secs eliminate them
 A prolonged capillary refill time may be a sign of
shock and can also indicate dehydration and  Management of Dengue
decreased peripheral perfusion. Fever  Paracetamol
 Prolonged capillary refill time may also suggest  Avoid aspirin, NSAIDs
Peripheral Vascular Disease. Headache, muscle pains  Paracetamol
 It is generally accepted that the test is affected Vomiting and dehydration  Oral fluids/ oresol/ juices
by many different external factors and therefore Bleeding/ shock  Transport to hospital
should not be relied upon as a universal ASAP!
diagnostic measure.

 CBC RESULTS  Reminder: Bring child to the doctor/clinic every day until
fever subsides and he/she is no longer weak
Platelet Count Hematocrit Management

<150,000 >= 40 vol% Refer for ADMISSION

Preventive measures
>=150,000 <40 vol% 1) May send home
 INTENSIFY INFORMATION DESSIMINATION
 Pulong-pulong with the mayor
 Clean up drives
2) Do clinical reassessment  Posting of IEC materials

3) Hematocrit and Platelet c

 4S on the prevention and control of dengue fever
ount daily infections
 S - earch and Destroy
 For patients monitored daily, check for:  S - eek Early Consultation
 Temperature  S - elf Protection Measures
 Quality of pulse - poor, fair, strong  S - ay yes to fogging only during outbreaks
 Respiratory rate
 Pulse pressure (Systolic - Diastolic BP)  Top 5 Breeding Habitats at Home
 Hematocrit  Domestic containers
 Platelet count  Flower pot plates/ trays
 For patients sent home, teach patient or mother:  Ornamental containers
 Oral home fluid management  Plants (hardened soil and plant axils)
 Signs to watch for  Toilet bowel/cistern

6
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Aircon tray

 What to do when one has signs and symptoms of dengue?

 Drink plenty of fluids
 If fever persists for 2 days, consult a doctor
immediately
 Sponging and take paracetamol
 Do not take aspirin (it may lead to bleeding
and/or gastric irritation)

 Ultra Low Volume Misting

 The chemicals dispersed in this type of machine
are more concentrated than the chemicals
used in other spraying equipment, which also
increases the killing efficiency.
 Other advantages of ULV misting machines
includes lower risks of injury due to the fog cloud
being nearly invisible, low volumes of carrier
chemicals, lower application cost and low noise
levels.
 Unfavorable aspects of these machines may
include longer application times, wind drift, high
concentrations of active ingredients causing
environmental hazards, and the requirement of
higher technical skills for calibration of the
machines

 Larvicidal application
 Curtain impregnation

 Environmental Sanitation/ Mosquito Control

 Thoroughly clean and cover water containers.
 Proper garbage disposal
 Clean roof gutters
 Put 3A’s- Asin(salt), Alcohol, Aciete(cooking oil)
to stagnant water

 Breeding places of Aedes mosquitoes

Aedes aegypti Aedes albopictus
(artificial containers) (Natural containers)
 Flower vases  Tree holes
 Earthen jars  Bamboo stumps
 Concrete water tanks  Coconut shells/ husks
 Discarded vehicle tires  Leaf axils
 Ant traps  Ground/ rock holes
 Drums  Ground w/c can
 Water barrels accumulate water up to
 Tin cans 7 days
 Any other containers w/c
can accumulate water
up to 7 days

 Potential breeding grounds

 Flower pots
 Flower pot plates
 Plant axils
 Hardened soil of potted plants
 Tree holes
 Ant trap
 Used tire
 Collar of toilet bowl
 Roadside drain
 Barbeque pit

7
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
National Voluntary Blood Services Program
(NVBSP)
Republic Act No. 7719
 National Blood Services Act of 1994
 An act promoting Voluntary Blood Donation, providing for
an adequate supply of safe blood, regulating blood banks,
and providing penalties for violations thereof
 Promotes voluntary blood donation to provide sufficient
supply of safe blood and to regulate blood banks.
 This act aims to inculcate public awareness that blood
donation is a humanitarian act
National Voluntary Blood Services Program (NVBSP DOH)
 Targeting the youth as volunteers in its blood donation
program.
 In accordance with RA No. 7719, it aims to create public
consciousness on the importance of blood donation in
saving the lives of millions of Filipinos
Statistics
 Based from the data from the National Voluntary Blood
Services Program, a total of 654,763 blood units were
collected in 2009.
 Fifty-eight percent of which was from voluntary blood
donation and the remaining from replacement donation.
 In 2010, particular provinces have already achieved 100%
voluntary blood donation.
 The DOH is hoping that many individuals will become
regular voluntary unpaid donors to guarantee sufficient
supply of safe blood and to meet national blood
necessities.
Mission
 Blood Safety
 Blood Adequacy
 Rational Blood Use
 Efficiency of Blood Services
Goals
 The National Voluntary Blood Services Program (NVBSP)
aims to achieve the following:
 Development of a fully voluntary blood
donation system;
 Strengthening of a nationally coordinated
network of BSF to increase efficiency by
centralized testing and processing of blood;
 Implementation of a quality management
system including of Good Manufacturing
Practice GMP and Management Information
System (MIS);
 Attainment of maximum utilization of blood
through rational use of blood products and
component therapy; and
 Development of a sound, viable sustainable
management and funding for the nationally
coordinated blood network
Republic Act No. 7719
 AN ACT PROMOTING VOLUNTARY BLOOD DONATION,
PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD,
REGULATING BLOOD BANKS, AND PROVIDING PENALTIES
FOR VIOLATION THEREOF
Sec 1. Title
This Act shall be known as the “National Blood Services Act of
1994”
Sec 2. Declaration of Policy
In order to promote public health, it is hereby declared the
policy of the State:
a) to promote and encourage voluntary blood donation by
the citizenry and to instill public consciousness of the
principle that blood donation is a humanitarian act
b) to lay down the legal principle that the provision of blood
for transfusion is a professional medical service and not a
c)
sale of a commodity
to provide for adequate, safe, affordable and equitable
distribution of supply of blood and blood products
d) to inform the public of the need for voluntary blood
donation to curb the hazards caused by the commercial
sale of blood
e) to teach the benefits and rationale of voluntary blood
donation in the existing health subjects of the formal
education system in all public and private schools, in the
elementary, high school and college levels as well as the
non-formal education system
f) to mobilize all sectors of the community to participate in
mechanisms for voluntary and non-profit collection of
blood
g) to mandate the Department of Health to establish and
organize a National Blood Transfusion Service Network in
order to rationalize and improve the provision of adequate
and safe supply of blood
h) to provide for adequate assistance to institutions
promoting voluntary blood donation and providing non-
profit blood services, either through a system of
reimbursement for costs from patients who can afford to
pay, or donations from governmental and non-
governmental entities
i) to require all blood collection units and blood
banks/centers to operate on a non-profit basis
j) to establish scientific and professional standards for the
operation of blood collection units and blood
banks/centers in the Philippines
k) to regulate and ensure the safety of all activities related to
the collection, storage and banking of blood; and
l) to require upgrading of blood banks/centers to include
preventive services and education to control spread of
blood transfusion transmissible diseases
Sec 3. Definitions
a) Blood/blood product – refers to human blood, processed
or unprocessed and includes blood components, its
products and derivatives
b) Blood bank/center – a laboratory or institution with the
capability to recruit and screen blood donors, collect,
process, store, transport and issue blood for transfusion and
provide information and/ or education on blood
transfusion transmissible diseases
c) Commercial blood bank – a blood bank that exists for
profit
d) Hospital-based blood bank – a blood bank which is
located within the premises of a hospital and which can
perform compatibility testing of blood
e) Blood collection unit – an institution or facility duly
authorized by the Department of Health to recruit and
screen donors and collect blood
f) Voluntary blood donor – one who donates blood on one’s
own volition or initiative and without monetary
compensation
g) Department – the Department of Health
h) Blood transfusion transmissible diseases – diseases which
may be transmitted as a result of blood transfusion,
including AIDS, Hepatitis-B, Malaria and Syphilis
i) Secretary of Health – the Secretary of Health or any other
person to whom the Secretary delegates the responsibility
of carrying out the provisions of this Act; and
j) Walking Blood Donor – an individual included in the list of
qualified voluntary blood donors referred to in Section 4,
paragraph (e), who is ready to donate blood when
needed in his/her community
Sec 4. Promotion of Voluntary Blood Donation
In order to ensure adequate supply of human blood, voluntary
blood donation shall be promoted through the following:
a) Public Education. – Through an organized and sustained
nationwide public education campaign by the
Department, the Philippine National Red Cross (PNRC) and
the Philippine Blood Coordinating Council (PBCC), as the
8
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
lead agencies, other government agencies, local
government units (particularly the barangays), non-
governmental organizations, all medical organizations, all
public and private hospitals, all health and health-related
institutions, print and broadcast media as well as other
sectors. The Department is hereby authorized to set aside
funds and generate financial support for all sectors
involved in the collection and processing of blood from
voluntary blood donors through a system of reimbursement
for costs for patients who can afford to pay or from
donations from government and private institutions.
Voluntary donors shall likewise be provided non monetary
incentives as may be determined by the Department
b) Promotion in Schools. – The benefits and rationale of
voluntary blood donation shall be included and given
emphasis in health subjects of schools, both public and
private, at the elementary, high school and college levels.
The Department of Education, Culture and Sports shall also
require such inclusion in its non-formal education curricula
c) Professional Education. – The Department, the PBCC, the
Philippine Society of Hematology and Blood Transfusion
(PSHBT), the Philippine Society of Pathologists (PSP), the
Philippine Medical Association (PMA), the Philippine
Association of Medical Technologists (PAMET) and the
Philippine Nursing Association (PNA) are encouraged to
conduct for their respective members and as part of the
continuing medical education, trainings on the rational use
of blood and blood products including the merits of
voluntary blood donation
d) Establishment of Blood Services Network. – Blood centers
shall be strategically established in every province and city
nationwide within the framework of a National Blood
Transfusion Service Network spearheaded by the
Department, in coordination with the PNRC. The collection
of blood in various areas in the community, such as
schools, business enterprises, barangays, and military
camps shall be promoted.
The Secretary shall set the standards for the scientific and
professional establishment and operation of blood
banks/centers and collection units. The Department shall
provide training programs and technical assistance to
enable communities, schools, industrial and business sites,
barangays, military camps and local government units to
implement their own voluntary blood donation programs
e) Walking Blood Donors. – In areas where there may be
inadequate blood banking facilities, the walking blood
donor concept shall be encouraged and all government
hospitals, rural-health units, health centers and barangays
in these areas shall be required to keep at all times a list of
qualified voluntary blood donors with their specified blood
typing
Sec 5. National Voluntary Blood Services Program
The Department, in cooperation with the PNRC and PBCC and
other government agencies and non-governmental
organizations shall plan and implement a National Voluntary
Blood Services Program (NVBSP) to meet in an evolutionary
manner, the needs for blood transfusion in all regions of the
country. Funds for this purpose shall be provided by the
Government through the budgetary allocation of the
Department, by the Philippine Charity Sweepstakes Office
(PCSO) with an initial amount of at least Twenty-five million pesos
(P25,000,000), by the Philippine Amusement and Gaming
Corporation (PAGCOR) with an initial amount of at least Twenty-
five million pesos (P25,000,000), by the trust liability account of
the Duty Free Shop (Duty Free Philippines) with an initial amount
of at least Twenty million pesos (P20,000,000) and through
contributions of other agencies such as civic organizations
Sec 6. Upgrading of Services and Facilities
 All blood banks/ centers shall provide preventive health
services such as education and counselling on blood
transfusion transmissible diseases. All government hospitals,
including those that have been devolved, shall be required
to establish voluntary blood donation programs and all
private hospitals shall be encouraged to establish voluntary
blood donation programs
 The Department, in consultation with the PSHBT and the
PSP, shall also establish guidelines for the rational use of
blood and blood products
Sec 7. Phase out of Commercial Blood Banks
AH commercial blood banks shall be phased-out over a period
of two (2) years after the effectivity of this Act, extendable to a
maximum period of two (2) years by the Secretary
Sec 8. Non-profit Operation
All blood banks/centers shall operate on a non-profit
basis: Provided, That they may collect service fees not greater
than the maximum prescribed by the Department which shall be
limited to the necessary expenses entailed in collecting and
processing of blood. Blood shall be collected from healthy
voluntary donors only
Sec 9. Regulation of Blood Sciences
It shall be unlawful for any person to establish and operate a
blood bank/center unless it is registered and issued a license to
operate by the Department: Provided, That in case of
emergencies, blood collection and transfusion under the
responsibility of the attending physician shall be allowed in
hospitals without such license under certain conditions
prescribed by the Department. No license shall be granted or
renewed by the Department for the establishment and
operation of a blood bank/ center unless it complies with the
standards prescribed by the Department. Such blood
bank/center shall be under the management of a licensed and
qualified physician duly authorized by the Department
Sec 10. Importation of Blood Bank Equipment, Blood Bags and
Reagents
Upon the effectivity of this Act, equipment, blood bags and
reagents used for the screening and testing of donors, collection
and processing and storage of blood shall be imported tax-and
duty-free by the PNRC, blood banks and hospitals participating
actively in the National Voluntary Blood Services Program. This
provision shall be implemented by the rules and regulations to
be promulgated by the Department in consultation and
coordination with the Department of Finance
Sec 11. Rules and Regulations
The implementation of the provisions of this Act shall be in
accordance with the rules and regulations to be promulgated
by the Secretary, within sixty (60) days from the approval hereof.
The existing Revised Rules and Regulations Governing the
Collection, Processing and Provision of Human Blood and the
Establishment and Operation of Blood Banks shall remain in force
unless amended or revised by the Secretary. The rules and
regulations shall prescribe from time to time the maximum
ceiling for fees for the provision of blood, including its collection,
processing and storage, professional services and a reasonable
allowance for spoilage
Sec 12. Penalties
 Upon complaint of any person and after due notice and
hearing, any blood bank/center which shall collect
charges and fees greater than the maximum prescribed
by the Department shall have its license suspended or
revoked by the Secretary.
 Any person or persons who shall be responsible for the
above violation shall suffer the penalty of imprisonment of
not less than one (1) month nor more than six (6) months, or
a fine of not less than Five thousand pesos (P5,000) nor
more than Fifty thousand pesos (P50,000), or both at the
discretion of the competent court
 Any person who shall establish and operate a blood bank
without securing any license to operate from the
Department or who fails to comply with the standards
prescribed by the Department referred to in Section 9
hereof shall suffer the penalty of imprisonment of not less
than twelve (12) years and one (1) day nor more than
twenty (20) years or a fine of not less than Fifty thousand
pesos (P50.000) nor more than Five hundred thousand
pesos (P500,000), or both at the discretion of the
competent court
 The Secretary, after due notice and hearing, may impose
administrative sanctions such as, but not limited to, fines,
suspension, or revocation of license to operate a blood
bank/center and to recommend the suspension or
revocation of the license to practice the profession when
9
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
applicable  The only way to be totally safe: NOT TO BE
 The head of the blood bank and the necessary trained TRANSFUSED
personnel under the head’s direct supervision found
responsible for dispensing, transfusing and failing to  WHO Strategies for Blood Safety
dispose, within forty-eight (48) hours, blood which have  Establishment of National Blood Program
been proven contaminated with blood transfusion  R.A. 7719- NVBSP
transmissible diseases shall be imprisoned for ten (10) years.  Moving towards 100% VBD, decreasing
This is without prejudice to the filing of criminal charges family/replacement donations, eliminating paid
under the Revised Penal Code donations
Sec 13. Separability Clause  Quality assured testing
If any provision of this Act is declared invalid, the other provisions  Qualified agency w/ qualified
hereof not affected thereby shall remain in force and effect personnel
Sec 14. Repealing Clause  Quality testing method with quality
This Act shall supersede Republic Act No. 1517 entitled “Blood procedures
Bank Act.” The provisions of any law, executive order,  Safe use of blood
presidential decree or other issuances inconsistent with this Act
are hereby repealed or modified accordingly
 The Infection Markers
 WHO minimum recommendation, all donated
Sec 15. Effectivity Clause
blood screened for:
This Act shall take effect after fifteen (15) days following its  HIV
publication in the Official Gazette or in two (2) national  Hepatitis B
newspapers of general circulation  Hepatitis C
 Syphilis
Why Voluntary Blood Donation?  Other infections- defined by national
screening policy - Malaria
 BLOOD TRANSFUSION  How safe is our blood supply?
 Is life saving w/ increasing clinical demands
 Transmission risks
 Blood need is unpredictable
 95-100% for HIV
 Emergencies - death if not transfused
 HBV - greater threat
within 24 hours
 HCV - growing threat
 MOST EFFICIENT way of disease transmission
 Prevalence of Infection Markers in donated
 Not all can qualify to donate but all are
blood
potential users of blood: EVERYBODY is at risk
 Indicator of relative risk of TTI
 Millenium Development Goals  Affects availability of blood:
 R7BC in 2016: 722 units
 Sept 2000 by 189 countries
 8 Millennium Development Goals for 2015 disposed from 15,600
 Directly health related: collection
 Waste worth over P866,400
 Goal 4: Reduce child mortality


Goal 5: Improve maternal health
Goal 6: Combat HIV/AIDS, malaria,
 RITM DATA ON HIV (+) CONFIRMED BLOOD DONORS (2005-2011)
other diseases
 Voluntary Blood Donation contributes to MDG:
access to safe blood

 THE DUAL CHALLENGE

 BLOOD SUPPLY SUFFICIENCY & SAFETY

 BLOOD SUPPLY SUFFICIENCY & SAFETY

 WHO: 1% (10/1,000) of population
 Estimated minimum basic needed
 other countries 5% or >
 Region VII in 2011 - 8.2/1,000 pop
 Other regions- 1%>
 Determined by:
 Capacity of the health care system
 Population coverage of health care
 Medical/surgical procedures
 Trauma care
 Management of blood disorders
 Ageing population requiring more
medical care
 Rational blood use
 Cebu-Bohol- NegOr-Siquijor
 FACTS ON BLOOD SAFETY
 Standards of safety: VERY STRINGENT
 Collection, processing handling
 Testing: :infections, crossmatching,
etc
 Transfusion practices: right product
for the right patient
 THE DONOR
 Despite Safety Strategies:
NOT 100% RISK FREE
 Risk of TTI
 Insufficient public information and education
regarding voluntary donation and blood safety
 Poor donor selection procedures
 Risk of “window period” infection
 Unreliable supplies of test kits/reagent
 Inadequate staff training
 Poor lab testing of donated blood
 Lack of quality systems
 BLOOD SAFETY: Integrated approach
 Voluntary blood donation
 Promoting a healthy community
 Identification of the low-risk
population
 Donor recruitment and pre-screening
 Stringent donor selection procedures-

10
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Pre-donation interview, counseling
and P.E. Family/Replacement vs Voluntary Donation
 Screening of all donated blood for TTI- QUALITY ADVANTAGE CRI FAMILY / REPLACEM VOLUNTARY DONA
methods and procedures TERIA ENT DONATION TION
 Rational use of blood
 The quality of blood significantly depends on the source:
THE DONOR Donor Safety Undue influence- Better disclosure of
more likely to donat donor health statu
 3 types of blood donors e even if unsuitable s
 Paid or commercial blood donors
 Give blood in return for money or Donor right to c Less protected Better protected b
other forms of payment onfidentiality y BSF
 Highly likely to withhold info on why
they may be unsuitable to donate Patient Safety More likely to donat Lower TTI prevalen
blood, to protect “income” from e even if unsuitable; ce and relative risk
donation Higher TTI prevalen
 Evidences are clear - source of ce and relative risk
UNSAFE blood
 Family/Replacement blood donors Convenience Stressful for family a Most convenient f
 Donate in response to request or nd even the donor or the patient’s fa
requirement by the hospital mily and the donor
 Coercion, psychological pressure, Forever “naka-
undue influence utang ug kabobot-
 Family may pay others to donate on”
 HIDDEN PAID DONATIONS
 Unlikely to disclose reasons why they Financial burden Vulnerable to com Only necessary co
may not be suitable to donate mercial donors, cult st for quality blood
 Higher prevalence of TTIs ure of “ka- product
 Requirement of providing donors: ikog” leads to remu
 Stress on the family or nerations that adds
patient cost to patient
 Pressure on clinicians to
transfuse, even if Promotion of Chance of Patient’s family
ultimately not necessary VBD converting to VBD can be motivated
 Voluntary, Non-Remunerated Blood Donor to help promote
(VNRBD) VBD
 A person who donates blood out of
his own free will and receives no Timeliness Entire process takes Blood unit “pre-
payment for it, no cash nor kind, no time positioned” prior to
substitutes of money including time the patient’s need
off work other than those needed for
the donation Availability & Can’t be planned Developed &
 Not under pressure- will not feel sustainability out and coordinated for
deprived of anything if unsuitable for coordinated available supply
donation entire year
 Donate blood for altruistic reasons-
puts in TOP priority- the welfare of BSF factors Donor selection Quality
patient process less reliable- procedures for
 Clear evidences: lower TTI increase likelihood entire process
prevalence of “WINDOW better adhered
 Entrust their blood donation to be PERIOD “ donation
used as needed, rather than for Unit testing
specific patients More time
 More likely to donate on regular basis pressured
 REGULAR VOLUNTARY DONORS
 Donate at regular intervals Higher time and
 Are better informed, with reinforced healthy cost addressing
lifestyles: donor issues
 Increase appropriate self-deferrals
 Reduced need for temp & Pre-donation testing
permanent deferrals
 Decrease discard of seropositive Ethics Ethical gray zones Conforms to
blood units highest ethical
 Are more effective donor educators/recruiters principles &
 MORE RESPONSIBLE BLOOD DONORS standards
 Main Arm of the NVBSP for safe blood supply
 Community based voluntary,
non-remunerated blood donation
 Not only to increase blood collection
 But more to decrease the gap between
the supply & demand

11
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP

 WINDOW PERIOD Newborn Screening Act of 2004 (RA 9288)

 The Comprehensive Newborn Screening (NBS) Program
was integrated as part of the country’s public health
delivery system with the enactment of the Republic Act no.
9288 otherwise known as Newborn Screening Act of 2004.
 The Department of Health (DOH) acts as the lead agency
in the implementation of the law and collaborates with
other National Government Agencies (NGA) and key
stakeholders to ensure early detection and management
of several congenital metabolic disorders, which if left
untreated, may lead to mental retardation and/or death.
 Early diagnosis and initiation of treatment, along with
 Adequate and sustainable blood supply: THROUGH appropriate long-term care help ensure normal growth
COORDINATED BLOOD COLLECTION & DISTRIBUTION and development of the affected individual.
 It has been an integral part of routine newborn care in
 ONE NATION, ONE BLOOD, SHARE most developed countries for five decades, either as a
health directive or mandated by law.
 It is also a service that has been available in the Philippines
since 1996.
 Under the DOH, NBS is part of the Child Development and
Disability Prevention Program at the Disease Prevention
and Control Bureau.

VISION
 The National Comprehensive Newborn Screening System
envisions:
 All Filipino children will be born healthy and well,
 With an inherent right to life, endowed with
human dignity; and
 Reaching their full potential with the right
opportunities and accessible resources

Mission
 To ensure that all Filipino children will have access to and
avail of total quality care for the optimal growth and
development of their full potential

GOAL
 To reduce preventable deaths of all Filipino newborns due
to more common and rare congenital disorders through
timely screening and proper management

Program Objectives
 By 2030, all Filipino newborns are screened
 Strengthen Quality of service and intensify monitoring and
evaluation of NBS implementation
 Sustainable financial scheme
 Strengthen patient management

 Common blood supply: sourced out from the

communities, organizations,
agencies
Program Components
institutions,  Operations / Systems and Network
 Service Delivery
 Strengthen health promotion/Alliance building for ENBS
 Efficient data management
 Monitoring and Evaluation
 Financing Scheme

Target Population
 Filipino newborns

Area of Coverage
 Nationwide

Partner Institutions
 The following institutions/units and bodies are the primary
partners of DOH-Family Health Office at the national level
to ensure that appropriate policies, standards, logistics and
technical assistance are available to all implementing units:
12
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 National Technical Working Group for Newborn
Screening (NTWG- NBS)
 National Institutes of Health (NIH)
 Newborn Screening Reference Center (NSRC)
 Epidemiology Bureau (EB)
 Health Facilities and Services Regulatory Bureau
(HFSRB)
 Health Facility Development Bureau (HFDB)
 National Center for Health Promotion (NCHP)
 NIH - Institute of Human Genetics (NIH-IHG)
 Department of the Interior and Local
Government (DILG)
 Council for the Welfare of Children (CWC)
 Philippine Health Insurance Corporation
(PhilHealth)
Policies and Laws
 Republic Act No. 9288 or the Newborn Screening Act of
2004
 Administrative Order No. 2018-0025: National Policy and
Strategic Framework on Expanded Newborn Screening for
2017-2030
 Administrative Order No. 2014-0045 or the Guidelines on
the Implementation of the Expanded Newborn Screening
Program
Republic Act 9288
 AN ACT PROMULGATING A COMPREHENSIVE POLICY AND
A NATIONAL SYSTEM FOR ENSURING NEWBORN SCREENING
 April 7 2004
Sec 1 Title
This Act shall be known as the "Newborn Screening Act of 2004
Sec 2 Declaration of Policy
It is the policy of the State to protect and promote the right to
health of the people, including the rights of children to survival
and full and healthy development as normal individuals. In
pursuit of such policy, the State shall institutionalize a national
newborn screening system that is comprehensive, integrative
and sustainable, and will facilitate collaboration among
government and non-government agencies at the national and
local levels, the private sector, families and communities,
professional health organizations, academic institutions, and
non-governmental organizations. The National Newborn
Screening System shall ensure that every baby born in the
Philippines is offered the opportunity to undergo newborn
screening and thus be spared from heritable conditions that can
lead to mental retardation and death if undetected and
untreated
Sec 3 Objectives
a) To ensure that every newborn has access to newborn
screening for certain heritable conditions that can result in
mental retardation, serious health complications or death if
left undetected and untreated;
b) To establish and integrate a sustainable newborn
screening system within the public health delivery system;
c) To ensure that all health practitioners are aware of the
advantages of newborn screening and of their respective
responsibilities in offering newborns the opportunity to
undergo newborn screening; and
d) To ensure that parents recognize their responsibility in
promoting their child's right to health and full development,
within the context of responsible parenthood, by
protecting their child from preventable causes of disability
and death through newborn screening.
Sec 4 Definitions
a) Comprehensive Newborn Screening System means a
newborn screening system that includes, but is not limited
to, education of relevant stakeholders; collection and
biochemical screening of blood samples taken from
newborns; tracking and confirmatory testing to ensure the
accuracy of screening results; clinical evaluation and
biochemical/medical confirmation of test results; drugs
and medical/surgical management and dietary
supplementation to address the heritable conditions; and
evaluation activities to assess long term outcome, patient
compliance and quality assurance
b) Follow-up means the monitoring of a newborn with a
heritable condition for the purpose of ensuring that the
newborn patient complies fully with the medicine of
dietary prescriptions
c) Health institutions mean hospitals, health infirmaries, health
centers, lying-in centers or puericulture centers with
obstetrical and pediatric services, whether public or
private
d) Healthcare practitioner means physicians, nurses,
midwives, nursing aides and traditional birth attendants
e) Heritable condition means any condition that can result in
mental retardation, physical deformity or death if left
undetected and untreated and which is usually inherited
from the genes of either or both biological parents of the
newborn
f) NIH means the National Institute of Health
g) Newborn means a child from the time of complete delivery
to 30 days old
h) Newborn Screening means the process of collecting a few
drops of blood from the newborn onto an appropriate
collection card and performing biochemical testing for
determining if the newborn has a heritable condition
i) Newborn Screening Center means a facility equipped with
a newborn screening laboratory that complies with the
standards established by the NIH and provides all required
laboratory tests and recall/follow-up programs for
newborns with heritable conditions
j) Newborn Screening Reference Center means the central
facility at the NIH that defines testing and follow-up
protocols, maintains an external laboratory proficiency
testing program, oversees the national testing database
and case registries, assists in training activities in all aspects
of the program, oversees content of educational materials
and acts as the Secretariat of the Advisory Committee on
Newborn Screening
k) Parent education means the various means of providing
parents or legal guardians information about newborn
screening
l) Recall means a procedure for locating a newborn with a
possible heritable condition for purposes of providing the
newborn with appropriate laboratory to confirm the
diagnosis and, as appropriate, provide treatment
m) Treatment means the provision of prompt, appropriate and
adequate medicine, medical, and surgical management
or dietary prescription to a newborn for purposes of
treating or mitigating the adverse health consequences of
the heritable condition
Sec 5 Obligation to Inform
Any health practitioner who delivers, or assists in the delivery, of
a newborn in the Philippines shall, prior to delivery, inform the
parents or legal guardian of the newborn of the availability,
nature and benefits of newborn screening. Appropriate
notification and education regarding this obligation shall be the
responsibility of the Department of Health (DOH)
Sec 6 Performance of Newborn Screening
Newborn screening shall be performed after twenty-four (24)
hours of life but not later than three (3) days from complete
delivery of the newborn. A newborn that must be placed in
intensive care in order to ensure survival may be exempted from
the 3-day requirement but must be tested by seven (7) days of
age. It shall be the joint responsibility of the parent(s) and the
practitioner or other person delivering the newborn to ensure
that newborn screening is performed. An appropriate
informational brochure for parents to assist in fulfilling this
responsibility shall be made available by the Department of
Health and shall be distributed to all health institutions and
made available to any health practitioner requesting it for
appropriate distribution
Sec 7. Refusal to be Tested
A parent or legal guardian may refuse testing on the grounds of
religious beliefs, but shall acknowledge in writing their
understanding that refusal for testing places their newborn at risk
for undiagnosed heritable conditions. A copy of this refusal
13
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
documentation shall be made part of the newborn's medical
record and refusal shall be indicated in the national newborn
screening database
Sec 8. Continuing Education, Re-education and Training Health
Personnel
The DOH, with the assistance of the NIH and other government
agencies, professional societies and non-government
organizations, shall: (i) conduct continuing information,
education, re-education and training programs for health
personnel on the rationale, benefits, procedures of newborn
screening; and (ii) disseminate information materials on newborn
screening at least annually to all health personnel involved in
material and pediatric care
Sec 9. Licensing and Accreditation
The DOH and the Philippine Health Insurance Corporation (PHIC)
shall require health institutions to provide newborn screening
services as a condition for licensure or accreditation
Sec 10 Lead Agency
The DOH shall be the lead agency in implementing this Act. For
purposes of achieving the objectives of this Act, the DOH shall:
a) Establish the Advisory Committee on Newborn Screening:
b) Develop the implementing rules and regulations for the
immediate implementation of a nationwide newborn
screening program within one hundred eight (180) days
from the enactment of this Act;
c) Coordinate with the Department of the Interior and Local
Government (DILG) for implementation of the newborn
screening program;
d) Coordinate with the NIH Newborn Screening Reference
Center for the accreditation of Newborn Screening
Centers and preparation of defined testing protocols and
quality assurance programs
Sec 11. Advisory Committee on Newborn Screening
 To ensure sustained inter-agency collaboration, the
Advisory Committee on Newborn Screening is hereby
created and made an integral part of the Office of the
Secretary of the DOH. The Committee shall review annually
and recommend conditions to be included in the newborn
screening panel of disorders; review and recommend the
newborn screening fee to be charged by Newborn
Screening Centers; review the report of the Newborn
Screening Reference Center on the quality assurance of
the National Screening Centers and recommend
corrective measures as deemed necessary.
 The Committee shall be composed of eight (8) members,
including the Secretary of Health who shall act as
Chairman. The other members of the Committee shall be
as follows: (i) the Executive Director of the NIH, who shall
act as Vice Chairperson; (ii) an Undersecretary of the DILG;
(iii) the Executive Director of the Council for the Welfare of
Children (iv) the Director of the Newborn Screening
Reference Center; and (v) three (3) representatives
appointed by the Secretary of Health who shall be a
pediatrician, obstetrician, endocrinologist, family physician,
nurse or midwife, from either the public or private sector.
The three (3) representatives shall be appointed for a term
of three (3) years, subject to their being reappointed for
additional three (3) years period for each extension
 The Committee shall meet at least twice a year. The NIH
shall serve as the Secretariat of the Committee
Sec 12. Establishment and Accreditation of Newborn Screening
Centers
The DOH shall ensure that Newborn Screening Centers are
strategically located in order to be accessible to the relevant
public and provide services that comply with the standards
approved by the Committee upon the recommendation of the
NIH. No Newborn Screening Center shall be allowed to operate
unless it has been duly accredited by the DOH based on the
standards set forth by the Committee. At a minimum, every
Newborn Screening Center shall:
 have a certified laboratory performing all tests included in
the newborn screening program,
 have a recall/follow up programs for infants found positive
for any and all of the heritable conditions;
 be supervised and staffed by trained personnel who have
been duly qualified by the NIH; and
 submit to periodic announced or unannounced
inspections by the Reference Center in order to evaluate
and ensure quality Newborn Screening Center
performance
Sec 13. Establishment of a Newborn Screening Reference Center
The NIH shall establish a Newborn Screening Reference Center,
which shall be responsible for the national testing database and
case registries, training, technical assistance and continuing
education for laboratory staff in all Newborn Screening Centers
Sec 14. Quality Assurance
The NIH Newborn Screening Reference Center shall be
responsible for drafting and ensuring good laboratory practice
standards for newborn screening centers, including establishing
an external laboratory proficiency testing and certification
program. It shall also act as the principal repository of technical
information relating to newborn screening standards and
practices, and shall provide technical assistance to newborn
screening centers needing such assistance
Sec 15. Database
All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of
patient databases. The NIH Newborn Screening Reference
Center shall maintain a national database of patients tested
and a registry for each condition. It shall submit reports annually
to the Committee and to the DOH on the status of and relevant
health information derived from the database. A plan for long-
term outcome evaluation of newborn screening utilizing the
cases registries shall be developed within one (1) year of
passage of this Act by the NIH Newborn Screening Reference
Center in consultation with the Advisory Committee on Newborn
Screening. Implementation of this plan shall become a
responsibility of the Advisory Committee on Newborn Screening
Sec 16. Newborn Screening Fees
 The PHIC shall include cost of newborn screening in its
benefits package. The newborn screening fee shall be
applied to, among others, testing costs, education, sample
transport, follow-up and reasonable overhead expenses
 To ensure sustainability of the National System for Newborn
Screening, the newborn screening fee shall be divided and
set aside for the following purposes; at least four percent
(4%) to the DOH's Centers for Health Development or its
future equivalent to be spent solely for follow-up services,
education and other activities directly related to the
provision of newborn screening services; at least four
percent (4%) to the Newborn Screening Centers for human
resource development and equipment maintenance and
upgrading; at least four percent (4%) to the NIH Newborn
Screening Reference Center for overall supervision, training
and continuing education, maintenance of national
database, quality assurance program and monitoring of
the national program; and the balance for the operational
and other expenses of the Newborn Screening Center.
Sec 17. Repealing Clause
All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts
thereof, which are inconsistent with this Act are hereby repealed
or modified accordingly
Sec 18. Separability
If, for any reason or reasons, any party of provisions of this Act
shall be declared or held to be unconstitutional or invalid, other
provision or provisions hereof which are not affected thereby
shall continue to be in full force and effect
Sec 19. Effectivity
This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation
 Newborn Screening (NBS) is a simple procedure to find out
if a baby has a congenital metabolic disorder that may
lead to mental retardation and eve death if left untreated
 A public health program aimed at the early identification
of infants who are affected by certain genetic/ metabolic/
infectious conditions
14
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Attention deficit
 Strabismus
 Sensorineural deafness (10%)
 Key symptoms in babies:
 Hoarse cry
 Puffy-looking face
 Feeding problems

 6 Congenital Disorders Screened:

Disorder Screened Effect if NOT Effect if SCREENED
SCREENED and managed
CH (Congenital Severe mental Normal
hypothyroidism) retardation
CAH (Congenital Death Alive and normal
Adrenal
Hyperplasia)
GAL Death or cataracts Alive and normal
(Galactosemia)
PKU Severe mental Normal
(Phenylketonuria) retardtion
G6PD Deficiency Severe anemia, Normal
kernicterus
Maple Syrup Urine Death Alive and normal
Disorder

CONGENITAL HYPOTHYROIDISM (CH)

 Results from a deficiency (hypoplasia) or absence of
thyroid hormone (aplasia), which is essential to growth of
the brain and the body
 If the disorder is not detected and hormone replacement is
not initiated within (4) weeks, the baby’s physical growth
will be stunted and she/ he may suffer from mental
retardation

 If diagnosed at later age:

 Slow linear growth
 Loss of IQ
 Ataxia
 Gross/ fine motor incoordination GALACTOSEMIA (GAL)
 Hypotonia and spasticity  Condition in which the body is unable to process
 Speech disorders galactose, the sugar present in milk
15
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Accumulation of excessive galactose in the body can
cause many problems, including liver damage, brain
damage, and cataracts

 The commonest symptom in children: Jaundice

 Mainly occurs as their body cannot digest the
galactose present in breast milk

PHENYLKETONURIA
 Because a child with PKU lacks the normally functioning
enzyme necessary to break down phenylalanine (PHE), it
accumulates in the blood and body tissues
 This excess PHE can prevent normal brain development
and result in mental retardation
 Symptoms:
 Often have lighter skin, hair, and eyes than
brothers and sisters without the disease
 Other symptoms include:
 Eczema
 Recurrent vomiting
 Jerking movements in arms and legs
 Tremors G6PD Deficiency
 Mood disorders  Function of G6PD:
 Microcephaly  Regenerates NADPH, allowing regeneration of
 Seizures glutathione
 Low levels of pigmentaltion in hair  Protects against oxidaive stress
and skin  Lack f G6PD leads to hemolysis during oxidative
stress - infection, medication, fava beans
 Oxidative stress leads to Heinz body formation,
extravascular hemolysis

 If a child is not screened during the routine newborn

screening test, the disease may present clinically with
seizures, albinism and a musty odor to the baby’s sweat
and urine
 Untreated children are normal at birth, but fail to attain
early developmental milestones, develop microcephaly,
hypereactivity, EEG abnormalities, and seizures, and severe
 Patients with G6PD Deficiency:
learning disabilities are majo clinical problems
 Asymptomatic until exposed to an oxidative
stress
 Symptoms:
 Jaundice
 Dark tea-colored urine
 Back pain (kidney damage)
 Anemic symptoms
16
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Fatigue
 Hypotension
 Tachycardia
 Conusion
 Others

 G6PD Crisis Precipitation - Oxidizing Drugs Expanded Newborn Screening

 Antimalarials (primaquine, quinine, quinidine)  In 2015, the expanded NBS program started and this
 NSAIDs (aspirin, ibuprofen) allowed the screening of hemoglobinopathies and
 Antibiotics (sulfonamides) additional metabolic disorders, namely organic acid, fatty
 Nitrofurantoin acid oxidation, and amino acid disorders.
 TCM herbs (rhizoma, coptidis, margarita,  All these conditions can be treated at birth, avoiding
calculus bovis) complications of no treatment.
 Expanded newborn screening is optional.
 This makes newborn screening to be offered to parents in
MAPLE SYRUP URINE DISORDER (MSUD) all participating facilities with the following options:
 Deficiency in branched chain alpha-keto acid  Option 1: Six (6) disorders (CH, CAH, GAL, PKU,
dehydrogenase complex (BCKAD) - located in G6PD, and MSUD) at P 550.
mitochondrial inner membrane  Option 2: The full complement of 28 disorders
 Caused by mutation in 4 possible genes BCKDHA, BCKDHB, (including the previous six disorders) at P 1,500
DBT, and DLD that encode for BCKAD  The cost of newborn screening, which is now at P 550, is
 Results in defect in metabolism of branched chain amino presently included in the newborn care package for
acids (BCAA): Valine, Leucine, and Isoleucine members of PhilHealth
 Accumulation of BCAA and their ketoacid derivatives
 5 clinical subtypes:
 Classic
 Intermittent
 Mild
 Thiamine responsive
 E3-deficient with lactic acidosis
 Classification of subtypes according to nature of gene
complementation analysis after somatic cell hybridisation
(1980)
 Classic MSUD is the most severe and most common form

 Symptoms:
 Vomiting
 Lack of energy (lethargy)
 Developmental delay
 Avoiding food
 Urine that smells like maple syrup
 If untreated, MSUD can lead to seizures, coma,
and death
17
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
Tuberculosis Prevention and Control Program  Human Resource
 Information System
 Regulation
 Vision:  Service Delivery
 A Tuberculosis-free Philippines  Governance
 Zero deaths, disease, and suffering due to
tuberculosis
 Target Population/Clients
 Presumptive TB
 Mission:  TB affected households
 To reduce TB burden (TB incidence and TB  Area of coverage: Nationwide


mortality)
To achieve catastrophic cost of TB-affected
 Policies and Laws
households  RA 10767 : Comprehensive TB Elimination Plan
 To responsively deliver TB service Act of 2016

 Long term goal (2035):  Strategies, Action Points and Timeline

 Reduce TB burden by decreasing TB mortality by
95% and TB incidence by 90%.
 Medium Term goals (2022):
 Reduce TB burden by:
 Decreasing the number of TB deaths
by 50% from 22,000 to 11,000
 Decreasing TB incidence rate by 15%
from 554/100,000 to 470/100,000
 Reduce catastrophic costs incurred by TB-
affected households from 35% to 0%.
 At least 90% of patients are satisfied with the
services of the DOTS facilities.
 Specific Objectives (2022):
 Improve the utilization of TB care and prevention
services by patients and communities.
 Reduce catastrophic cost of TB-affected
households accessing DOTS facilities to 0%.
 Ensure adequate and competent human
resources for TB elimination efforts.
 Improve the use of TB data for effective TB
elimination efforts.
 Enhance quality of all TB care and prevention
services.
 Increase to at least 90% of DOTS facilities that
are providing expanded integrated patient
centered TB care and prevention services.
 Enhance the political stewardship through high-
level political commitment of national
government agencies and LGUs to implement
localized TB elimination plan in coordination with
different sectors.
Organizational Structure of Health Care Delivery System,
Philippines
 Program Components:
 Health Promotion
 Financing and Policy
 2017-2022 Philippine Strategic TB Elimination Plan
 Activate communities and patient
groups to promptly access quality TB
services
 Collaborate with other government
agencies to reduce out-of-pocket
expenses and expand social
protection programs
 Harmonize local and national efforts
mobilize adequate and competent
human resources
 Innovate TB information generation
and utilization for decision making
 Enforce standards on TB care and
prevention and use of quality
products
 Value clients and patients through
integrated patient-centered TB
services
 Engage national, regional and local
government units/ agencies on multi-
sectoral implementation of TB
elimination plan
 About the NTP
 The National TB Control Program, organized in
1978 and operating within a devolved health
care delivery system
 One of the public health programs being
managed and coordinated by the Infectious
Diseases for Prevention and Control Division
(IDPCD) of the Disease Prevention and Control
Bureau (DPCB) of the Department of Health
(DOH).
 Headed by a program manager and supported
by 20 technical and administrative staff, it has
the following mandate:
 develop policies, standards and
national strategic plan,
 manage program logistics,
 provide leadership and technical
assistance to the lower health
offices/units,
 manage data, and
 conduct monitoring and evaluation.
 The program's TB diagnostic and treatment
protocols and strategies, issued through the
Manual of Procedures, are in accordance with
the policies of World Health Organization (WHO)
and the International Standards for TB Care
(ISTC).
 Its last strategic plan was the 2010-16 Philippine
Plan of Action to Control TB or PhilPACT
 The NTP closely works with various offices of the
DOH, such as the:
 National Center for Health Promotion
(NCHP) for advocacy,
communication,
mobilization;
and social
 Epidemiology Bureau (EB), and the
Knowledge and Management
18
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
Information and Technology Services  Korean Foundation for International
(KMITS) for data management; Health (KOFIH) and
 Health Policy Development and  Korean International Cooperation
Planning Bureau (HPDPB) for policy Agency (KOICA) and
and strategic plan formulation;  KNCV Tuberculosis Foundation.
 Material Management Division
(MMD), Central Office Bids and  Program Accomplishments:
Awards Committee (COBAC) and  In support of the Millennium Development Goals
Food and Drug Administration (FDA) (MDGs), three (3) impact targets were adopted
for drug and supplies management; by the Stop TB Strategy to monitor the progress
 National TB Reference Laboratory of of implementation.
the Research Institute for Tropical  Philippines as one of the Member States of the
Medicine (NTRL-RITM) for laboratory United Nations adopted also the said impact
network management; indicators in PhilPACT.
 Lung Center of the Philippines (LCP)  These targets are decreasing the trend of the TB
for PMDT-related researches and incidence rate and reducing by half the TB
training activities and the mortality and prevalence rates against the 1990
 17 regional offices (ROs) for technical baseline data.
support to the provincial health  By the end of 2015, based on the 2016 Global TB
offices (PHO) and implementing units; report of the WHO, Philippines is one of the nine
and the high TB burden countries that have reached the
 Philippine Health Insurance millennium development goals or MDGs.
Corporation(PhilHealth) for the  This is based on the WHO estimate prior to the
 TB-DOTS accreditation 2016 NTPS.
and  Table 1 shows the accomplishment of the
 utilization of the TB-DOTS Philippines in addressing the problem of
outpatient benefit tuberculosis.
package.
 The 17 ROs through its regional NTP teams Status of the impact targets
manages TB at the regional level Indicators Target 2015 accomplish Status
 PHOs and city health offices (CHOs), through its ment
provincial/city teams are responsible for the TB
control efforts in the provinces and cities.
Incidence Less than the b 322/100,000 Achiev
 TB diagnostic and treatment services are part of
Rate aseline ed
the basic integrated health services which are
provided by DOTS (Directly Observed Treatment,
Mortality R 23/100,000 13/100,000 Achiev
Short Course, current means of delivery of
ate ed
treatment Services) facilities which could either
be the
Prevalenc 414/100,000 <414/100,000 Achiev
 Public health facilities, such as the
e Rate ed
RHUs, health centers, hospitals;
 Other public health facilities, such as Source: WHO Global TB Report, 2016 (prior to 2016 NTPS)
school clinics, military hospitals,
prison/jail clinics;
 NTP-engaged private facilities, such  For the outcome targets, the case detection
as the private clinics, private hospitals, rate and treatment success rate for drug
private laboratories, drugstores and susceptible TB were achieved by the end of
others. 2016.
 Community groups that participate in  However, the targets for case detection rate
community-level activities: and treatment success rate for drug resistant TB
 Community Health Teams (CHTs) and cases were not achieved.
 Barangay Health Workers (BHWs)  Table 2 shows the accomplishment for the
 NTP closely works with the 17 government offices outcome targets.
and 5 private organizations in compliance with
the Comprehensive and Unified Policy (CUP) Status of the outcome targets
issued by the Office of the President in 2003. Indicators Target 2016 acco Status
 Under the framework of public-private mix (PPM) mplishment
collaboration in TB-DOTS, NTP collaborates with
non-governmental organizations, such as the
 Philippine Coalition Against TB Case Detection Rate, 90% 92% Achiev
(PhilCAT), a consortium of 60 groups, Drug Susceptible (All ed
and the forms)
 100-year old Philippine TB Society, Inc.
(PTSI) and Treatment Success R 90% 92% Achiev
 many others. ate, Drug Susceptible ed
 Various developmental partners and their (All Forms)
projects provide technical and financial support
to NTP, such as Case Detection Rate, 62% 32% Not Ac
 the World Health Organization (WHO), Drug Resistant TB hieved
 United States Agency for
International Development (USAID), Treatment Success R 75% 49%(2012 c Not Ac
 Global Fund Against AIDS, TB and ate, Drug Resistant TB ohort) hieved
Malaria (Global Fund),
Source: Data submitted by the regional TB coordinators as of Fe
 Research Institute of TB/Japan Anti-TB
bruary 2017
Association (RIT/JATA),

19
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 International Organizations:
 Of the five (5) output targets, only two (40%)  WHO, USAID, GFATM, ICRC, HIVOS-KNCV
were achieved.
 These are the  NTP Partners
 number of TB patients provided with  PARTNERS IN DOH
treatment and  Bureau of Quarantine, Epidemiology
 number of TB patients counseled and Bureau, Food and Drugs Authority
tested on HIV.  OTHER GOVT PARTNERS
 See Table 3 for the status of the said indicators.  BJMP, Bureau of Corrections, DepEd,
DILG, DOJ, DSWD
Outcome indicators  LOCAL PRIVATE & NON-GOVT PARTNERS
 Family Health International (FHI 360)
Indicators Target Accompl Status  ICRC Switzerland
ishment  KNCV Tuberculosis Foundation
 University Research Co, LLC (URC)
No. of TB sym 5.5 milli 4,717,535 Not achieved;Patien  Korean International Cooperation
ptomatics pr on ts who underwent ex Agency (KOICA)
ovided with amination using Xper  Phil Business for Social Progress (PBSP)
DSSM t MTB/Rif as a primary  Phil Coalition Against TB (PhilCAT)
diagnostic tool is not  Research Institute of Tuberculosis
accounted for. Japan Anti-TB Association (RIT JATA)
 INTERNATIONAL PARTNERS
No. of TB pati 1.5 milli 1,701,059 Achieved  The Global Fund to Fight AIDS TB and
ents provide on Malaria (GFATM) Switzerland
d with treatm  Management Sciences for Health
ent (MSH) Massachusetts
 Promoting the Quality of Medicines
No. of 730,000 181,728 Not achieved; There Program (PQM) Maryland
children were inadequate  United States Agency for
provided stocks of drugs for International Development (USAID)
with children due to  World Health Organization (WHO)
treatment or quality issues of the
preventive procured drugs and  Magnitude of TB in the Philippines
therapy low uptake of IPT  Tuberculosis or TB is an infectious disease caused
by the bacteria called Mycobacterium
No. of MDR- 19,500 18,886 Not achieved due to tuberculosis.
TB detected lack of access to  It is transmitted from a TB patient to another
and diagnostic and person through coughing, sneezing and spitting.
provided treatment facilities  Thus, close contacts, especially household
with second for drug resistant TB members, could be infected with TB.
line anti-TB cases.  Lungs are commonly affected but it could also
drugs affect other organs such as the kidney, bones,
liver, and others. TB is curable and preventable.
 However, incomplete or irregular treatment may
No. of TB 45,000 57,590 Achieved lead to drug-resistant TB or even death.
patients  Tuberculosis is a major public health problem in
provided the Philippines.
with PICT on  In 2010, TB was the 6th leading cause of
HIV/AIDS mortality with a rate of 26.3 deaths for every
100,000 population and accounts for 5.1% of
total deaths.
 Program Accomplishments and Status  This is slightly lower than the five-year average of
28.6 deaths per 100,000 population.
 2017 WHO Global TB Report
 More males died (17,103) compared to females
 Estimate TB Burden :
(7,611).
 Mortality 21/100,000
 The country had conducted three National TB
 Incidence 554/100,000
Prevalence Survey (NTPS) that describe the
 Total Notified Cases: 345,144
magnitude and the trend of the TB problem.
 Treatment Coverage: 58%
 The results were as follows:
 Treatment Success Rate, All Forms
(2015) : 91%
National TB Prevalence Surveys 1983-2007
 Treatment Success Rate, MDR/RRTB
(2014) 46% Indicators NTPS 1983 NTPS 1997 NTPS 200
 Calendar of Activities 7
 March 24 - World TB Day Commemoration
 August - Lung Month Celebration Prevalence of culture- 6.6/1,000 3.1/1,000 2.0/1,000
positive TB
 Partner Institutions
 Department of Health :
 Food and Drug Administration Prevalence of sputum s 4.2% 4.2% 6.3%
 Bureau of Quarantine mear-positive TB
 Other Government:
 DepEd, DSWD, DILG (BJMP), DOJ Prevalence of those wit 2.5% 2.3% 2.1%
(BuCor) h CXR findings suggestiv
 Non Government Organizations: e of TB
 PhilCAT, PBSP

20
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
Rate of TB symptomatic 17.0% 18.4% 13.5%
Prevalence of those wit 8.6/1,000 3.1/1,000 4.7/1,000
h CXR findings suggestiv
e of TB
 TB is more prevalent among males compared to
females and among the 25–55 year old age
group.
 It is also higher among the malnourished and
diabetics.
 The 1997 survey showed that prevalence of TB
among the urban poor in Metro Manila is twice
that of the general population.
 The first national Drug Resistance Survey was
done in 2003–2004 and revealed the following
prevalence of drug resistance:
 4% among the new cases
 21% among the re-treatment cases,
and
 5.7% combined.
 The second National Drug Resistance Survey
was done in 2011–2012 and showed a decrease
in the prevalence of drug resistance among
new cases from 4% to 2%.
 However, there was no change in the
prevalence of drug resistance among re-
treatment cases which remained at 21%.
 TB Program Manager
 Dr. Anna Marie Celina G. Garfin
Program Manager
ntpphilippines.inquiry@gmail.com
 Reference:
 https://www.doh.gov.ph/national-
tuberculosis-control-program
FREQUENTLY ASKED QUESTIONS
 What is Tuberculosis?
 Tuberculosis (TB) is an infectious disease caused
by a type of bacteria called Mycobacterium
tuberculosis.
 TB most commonly affects the lungs, when it is
called pulmonary tuberculosis, but also can
involve any other organ of the body in which
case it is called extra-pulmonary tuberculosis.
 These FAQs are about pulmonary TB.
 What is TB Infection?
 When a person breathes in the TB bacteria, in
most cases, the body is able to get them to stop
them from growing.
 The bacteria become inactive, but do not die.
 They lie latent, and can become active later.
 This state is called TB infection.
 People who are infected with TB do not feel sick,
do not have any symptoms, and cannot spread
the disease.
 But they could develop TB disease at some time
in the future.
 What is TB Disease?
 Not all people with TB infection get active TB
disease.
 Only when people infected with the TB bacteria
start showing signs and symptoms associated
with TB are they considered to have active TB
disease.
 Some people develop TB disease soon after
becoming infected, before their immune system
can ght back.
 Other people may get sick later, when their
immune system becomes weak for some reason.
 Who are prone to TB?
 People with weak immune systems are more
vulnerable to TB.
 This includes babies and young children, people
infected with HIV and those who have the
following conditions:
 diabetes mellitus
 , silicosis
 , cancer
of the head or neck, leukemia or
Hodgkin’s disease, severe kidney
disease, low body weight, certain
medical treatments (such as
corticosteroid treatment or organ
transplants).
 What are PTB Symptoms?
 The most common symptoms of TB are:
 chronic cough
 fever, especially rising in the evening
(low grade afternoon fever)
 night sweats
 chest pain
 weight loss, loss of appetite
 hemoptysis (coughing up blood)
 How is it transmitted?
 TB is spread primarily from person to person
through infected air during close contact.
 The bacteria get into the air when someone
infected with TB of the lung coughs, sneezes,
shouts, or spits.
 A person can become infected when they
inhale minute particles of the infected sputum
from the air.
 It is not possible to get TB by just touching the
clothes or shaking the hand of someone who is
infected.
 TB germs spread more easily in crowded
conditions as the bacteria sometimes stay alive
in the air for a few hours, especially in small
closed places with no fresh air.
 Fresh air scatters the germs and sunlight acts as
a bactericide, killing the TB organisms.
 Exposure to moderately hot temperatures for
extended periods of time is sufficient to kill these
bacteria.
 Extra-pulmonary TB does not spread from person
to person.
 If a person is exposed to someone with active TB
disease, can he/she transmit TB to others?
 Only persons with active TB disease (i.e. those
who also show signs and symptoms of the
disease) can spread TB to others.
 People with latent TB infection (i.e. people who
have the TB bacteria but do not show any
symptoms) cannot spread TB bacteria to others.
 A person exposed to someone with active TB
disease, may become infected with the TB
bacteria, but would not be able to spread the
infection unless he or she starts showing
symptoms of the disease.
 People who have latent TB infection can,
however, be treated to prevent them from
developing active TB.
 TB in Pregnancy?
 If you are pregnant and have active TB, you
should start treatment as soon as TB is suspected.
 Although the TB drugs used during treatment
cross the placenta, they do not appear to have
any harmful effects on the fetus.
 TB medications such as isoniazid, rifampin, and
ethambutol are often used for treatment during
pregnancy.
21
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 While dealing with TB during pregnancy is not
easy, proper treatment is crucial for the health
of the mother and the baby.
 Untreated TB disease represents a greater
hazard to a pregnant woman and her fetus
than does its treatment.
 Treatment of pregnant women should be
initiated whenever the probability of TB is
moderate to high.
Infants born to women with untreated TB may

be of lower birth weight than those born to
women without TB and, in rare circumstances
the infant may be born with TB
 Harmful TB drugs in Pregnancy?
 The drug Streptomycin should not be used
because it has been shown to have harmful
effects on the fetus.
 In most cases, pyrazinamide is also not
recommended because its effect on the fetus is
unknown.
 Is a person with HIV infection more at risk of
developing TB?
 Yes, because HIV infection weakens the
immune system, people with TB infection and
HIV infection are at very high risk of developing
TB disease.
 All HIV-infected people should be tested for TB.
If they have TB disease, they must take TB
medicines
 What is Drug-resistant TB?
 Sometimes the anti-TB drug being taken by the
patient can no longer kill the TB bacteria. This is
referred to as drug-resistant TB.
 Drug-resistant TB can occur when the drugs
used to treat TB are misused or mismanaged.
Examples include:
 when people do not complete the
full course of treatment
 when health-care providers prescribe
the wrong treatment, the wrong dose,
or wrong length of time for taking the
drugs
 when the supply of drugs is not
always available
 when the drugs are of poor quality.
 Who is at risk for drug-resistant TB?
 Drug-resistant TB is more common in people who:
 do not take their TB drugs regularly
 do not take all of their TB drugs
 develop TB disease again, after
being treated for TB disease in the
past
 come from areas of the world where
drug- resistant TB is common
 have spent time with someone
known to have drug-resistant TB
disease.
 How is drug-resistant TB spread?
 Drug-resistant TB spreads the same way that
drug- sensitive (i.e. normal) TB is spread.
 TB is spread through the air from one person to
another, when a person with TB disease of the
lungs coughs, sneezes, speaks, spits or sings.
 These bacteria can remain airborne for several
hours, depending on the environment.
 Persons who breathe in the air containing these
TB bacteria can become infected.
 However, it is NOT spread by:
 shaking someone's hand
 sharing food or drink
 touching bed linen or toilet seats
 sharing toothbrushes
 kissing
 What is multi-drug resistant TB (MDR-TB)?
 Multidrug-resistant TB (MDR-TB) is caused by a TB
germ that is resistant to at least isoniazid and
rifampin, the two most potent TB drugs.
 These drugs are used to treat all persons with TB
disease.
 What is extensively drug-resistant (XDR-TB)?
 Extensively drug-resistant TB (XDR-TB) is a rare
type of MDR-TB that is resistant to
 isoniazid and rifampin, plus
 any fluoroquinolone and
 at least one of three injectable
second-line drugs
 (i.e. amikacin, kanamycin, or
capreomycin).
 Because XDR-TB is resistant to the most potent TB
drugs, patients are left with treatment options
that are much less effective.
 XDR-TB is of special concern for persons with HIV
infection or other conditions that can weaken
the immune system.
 These persons are more likely to
develop TB disease once they are
infected, and also have a higher risk
of death once they develop TB.
 How to prevent spreading TB to other people?
 If you are infectious while you are taking rest at
home, you can do the following things to
protect others near you.
 Take your medicines as directed. This
is very important!
 Always cover your mouth with a
tissue when you cough, sneeze, or
laugh. Put the tissue in a closed bag
and throw it away safely.
 Isolate yourself from others and avoid
close contact with anyone. Sleep in
a bedroom away from other family
members for the first few weeks.
 If you are infectious while you are taking rest at
home, you can do the following things to
protect others near you.
 Air out your room often to the outside
of the building (if it is not too cold
outside). TB spreads in small closed
spaces where air doesn’t move. Put
a fan in your window to blow out air
that may be filled with TB bacteria. If
you open other windows in the room,
the fan also will pull in fresh air. This
will reduce the chances that TB
bacteria will stay in the room and
infect someone who breathes the air.
 After you take the medicines for about 2 or 3
weeks, you might no longer be able to spread
TB bacteria to others.
 If your doctor or nurse agrees, you will be able
to go back to your daily routine, including
returning to work or school.
 But remember, you will only get well if you take
your medicines exactly as directed by your
doctor or nurse.
 Think about people who may have spent time
with you, such as family members, close friends,
and co-workers.
 The local health department may need to test
them for TB infection.
 TB is especially dangerous for children and HIV-
infected persons.
22
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 If these people are infected with TB bacteria,
they need medicines right away to keep them
from developing active TB disease.
 BCG uses/limitations?
 BCG is a vaccine for TB, routinely given to infants
and small children.
BCG vaccine protects against the severe, life-

threatening forms of extra-pulmonary TB such as
TB meningitis and miliary TB in childhood.
 However, it is unreliable protection against
pulmonary TB, the main form of tuberculosis.
 MDR-TB Prevention?
 The most important thing a person can do to
prevent the spread of MDR-TB is to take all their
medications exactly as prescribed by their
health-care provider.
 No doses should be missed and treatment
should never be stopped early.
 Patients should tell their health-care provider if
they are having trouble taking the medications.
 If patients plan to travel, they should talk to their
health-care providers and make sure they have
enough medicine to last while away.
 Health-care providers can help prevent MDR-TB
by
 quickly diagnosing cases
 following recommended treatment
guidelines
 monitoring patients’ response to
treatment
 making sure therapy is completed.
 Another way to prevent getting MDR-TB is to
avoid exposure to known MDR-TB patients in
closed or crowded places such as hospitals,
prisons, or homeless shelters.
 If you work in hospitals or health- care settings
where TB patients are likely to be seen, you
should consult infection control or occupational
health experts.
 Ask about administrative and environmental
procedures for preventing exposure to TB. Once
those procedures are implemented, additional
measures could include using personal
respiratory protective equipment.
 TB Diagnostic Tests?
 The best way to get tested for pulmonary TB is
by getting the sputum examined.
 The TB-causing germs can be seen through a
microscope.
 At least two samples of sputum should be
examined for accurate diagnosis.
 #1 - Early morning specimen
 #2 - Spot specimen - upon returning
specimen#1 to the health
center/laboratory
 The examination is available at public health
facilities, often within easy reach of the patients.
 In the facility, the health-care provider may ask
the person suspected of TB to collect two
sputum samples and explain how to produce
and collect them.
 It is important to carefully follow what the
health-care provider advises to make sure the
diagnosis is correct.
 The health-care provider may also advise a
chest X-ray if
 Patient is suspected of having
symptoms of TB (TB Symptomatic
patient)
 TB germs are not seen through the
sputum examination (Negative direct
sputum smear
examination/DSSM/Sputum for AFB)
 Rapid tests to diagnose TB and drug resistance?
 In 2010, WHO endorsed Xpert MTB/RIF, a rapid
molecular test that can diagnose TB and
rifampicin resistance within 90 minutes
 How can a patient know whether he/she has TB or
MDR/XDR-TB?
 Both MDR and XDR-TB can only be diagnosed in
a well-equipped laboratory.
 Symptoms of XDR-TB are no different from
ordinary TB:
 a cough with thick, cloudy mucus (or
sputum), sometimes with blood, for
more than 2 weeks;
 fever, chills, and night sweats;
 fatigue and muscle weakness;
weight loss;
 and in some cases shortness of
breath and chest pain.
 If you have these symptoms, it does not mean
you have MDR/XDR-TB.
 But it does mean you must go and see a doctor
for a check-up.
 If you are already on treatment for TB, and at
least some of these symptoms are not improving
after a few weeks of medication, you should
inform your clinician or nurse.
 Is TB curable?
 Yes. TB can be cured if the full course of the
prescribed drugs is taken regularly, and without
interruption.
 The WHO-approved standardized and effective
cure for TB, called DOTS (directly-observed
treatment, short-course) is available in all
countries of the South-East Asia Region.
 It takes at least 6–8 months of medication to
completely treat the disease.
 It is very important that the patient takes all the
prescribed drugs for the recommended
duration.
 It is dangerous, both for the patient, family
members and the community, if he/she stops
taking medication before the prescribed course
is completed and without medical advice.
 The TB germs/bacilli that are still alive become
even stronger, or “resistant” to the drugs.
 Stronger drugs are then needed to kill these
“super” TB germs if the treatment is not
completed the first time.
Treatment regimen for tuberculosis
Treatment of TB in Children
 Most children with TB can be treated with Isoniazid and
Rifampin for 6 months, along with Pyrazinamide for the first
2 months if the culture from the source case is fully
susceptible
23
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
Treatment of MDR - TB
 The complexity of MDR-TB treatment lies in the futility of
using isoniazid and rifampin.
 Isoniazid has the strongest antibactericidal action and
significantly contributes to making patients rapidly
noninfectious; rifampin has unique antibacterial properties
against dormant bacilli that are no longer in the active
phase of replication
 When initiating treatment, utilize at least 3-5 previously
unused drugs for which there is in vitro susceptibility.
 Levofloxacin, which is a fluoroquinolone, has been shown
to be best suited long-term and should be included in the
regimen
 Never add a single new drug to a failing regimen.
Administer at least 3 (preferably 4-5) of the following
medications, according to drug susceptibilities:
 An aminoglycoside - Ie, streptomycin, amikacin,
capreomycin, kanamycin
 A fluoroquinolone - Ie, levofloxacin,
ciprofloxacin, ofloxacin
 A thioamide - Eg, ethionamide, prothionamide
 Pyrazinamide
 Ethambutol
 Cycloserine
 Terizidone
 Para-aminosalicylic acid
 A diarylquinoline: Bedaquiline
 A nitroimidazooxazine: Pretomanid (plus
bedaquiline and linezolid
 Consider rifabutin as a substitute for rifampin, as
approximately 15% of rifampin-resistant strains are rifabutin
sensitive.
 Successful MDR-TB treatment is more likely in association
with such factors as lower prior patient exposure to anti-TB
drugs, a higher number of anti-TB drugs to which the
infection is still susceptible, and a shorter time since the first
TB diagnosis (indicating less advanced disease).
 Continue treatment for MDR-TB for 18-24 months after
sputum culture conversion. The drugs should be prescribed
daily (no intermittent therapy), and the patient should
always be on DOT.
 Weekend DOT may not be possible; therefore, giving self-
administered oral drugs on Saturdays and Sundays may be
reasonable.
 All patients should be closely observed for 2 years after
completion of treatment, with a low threshold for referral to
TB centers.
 Novel drugs for TB are currently under development and
may prove valuable for treatment of MDR-TB. The
diarylquinoline antimycobacterial, bedaquiline (Sirturo),
was approved by the FDA in December 2012 as part of a
22-week multidrug regimen for pulmonary MDR-TB.
 Those patients identified with MDR-TB will be switched to
the standard regimen:
 8 months of Pyrazinamide, Kanamycin,
Ofloxacin, Prothionamide, and Cycloserine,
followed by
 12 months of Ofloxacin, Prothionamide, and
Cycloserine.
TREATMENT OF XDR-TB
 XDR-TB, an abbreviation for extensively drug-resistant
tuberculosis (TB), is a form of TB which is resistant to at least
four of the core anti-TB drugs.
 XDR-TB involves resistance to the two most powerful anti-TB
drugs, isoniazid and rifampicin, also known as multidrug-
resistance (MDR-TB), in addition to resistance to any of the
fluoroquinolones (such as levofloxacin or moxifloxacin) and
to at least one of the three injectable second-line drugs
(amikacin, capreomycin or kanamycin).
 MDR-TB and XDR-TB both take substantially longer to treat
than ordinary (drug-susceptible) TB, and require the use of
second-line anti-TB drugs, which are more expensive and
have more side-effects than the first-line drugs used for
drug-susceptible TB.
 Use pyrazinamide and any other Group 1 agent that may
be effective.
 Use an injectable agent to which the strain is susceptible
and consider an extended duration of use (12 months or
possibly the whole treatment). If resistant to all injectable
agents it is recommended to use one the patient has never
used before or consider designing the regimen without an
injectable agent. If toxicity is a limiting factor for the use of
the injectable agent, and one of the injectable agents is
considered effective, consider using inhaled version via a
nebulizer.
 Use a higher-generation fluoroquinolone such as
moxifloxacin or gatifloxacin.
 Use all Group 4 agents that have not been used
extensively in a previous regimen or any that are likely to
be effective.
 Add two or more Group 5 drugs (consider adding
bedaquiline.
 Consider adding a new investigational drug eligible for use
under the compassionate use scheme if policy of the WHO
endorses its use for XDR-TB.
 Consider high-dose isoniazid treatment if low-level
resistance or absence of the katG gene is documented.
 Consider adjuvant surgery if there is localized disease.
 Ensure rigorous respiratory infection control measures at the
site where the patient is being treated.
 Consider the option of treatment in a hospital if the clinical
condition of the patient is poor or major comorbidities
coexist, or a shelter if the social condition of the patient
prevents proper home care
 Manage HIV coinfection .
 Provide comprehensive monitoring and full social support
to enable adherence to treatment
 Ensure that all patients have full access to palliative and
end-of-life care services, with a patient-centred approach
to relief the suffering of the disease and its treatment.
 What is DOTS?
 DOTS (directly-observed therapy, short-course)
means that the patient taking the medicine
should be observed by a nominated person,
and the taking of the medicine should be
recorded.
 This ensures that the patient takes the
medication regularly, which is
essential for the medicines to be
effective – and to prevent the
bacteria from becoming resistant
and the drug from becoming
ineffective.
 The best way to remember to take medicines is
to get directly-observed therapy.
 If following the DOTS regimen, the patient will
meet with a health care worker every day or
several times a week.
 This can be at the TB clinic, your home or work,
or any other convenient location.
 You will take your medicines at this place while
the health care worker observes.
 DOTS helps in several ways:
 The health care worker can help the
TB patient remember to take the
medicines and complete the
treatment. This means he/she will get
well as soon as possible.
 The health care worker will make sure
that the medicines are working as
they should. This person will also
watch for side-effects and answer
questions about TB.
 The TB patient must be checked at different
times to make sure everything is going well.
24
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 He/ she should see their doctor or nurse
regularly while taking the medicines.
 This will continue until the patient is cured.
 How is TB Disease treated?
 Tuberculosis is usually treated through the use of
a combination of several drugs called
antibiotics to kill all the bacteria and preventing
them from becoming resistant to one or more
drugs.
 The most common drugs used to fight TB are:
 Isoniazid
 Rifampin
 Pyrazinamide
 Ethambutol
 Streptomycin
 The medication is administered to the patient
for at least 6 months as per the advice of the
doctor.
 People with TB of the lungs should initially stay
home from work or school so that they do not
spread TB bacteria to other people.
 After taking TB drugs for 2 weeks, they will feel
better and may not be infectious to others.
 However, to be completely cured they would
need to take the drugs as prescribed for at least
6–8 months.
 Why is it important to take TB medicines regularly for
the entire duration of the prescribed course?
 Sometimes patients stop taking TB medicines on
their own before the entire course is completed.
However, if the patient does not complete the
course of the treatment of TB,
 it can become harder or impossible
to cure
 the person can stay sick for a longer
time
 the medicines can stop working, and
the person may have to take
different medicines that have more
side effects
 even the new medicines may not
cure the TB
 TB germs can be passed on to others.
 TB bacteria die very slowly. It takes at least 6
months to kill all the TB bacteria.
 People start feeling well after only a few weeks
of treatment.
 But TB bacteria are still alive in the body. That is
why it is important to continue to take the
medicine until all the TB bacteria are dead,
even though the person may feel better and no
longer have symptoms of TB disease.
 If a person with TB disease stops taking his/ her
prescribed medicines when they feel better, or
are not regular in taking the medicines, TB
bacteria will grow again.
 The person will become sick again
because the bacteria may become
resistant to the drugs he or she was
taking.
 When this happens he/ she may
need different drugs to kill the TB
bacteria if the old drugs no longer
work.
 These new drugs need to be taken
for a longer time and usually have
more serious side-effects.
 If a patient on TB treatment becomes infectious
again, he/she could spread TB bacteria to their
family, friends, or anyone else who spends time
with them.
 It is thus very important to finish the course of
medication as per the doctor’s advice.
 TB patients should talk to their health-care
provider if their TB medicine is making them feel
sick.
 Any medicine can cause side-effects, including
TB pills.
 But most people can take their TB medicine
without any problems.
 Side effects of TB drugs?
 Very few people develop side-effects to TB
drugs.
 Minor side-effects
 vomiting, nausea, loss of appetite,
joint pain, orange/red urine, or skin
rash, which can be managed using
simple medicines or adjusting the
dosages of the drugs.
 Major side-effects include
 Ototoxicity - deafness and dizziness
(with the use of streptomycin);
 Hepatotoxicity - jaundice, vomiting
(mainly with rifampicin and isoniazid);
 Optic neuritis - visual impairment
(ethambutol),
 Shock, purpura, or acute renal failure
(rifampicin).
 These side-effects need to be
managed by a trained physician and
may require hospitalization.
It is important to talk to the health-care provider

if the medicine is making you feel sick.
 However, most people can take their TB
medicine without any problems.
 Once a person completes treatment for TB disease and
is cured, can he/she get TB again?
 This is unlikely but can, rarely, occur. If the
patient has taken the medicine in the right way
for as long as the doctor advises, the chances
of getting TB again are low.
 However, if he/she notices any of the signs and
symptoms, consult the doctor immediately
 Dietary tips for TB patients?
 It is important to eat a balanced diet to provide
your body with the nutrients that you need to
ght TB.
 The diet should be simple, easily digestible, and
to the liking of the patient to encourage
consumption.
 Meals should be small, but at frequent intervals.
 Larger meals can be given if the condition of
the patient improves.
 Fluid intake should be sufficient.
 It is particularly important to avoid drinking any
alcohol during the entire course of your
treatment as this could result in treatment
complications and side- effects.
 Weight gain generally improves during TB
treatment and appropriate nutritional
supplementation.
 It is very important that children with TB get
enough energy and nutrients, since children
have increased requirements as a result of both
growth and TB.
 TB disease often adversely affects nutritional
intake, due to poor appetite, putting patients at
risk for malnutrition.
 6 smaller meals per day are advised instead of 3
meals.
 The meals should provide enough energy and
protein, and be appetizing in appearance and
taste so as to encourage the patient to eat.
 People with HIV and/or (active) TB need more
calories and nutrients in their diet, but they may
25
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
also have lower appetites and be less able to National HIV/ STI Prevention Program
absorb the nutrients in their food.
 Force-feeding of the patient to gain extra
weight is known to do more harm than good. OBJECTIVE
 Too much food–especially fat–frequently causes  Reduce the transmission of HIV and STI among the Most At
gastric upsets and diarrhea. Risk Population and General Population and mitigate its
 During treatment for TB, things to do to help your impact at the individual, family, and community level
body fight the infection:
 eat healthy foods and
 get enough sleep and Program activities
 some exercise  With regard to the prevention and fight against stigma and
discrimination, the following are the strategies and
 Can a lactating mother receiving anti-TB treatment interventions:
1. Availability of free voluntary HIV Counseling and
breastfeed her baby? Testing Service
 Breastfeeding should not be discouraged for 2. 100% Condom Use Program (CUP) especially for
women being treated with the 1st-line anti-TB entertainment establishments
drugs because the concentrations of these 3. Peer education and outreach
drugs in breast milk are too small to produce 4. Multi-sectoral coordination through Philippine
toxicity in the nursing newborn. National AIDS Council (PNAC)
 For the same reason, drugs in breast milk are not 5. Empowerment of communities
an effective treatment for TB disease or latent TB 6. Community assemblies and for a to reduce
infection in a nursing infant. stigma
 Breastfeeding women taking isoniazid should 7. Augmentation of resources of Social Hygiene
also take pyridoxine (vitamin B6) supplements. Clinics; and
8. Procured male condoms distributed as
education materials during outreach

Program accomplishments
 As of the first quarter of 2011, the program has attained
particular targets for the three major final outputs: health
policy and program development; capability building of
local government units (LGUs) and other stakeholders; and
leveraging services for priority health programs
 For the health policy and program development, the
Manual of Procedures/ Standards/ Guidelines is already
finalized and disseminated. The ARV Resistance
surveillance among People Living with HIV (PLHIV) on
Treatment is being implemented through the Research
Institute for Tropical Medicine (RITM). Moreover, both the
Strategic Plan 2012-2016 for Prevention of Mother to Child
Transmission and the Strategic Plan 2012-2016 for Most at
Risk Young People and HIV Prevention and Treatment are
being drafted
 With regard to capability building, the Training Curriculum
for HIV Counseling and Testing is already revised. Twenty
five priority LGUs provided support in strengthening Local
AIDS councils. as of March 2011, there were already 17
Treatment Hubs nationwide
 Lastly, for the leveraging services, baseline laboratory
testing is being provided while male condoms are being
distributed through social Hygiene Clinics. A total of 1,250
PLHIV were provided with treatment and 4,000 STI were
treated

Partner Organizations/ Agencies

 The following organizations/agencies take part in
achieving the goal of the National HIV/STI Prevention
Program:
 Department of Interior and Local Government
(DILG)
 Philippine National AIDS Council (PNAC)
 Research Institute for Tropical Medicine (RITM)
 STI/AIDS Cooperative Central Laboratory (SCCL)
 World Health Organization (WHO)
 United States Agency for International
Development (USAID)
 Pinoy Plus Association
 AIDS Society of the Philippines (ASP)
 Positive Action Foundation Philippines, Inc.
(PAFPI)
 Action for Health Initiatives (ACHIEVES)
 Affiliation Against AIDS in Mindanao (ALAGAD-
Mindanao)

26
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 AIDS Watch Council (AWAC) delivery of essential services
 Family Planning Organization of the Philippines (prevention, treatment and care
(FPOP) interventions).
 Free Rehabilitation, Economic, Education, and
Legal Assistance Volunteers Association, Inc.  Objectives
(FREELAVA)  National Targets to Achieve from
 Philippine NGO council on Population, Health, 2015-2020:
and Welfare, Inc. (PNGOC)  Maintain a prevalence rate
 Leyte Family Development Organization of less than 1% HIV
(LEFADO) prevalence
 Remedios AIDS Foundation (RAF)  Reduction of HIV incidence
 Social Development Research Institute (SDRI) among MSM to < 1.5% of
 TLF share Collectives, Inc. syphilis among the key
 Trade Union Congress of the Philippines (TUCP) population
Katipunang Manggagawang Pilipino
 Health Action Information Network (HAIN)  Program Strategies
 Hope Volunteers Foundation, Inc.  Continuum of HIV/ STI prevention,
 KANLUNGAN Center Foundation, Inc. (KCFI) diagnosis, treatment and care
 Kabataang Gabay sa Positibong Pamumuhay, services to key population
Inc. (KGPP)  Health promotion and
Communication on HIV and STI
Program Manager: Dr. Jose Gerard B. Belimac Prevention and Care Services
Department of Health-National Center for Disease Prevention  Enhanced strategic information
and Control (DOH-NCDPC) systems
Contact Number: 651-78-00 local 2353  Strengthened health system platform
Email: naspcp@yahoo.com for broader health outcomes

Source: https://caro.doh.gov.ph/wpcontent/uploads/2018/05/
B. 2017 Activities
Program-Briefer_STI.pdf  Capacitated LGU health workers on HIV
Counselling to Testing (HCT) Training
 Capacitated hospitals regionwide on the
STI HIV/ AIDS Program establishment and/ or functionalization of their
HIV AIDS Core Team (HACT)
A. Overview and Objectives of the Program  Conducted quarterly Regional AIDS Assistance
Team (RAAT) meetings. Expanded membership
 According to the World Health Organization
(WHO), nearly a million people currently acquire to the academe and other government
STIs which includes the Human agencies
Immunodeficiency Virus (HIV) globally  Partnered with Community Based Organizations
 The presence in a person of other STIs greatly (CBOs) in the conduct of HIV testing
increases the risk of acquiring or transmitting HIV.  Functionalized the First Regional HIV/ AIDS
 It is initially seen among what we call key Support Group (Ohana Cordillera) in CAR
populations which include Males who have Sex  Established the first Regional HIV/ AIDS mobile
with Males (MSM), Transgender (TG), People hotline
Who Inject Drugs (PWID) and Freelance Sex  Support to HIV advocacies regionwide during
Workers (FSW) the AIDS Candlelight Celebration in May and
 The Philippines is one of the countries with World AIDS Day Celebration in December
rapidly increasing HIV/ AIDS cases  Actively expanding HIV awareness lectures in
 Here in the Cordillera, a total of 385 cases has call centers, workplaces and schools
been diagnosed from 1984 to October 2017.  Augmentation of drugs, medicines and testing
Our prevalence rate is 2.06% which is above the kits to the BGHMC Treatment Hub and Social
National Health Target of maintaining a 1% and Hygiene Clinics (SHC) in CAR
below prevalence rate. Seventy percent (70%)  Conducted the STI HIV/ AIDS Program
of the diagnosed cases are from Baguio City Consultative Meeting
affecting mostly Men having Sex with Men  Conducted the 1st HIV/ AIDS Film Festival
(MSM). Looking further, the city has an 8% HIV/ producing short films and infomercials.
AIDS prevalence rate from 1984 to present. For Developed culturally sensitive advocacy
the other provinces and city, prevalence rate is materials which are as follows
below 1% in 2017  Customized the HIV Counselling
Flipchart by having it translated to
 NEW PROGRAM THRUSTS vernacular
 Vision: Zero New Infections, Zero  Customized Red Ribbon Pin
Discrimination, Zero AIDS-related for the Cordillera Region
Deaths  Distributed an HIV
 Goal: By 2020, the country will have Advocacy Flipchart to
maintained a prevalence of less than every City/ Provincial
66 HIV cases per 100,000 population Health Office and Rural
by preventing the further spread of Health Office in CAR
HIV infection and providing  Established an HIV/ AIDS Support
treatment care and support to Group Social Media Account to
reduce the impact of the disease on address HIV concerns online. 
individuals, families, sectors and Piloted the first HIV/ AIDS Radio Show


communities
Purpose (Outcome):To contain and
C. 2018 Activities
prevent the further spread of HIV  Procurement and distribution of condom
among key populations with four (4) dispensers and logistics (condoms, lubricants
strategies that enabled strengthened etc) to workplaces (target: bars, call centers)

27
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Promotion and conduct of HIV
Screening
 Capability Building Activities
 Conduct of HIV Counselling to Testing
Training Funding for registration fee
of LGU pax to capacitate them on
HIV Proficiency
 Integration of HIV awareness and testing in
various program activities such as TB, MCH and
NCD
 Support to Operational Costs of
Ohana Cordillera (HIV/ AIDS Support
Group)
 Health Promotion
 Expansion of radio plugging
regionwide (emphasis on testing sites
per province/ city) HIV/ AIDS Radio
Program- inviting other resource
speakers as well to add variety to
topics covered  Conduct of HIV
Testing Advocacy during festivals,
local events, etc such as the Baguio
Flower Festival every February.
 Conduct/ support to the
commemoration of the AIDS
Candlelight every May and the
World AIDS Day every December in
all provinces/ city in CAR. Support to
HIV Summit provincial initiatives.
Sustain HIV/ AIDS Mobile Hotline 
Expand number of community
mobilizers to conduct HIV awareness
and HIV screening.  Maintain social
media account on HIV/ AIDS Support
Group
 Development of culturally sensitive
localized HIV Counselling and Testing
brochure emphasizing on STI HIV/
AIDS prevention, testing sites and
treatment hub in CAR
 Promotion of STI HIV/ AIDS testing facilities
through the reproduction and distribution of the
following:
 HIV testing signages
 HIV/ AIDS Testing Site and mobile
hotline advertisement via stickers for
public areas or PUJs
 Distribution of newly developed AVP materials
and informercials to provinces/ city.
 Enhanced strategic information systems:
 Mapping out facilities (manpower, ST
HIV/ AIDS services provided) capable
of providing related services
 Conduct of monitoring visits,
coaching and mentoring
 Disseminate results of research studies
conducted by external entities
 Conduct of Local Dissemination
Forum to Local Chief Executives with
the goal of establishing HIV/ AIDS
Councils in municipalities with
increasing HIV cases
 Conduct of STI HIV/ AIDS Consultative
Meeting cum Program
Implementation Review
 Awarding for organized reporting
and presence of good practices/
initiatives in LGUs
 Strengthened health system platform
for broader health outcomes
 Promotion of Services Delivery
Network (SDN) Page 3 of 4 Conduct
of Regional AIDS Assistance Team
(RAAT) quarterly meetings
 Sustain timely submission of monthly logistics
requisition report from treatment hub. 
Promotion of the establishment/ sustenance of
functionality of Local AIDS Councils in
coordination with DILG.
 To be promoted during the Local Dissemination
Forum for LCEs Lobby to LGU the
implementation of HIV Screening in health
facilities.
D. ROLES OF THE DEPARTMENT OF HEALTH
 Policy dissemination
 Capacitate health facilities to promote the
continuum of HIV/ STI prevention, diagnostic,
treatment and care services to key populations
 Provide information on HIV and STI services
promotion
 Logistics augmentation to health facilities
providing STI and HIV/ AIDS services
 Enhance strategic information campaign
regionwide
 Conduct monitoring and evaluation activities to
identify gaps and propose tangible plans
E. ROLES OF LOCAL GOVERNMENT UNITS (LGUs)
 Implement policies/ issuances on STI HIV/ AIDS -
Conduct mapping of affected key populations -
Support establishment of Local AIDS Council
 Ensure adequate supply of logistics needed in
providing quality STI and HIV services
 Strengthen advocacy strategies for STI and HIV
awareness across key populations
 Advocate for STI and HIV testing especially
among key populations
 Network with various agencies and NGOs for
wider coverage of STI services and advocacy
 Capacitate frontline heath workers in providing
STI HIV/ AIDS awareness, skills in counseling and
testing etc
 Support HIV awareness and counseling activities
by strategically employing trained peer
educators
F. FUTURE PLANS/ STRATEGIES (2018-2022)
1. Continuum of HIV/ STI prevention, diagnostic,
treatment and care services to key populations:
(Training- e.g HIV counseling and testing,
Reagents and Medicines) This was among the
identified needs as part of STI health services to
prevent the sudden increasing number of STI
cases in their catchment areas. This also involves
STI health service delivery from prevention to
treatment, not only in the municipalities but in
the hospitals as well. Examples are a) the
Prevention of Maternal to Child Transmission
(PMTCT) of syphilis and HIV and the use of the
Syndromic Approach. This also involves
supporting the Treatment hub
2. Expand the platform for publicizing STI services
The health services in our trained facilities has to
be promoted to increase consultations,
enrollment to support and care services,
thereby decreasing the further spread of STIs
and HIV; the key population will be informed
through their peers, hence the training for Peer
educators. Other avenues for information
dissemination must also be explored such as
local celebrations, strategically setting-up
mobile service ports, hospital or school events,
mobile testing at establishments (call centers,
bars, jails, caravans etc)
3. Enhance strategic information For the LGU to
continuously conduct the following: a. Monitor
and prevent the spread of STI case in their areas,
and to conduct mapping of key affected
population b. Organize, analyze and use their
own data to intensify and customize strategies
28
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
4. Strengthen health system platform for broader
health outcomes This is to institutionalize and
sustain local responses not only in the LGUs but
also at the regional level. This includes the
establishment, monitoring and maintenance of
an RTI/ STI database for the program to be part
of the system. Examples are the sustenance of
the Regional AIDS Assistance Team (RAAT),
celebration of calendar activities (AIDS Candle
light Memorial Celebration and the World AIDS
Day) and initiation of the local AIDS councils at
the LGU level
5. Expansion of STI HIV/ AIDS service delivery spots
through the following:
i. Creation of an STI HIV/ AIDS hotline
ii. Support establishment and
operations of HIV/ AIDS support
groups
iii. Support to provincial/ city mobile
testing initiatives
iv. Increase collaboration with LGUs and
NGOs in the conduct of community
HIV screening (community or facility
based) with emphasis to proper
counseling and referral to prevent
loss to care
v. Promotion of the creation of
sundown clinics
vi. Establishment of Rapid HIV
Diagnostic (rHIVda sites) with
prioritization per year as per guideline
of the DOH-Central Office
6. Ensuring continuous supply of logistics to health
facilities providing STI and HIV services. A
logistics supply management system or
mechanism will be placed in these facilities to
ensure good flow of supply and demand
7. Expand tri-media advocacy campaigns on STI
HIV/ AIDS prevention and management (radio
shows, newsprint, social media, videos,
awarding of best practices)
8. Establishment of the Hepatitis B and C
G. THE PROGRAM’S OFFICIAL LOGO, IF ANY
National Leprosy Control Program
 Multi-agency effort to control Leprosy in the country
 With private and public partnership in achieving its goals to
lessen the burden of the disease and its mission to have a
leprosy-free country
VISION
 Leprosy-free Philippines by the year 2022
MISSION
 To ensure the provision of comprehensive, integrated
quality leprosy services at all levels of healthcare
Objectives
 To further reduce the disease burden and sustain provision
of high-quality leprosy services for all affected communities
ensuring that the principle of equity and social justice are
followed
 To decrease by 50% the identified hyper endemic cities
and municipalities
Program Components
 Early diagnosis and treatment
 Integration of leprosy services
 Referral system
 Case detection and diagnosis
 Advocacy and IEC focusing on stigma discrimination and
reduction
 Prevention of Deformity, self-care and rehabilitation
 Recording and reporting
 Monitoring, supervision and evaluation
Partner Institutions
 World Health Organization
 Novartis Foundation
 Sasakawa Memorial Health Foundation
 Culion Foundation, Inc.
 Philippine Leprosy Mission
 Cebu Leprosy and TB Research Foundation Inc.
 Philippine Dermatological Society
 Coalition of Leprosy Advocates and Patients in the
Philippines
 International Leprosy Association
Policies and Laws
 Administrative Order No. 167, s. 1965: Rules and Regulations
of Leprosy Control in the Philippines
 Republic Act No. 4073: An Act further liberalizing the
treatment of leprosy by amending and repealing certain
sections of the revised Administrative Code
 Presidential Decree No. 384 January 30, 1974: Amending
Republic Act No. 4073 entitled An Act further liberalizing
the treatment of leprosy by amending and repealing
certain sections of the revised Administrative Code
 Proclamation No. 467: Declaring the Last Week of February
of every year as Leprosy Week
 Administrative Order No. 26 – A, s. 1997: Guidelines on
Elimination of Leprosy as Public Health Problem
 Administrative Order No. 5, s. 2000: Guidelines on the
integration of leprosy services in hospitals
 Department memorandum No. 79, s. 2004:
Recommendations to pursue Leprosy Elimination Activities
in all areas in the country
 Department Circular 366-B, s. 2003: First Leprosy Forum of
the Philippine Dermatological Society on November 12,
2003
 Department Circular 254, s. 2004: Second Leprosy Forum of
the Philippine Dermatological Society on November 9, 2004
29
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP

Strategies, Action Points and Timeline Program Accomplishments

Indicators 2017
 Strengthen local government ownership, Prevalence rate of <1 per 0.4
coordination and partnership 10,000 population
MB/PB (new cases) 1660/249
 Ensuring political commitment and adequate
Children below 15 years old & 6.7%
resources for leprosy programs at all levels
proportion
 Contributing to UHC with a special focus on
children, women and underserved populations
 The National Leprosy Control Program in
including migrants and displaced people.
coordination with the Research Institute for
 Promoting partnerships with state and non-state
Tropical Medicine (RITM) has started the
actors and promote inter-sectoral collaboration
National Leprosy Baseline Survey in 2018 and
and partnerships at the international, national
expected to be completed last year, 2019.
and sub-national level
 This will help the program in prioritizing
 Facilitating and conducting basic and
augmentation in areas with high prevalence
operational research in all aspects of leprosy
rate.
and maximize the evidence base to inform
 This will also give a real picture of the country’s
policies, strategies and activities.
status in maintaining the elimination level of
 Strengthening surveillance and health
leprosy cases.
information systems for program monitoring and
 Continuous support has been given to all new
evaluation (including geographical information
MB and PB cases through:
systems)
 Provision of supportive drugs from the
 Stop leprosy and its complications 
NLCP and
Multidrug Therapy (MDT) from World
 Strengthening patient education and
community awareness on leprosy. Health Organization (WHO).
 Promoting early case detection through active
case-finding (e.g. campaigns) in areas of higher
endemicity and contact management.
 Ensuring prompt start and adherence to
treatment, including working towards improved
treatment regimens
 Improving and management of disabilities.
 Strengthening surveillance for antimicrobial
resistance including laboratory network.
 Promoting innovative approaches for training,
referrals and sustaining expertise in leprosy such
e-Health (LEARNS)
 Promoting interventions for the prevention of
infection and disease. -Chemoprophylaxis

 Stop discrimination and promote inclusion

 Promoting societal inclusion through addressing
all forms of discrimination and stigma
 Empowering persons affected by leprosy and
strengthen their capacity to participate actively
in leprosy services. -CLAP
 Involving communities in actions for
improvement of leprosy services
 Promoting societal inclusion through addressing
all forms of discrimination and stigma
 Empowering persons affected by leprosy and
strengthen their capacity to participate actively
in leprosy services. -CLAP
 Involving communities in actions for


improvement of leprosy services
Promoting coalition-building among persons
Program Manager
 Dr. Julie Mart C. Rubite
affected by leprosy and encourage the
 National Program Manager for Leprosy Control
integration of these coalitions and or their
Program
members with other CBOs.
 Disease Prevention and Control Bureau
 Promoting access to social and financial
 Contact No.: 651-7800 local 2354, 2350, 2354
support services, e.g. to facilitate income
 Email Address: nlcp.doh@gmail.com
generation, for persons affected by leprosy and
their families.
 Supporting community-based rehabilitation for
people with leprosy related disabilities
HANSEN’S DISEASE
 Leprosy, also known as Hansen’s Disease is a chronic,mildly
communicable disease caused by infection from
Calendar of Activities 
Mycobacterium leprae, a rod-shaped, acid-fast bacillus.
It primarily affects the skin; the mucous membranes,
 World Leprosy Day (Every last Sunday of January)
especially those in the nose; and the peripheral nervous
 Leprosy Control Week (Every 4th week of February)
system.
 National Skin Disease Detection and Prevention Week
 Leprosy exacts a high physical and social toll. If left
(Every 2nd week of November)
untreated, it can result in deformity and disability.
 In many societies, people with leprosy have been made
outcasts from their communities

30
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Symptoms:
Tuberculoid Lepromatous Mode of transmission
 Severe pain  Thickened skin on face  Mycobacterium leprae infection occurs primarily in human
 Muscle weakness  Nasal stuffiness beings.
 Skin stiffness and dryness  Bloody nose  Researchers do not know exactly how the bacteria are
 Loss of fingers and toes  Laryngitis transmitted.
 Eye problems  Collapsing of the nose  For many years, leprosy was believed to be transmitted
 Blindness  Swelling of the lymph through skin-to-skin contact.
 Enlarged nerves nodes in the groin and  However, experts now consider this unlikely because M.
armpits leprae are not usually found on the skin’s surface.
 Scarring of the testes that  Most evidence suggests that people become infected by
leads to infertility inhaling the bacteria.
 Enlargement of male  With each cough or sneeze of an untreated Person With
breasts Leprosy (PWL), the bacilli are discharged as droplets.
 Prolonged, close contact with infectious persons is likely to
increase the risk of transmission.
THE CAUSE
The Norwegian doctor, Gerhard Armauer Hansen first

observed M. leprae as an acid-fast, alcohol-fast, strong Susceptibility
Gram-positive bacillus in tissue specimens from leprosy  While the leprosy bacilli may be transmitted easily, perhaps
patients in 1873. 95 percent of people who are infected do not develop the
 The following year, he proposed that the bacteria caused disease.
leprosy; hence the name ‘Hansen’s Disease’ emerged  Cell-mediated immunity (CMI), or the body’s ability to resist
 Bacterium: Mycobacterium leprae infections, is the mechanism that protects against leprosy.
 It is not very contagious and it has a long  Most people who are exposed to M. leprae resist infection
incubation period (time before symptoms and develop immunity after this exposure.
appear), which makes it hard to know where or  Only a few actually develop the disease.
when someone caught the disease  Symptoms of leprosy typically appear three to five years
 The disease is spread in humans by droplets of nasal mucus after infection.
and a person is infectious only during the 1st stages of
leprosy
Diagnosis
 Diagnosis of leprosy is commonly based on clinical signs
Geographic Distribution of Countries that Have Hansen’s and symptoms.
 Only in rare instances is there a need to use laboratory and
Disease in the Population other investigations to confirm a diagnosis of leprosy.
 A person should be regarded as having leprosy if he
exhibits one or more of the following cardinal signs:
 Whitish (hypopigmented) or reddish patches of
skin called skin lesions with loss of feeling
 Damage to the peripheral nerves as
demonstrated by loss of sensation and
weakness of the muscles of the hands, feet
and/or face;
 Skin smears that are positive for M. leprae

WHO has 3 classifications of leprosy

Epidemiology
 You may be at risk for the disease if you live in a country
where the disease is widespread. Countries that reported
more than 1,000 new cases of Hansen’s disease to WHO
between 2011 and 2015 are:
 Africa: Democratic Republic of Congo, Ethiopia,
Madagascar, Mozambique, Nigeria, United
Republic of Tanzania
 Asia: Bangladesh, India, Indonesia, Myanmar,
Nepal, Philippines, Sri Lanka
 Americas: Brazil
 You may also be at risk if you are in prolonged close
contact with people who have untreated Hansen’s
disease.
If they have not been treated, you could get the bacteria

that cause Hansen’s disease.
 However, as soon as patients start treatment, they are no
longer able to spread the disease.
 Single Lesion Paucibacillary (SLPB)
 Identified by only one (1) leprosy lesion, whose
surface may either be normal, dry or scaly, with
some degree of loss of sensation.
 Border may be ill-defined or well-defined, and
slit skin smears are negative for M. leprae.
 Paucibacillary (PB)
 Two to five infiltrated patches, whose surface
may be normal, dry or scaly with absence of
hair growth.
 There may either be partial or total loss of
sensation.
 Borders are well-defined and skin smears are
negative for M. leprae. Peripheral nerves may
be affected
 MultiBacillary (MB)
 More than five macules, plaques, papules or
infiltrated patches, whose surface may be dry,
smooth and shiny.
 Outer borders are vague, sloping outwards and
merging imperceptibly with surrounding skin.
 Sensation may be normal or slightly diminished.
 More than one peripheral nerve is affected, and
skin smears are always positive for M. leprae.

31
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 (In 1997, the World Health Organization reduced the
Treatment duration of therapy for multibacillary leprosy to 12 months;
 The drug of choice of the National Leprosy Control however, in the United States, treatment continues to be
Program (NLCP) is the WHO-recommended Multi-Drug done for 24 months for severe cases.)
Therapy (MDT).  To date, there have been no reports of anti-microbial
 It is a combination of two or more of the following drugs: resistance to multi-drug therapy (MDT), much to the relief
Rifampicin, Clofazimine, Dapsone, Ofloxacin and of the World Health Organization (WHO).
Minocycline.  The WHO provides MDT in blister packs, freely available
 MDT is fast-acting and prevents the emergence of drug- throughout the world, thanks in part to partnerships with
resistant strains of M. leprae. pharmaceutical companies like Novartis.
 The blister packs provide an easy to transport and use
format for the patient.
Treatment Duration and Period of Communicability
 Leprosy can be cured with multi-drug therapy (MDT), a
combination of three antibiotics: rifampin, clofazimine and
dapsone.
 Treatment can take from six months to a year, sometimes
longer.
 People are no longer contagious after about one week of
MDT.

 Rifampicin - Ofloxacin - Minocycline (ROM)

 It is used to treat Single Lesion Paucibacillary
(SLPB) leprosy.
 Treatment is given in a single dose (two blister
packs for adults, one for children).

 Paucibacillary (PB) Regimen

 Rifampicin and Dapsone given in 28-day
monthly blister packs.
 Treatment is completed when the patient has
taken six packs within a maximum of 9 months.

 Different blister packs are given to different types of leprosy

patients.
 For less severe paucibacillary patients, only two antibiotics
are used.
 For the more serious multibacillary patient, a
three antibiotics are used as part of the treatment regimen.

 DAPSONE
 (4,4’ –diaminodiphenysulfone, DDS)
 Created in the early 20th century by German
chemists, this drug was only utilized in the fight
against leprosy in the late 1940s.
 Multibacillary (MB) Regimen  A popular leprosy drug due to its efficaciousness
and inexpensive cost, clinicians quickly became
 Rifampicin, Clofazimine and Dapsone given in
concerned about its use when used alone.
28-day monthly blister packs.
 Since the 1980s, the World Health Organization
 Treatment is completed when the patient has
has recommended that Dapsone must be used
taken twelve packs within a maximum of 18
in conjunction with other antibiotics.
months.
 Mode of action: Appears to be a competitive
inhibitor preventing the synthesis
of dihydropfolic acid (Jacobson 196).
 Side effects:
 In particular,
“DDS/Sulfone syndrome” is
well documented, starting 6 weeks
after dapsone treatment begins.
 Severe symptoms
include exfoliative dermatitis and
hepatitis

 RIFAMPIN/ RIFAMPICIN
 One of the second-generation leprosy drugs
discovered after Dapsone, monotherapy (i.e.
using the antibiotic alone) with this drug can
also lead to antibiotic resistance.
 Most clinicians feel that rifampin should be
 Today, a multi-drug approach is utilized to treat leprosy,
administered under supervision, to ensure
with a high success rate for cure.
proper compliance in addition to the monitoring
 However, patient compliance is essential, and treatment
of toxic side effects.
can be extremely long; 12-24 months.

32
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
 Rifampin’s bactericidal activity is the most rapid
of the three listed here
 Mode of action: Interferes with bacterial RNA
synthesis (Jacobson 199).
 Side effects:
 Most
commonly, hepatotoxicity (toxicity in
the liver); “flu like” symptoms.
 CLOFAZIMINE/ LAMPRENE
 Initially developed as a drug for tuberculosis, it
became an accepted agent for MDT therapy
for the multibacillary leprosy patient. Resistance
to the drug during monotherapy is possible
(Jacobson 201).
 Mode of action: Binds to the DNA of the leprosy
bacterium (Gladwin 136).
 Side effects:
 Discoloration of the skin into a
reddish/purplish-black skin tone but
usually clears several months after

treatment is stopped.
Discoloration is expected during
treatment of active disease
(Jacobson 201).
 Gastrointestinal complaints have also
been noted.
LEPROSY REACTIONS
 Hypersensitivity to the dying or dead leprosy bacteria can
result in marked reactions that may complicate MDT
therapy.
 MDT therapy should not be stopped despite the reactions.
 Instead, these reactions should be treated with
corticosteroids (e.g. prednisone), which reduces the
body’s hypersensitivity.
 Type 1 Reaction, or reversal reaction, occurs within 1 year
of treatment; symptoms include a marked swelling of
lesions as well as possible nerve function loss.
 Type 2 Reaction, or Erythema Nodosum Leprosum, is
associated with an outbreak of a painful, nodular rash. The
highly publicized drug, thalidomide, known for causing
birth defects, has been advocated for the treatment of this
reaction.
PREVENTIVE THERAPY
 The patient must also engage in protective measures to
prevent inadvertent injury, trauma or infection in areas with
anesthesia.
 Close monitoring of limbs, good hygiene and the use of
protective eyewear and eye-drops can significantly
prevent the morbidity associated with leprosy.
RECONSTRUCTIVE SURGERY
 The cosmetic effects of leprosy can be devastating. As
noted by the earliest clinicians, leprosy can turn a young
man into having an appearance of “an evil wrinkled old
man” (Richards 105). While physical therapy and special
apparatus can be applied to the patient’s limbs to help
with the “clawing” of hands and feet, reconstructive
surgery can result in a marked improvement in quality of
life and social acceptance. Grafts for eyebrows, nasal
reconstruction and face-lifts can reduce the patient’s
saddle-nose deformity or lion-like appearance. Peace of
mind through the therapy can be most helpful for the
patient’s recovery (Brand)
 WHAT CAUSES LEPROSY?
 Leprosy is caused by a germ called
Mycobacterium leprae. It was first seen under
the microscope by a Norwegian doctor,
Gerhard Amauer Hansen. That’s why it is
sometimes called Hansen’s Disease.
 HOW IS IT TRANSMITTED?
 M. leprae is spread via droplets when an
untreated Person With Leprosy (PWL) coughs or
sneezes. However, the transmission stops within
a month after the start of treatment.
 DO FINGERS AND TOES OF PWLS FALL OFF?
 No. M. leprae attacks nerves and destroys the
ability to feel pain. Without pain to warn them,
PWLs may injure themselves. Repeated injuries
lead to the dreadful deformities and disabilities.
 I MET A MAN WITH LEPROSY ON THE STREET. WILL I GET
INFECTED?
 No. It is not easy to get leprosy.
 About 95% of the world’s population has a
natural immunity against the disease.
 For those who do not have this immunity, they
must be exposed to the germ for long periods of
time before they can be infected.
 IS LEPROSY HEREDITARY?
 Leprosy is not hereditary.
 It is the susceptibility to the disease (the inability
to fight the leprosy germs) that is passed on to
children.
 In families where a parent has or had leprosy, it
is likely that one or more of the children are
susceptible.
 If the parent does not seek treatment, the
susceptible children may get infected.
 Can Armadillos cause leprosy?
 Armadillos are the only other animals besides
humans to host the leprosy bacillus. In 2011,
the New England Journal of Medicine
published an article formally linking the creature
to human leprosy cases—people and armadillos
tested in the study both shared the same exact
strain of the disease.
 So, what’s unique about armadillos that make
them good carriers? Likely a combination of
body temperature and the fragile nature of the
disease. leprosy is a “wimp of a pathogen." It’s
so fragile that it dies quickly outside of the body
and is notoriously difficult to grow in lab
conditions. But with a body temperature of just
90 degrees, the armadillo presents a kind of
Goldilocks condition for the disease—not too
hot, not too cold. Bacterial transmission to
people can occur when we handle or eat the
animal.
 “The risk of acquiring leprosy from armadillos
remains extremely low,” said Dr. James
Krahenbuhl, director of NHDP. “Still, armadillos
have been suspected as a source of human
infection in the Gulf Coast area for 40 years. I
wouldn't mess around with their feces.”
 IS LEPROSY CURABLE?
 Yes, with Multi-Drug Therapy (MDT).
 It is a combination of at least two of the
following drugs: Rifampicin, Clofazimine,
Dapsone, Ofloxacin and Minocycline.
 MDT is taken for one dose (for single-lesion
leprosy), six months (for the mild type or PB
leprosy), or one year (for the severe or MB type).
33
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
MDT is available FREE in health centers all over
 information related to persons with psychiatric, neirologic,
the country.
 Good news: Can be treated with multi-drug therapy (MDT)
Mental Health Program
REPUBLIC ACT 11036
 An Act Establishing a National Mental Health Policy for the
Purpose of Enhancing the Delivery of Integrated Mental
Health Services, Promoting and Protecting the Rights of
Persons Utilizing Psychosocial Health Services, Appropriating
Funds Therefor and Other Purposes
Sec 1 Title
This Act shall be known as the "Mental Health Act."
Sec 2 Declaration of Policy
 The state affirms the basic right of all Filipinos to mental
health as well as the fundamental rights of people who
require mental health services
 The state commits itself to promoting the well-being of
people by ensuring that; mental health is valued,
promoted and protected; mental health conditions are
treated and prevented; timely, affordable, high quality,
and culturally-appropriate mental health case is made
available to the public; mental health service are free from
coercion and accountable to the service users; and
persons affected by mental health conditions are able to
exercise the full range of human rights, and participate fully
in society and at work free from stigmatization and
discrimination.
 The State shall comply strictly with its obligations under the
United Nations Declaration of Human Rights, the
Convention on the rights of Persons with Disabilities, and all
other relevant international and regional human rights
conventions and declarations. The applicability of Republic
act No. 7277, as amended, otherwise known as the
"Magna Carta for Disabled Persons", to person with mental
health conditions, as defined herein, is expressly
recognized
Sec 3 Objectives
a) Strengthen effective leadership and governance for
mental health by, among others, formulating, developing,
and implementing national policies, strategies, programs,
and regulations relating to mental health
b) Develop and establish a comprehensive, integrated
effective and efficient national mental health care system
responsive to the psychiatric, neurologic, and psychosocial
needs of the Filipino people
c) Protect the rights and freedoms of persons with psychiatric,
neurologic, and psychosocial needs; Filipino people
d) Strengthen information systems, evidence and research for
mental health
e) Integrated mental health care in the basic health services;
and
f) Integrate strategies promoting mental health in
educational institutions, the workplace, and in
communities.
Sec 4 Definitions
a) Addiction refers to a primary chronic relapsing disease of
brain reward, motivation, memory, and related circuitry.
Dysfunctions in the circuitry lead to characteristic
biological, psychological, social, and spiritual
manifestations. It is characterized by the inability to
consistently abstain impairment and behavioral control,
craving, diminished recognition of significant problems with
one's behavior and interpersonal relationships and a
dysfunctional emotional response
b) Carer refers to the person, who may or may not be
patient's next-of-kin or relative, who maintains a close
personal; relationship and manifests concern for the
welfare of the patient;
c) Confidentiality refers to ensuring that all relevant
and psychological health needs is kept safe from access or
use by, or disclosure to, persons or entities who are not
authorizes to access, use, or possess such information;
d) Deinstitutionalization refers to the process of transitioning
service users, including persons with mental health
conditions and psychosocial disabilities, from institutional
and other segregated settings, to community-based
settings that enable social participation, recovery-based
approaches to mental health, and individualized care in
accordance with the service user's will and preference;
e) Discrimination refers to any distinction, exclusion or
restriction which has the purpose or effect of nullifying the
recognition, enjoyment or exercise, on an equal basis with
others, of all human rights and fundamental freedoms in
the political, economic, social cultural, civil or any other
field. It includes all forms of discrimination, including denial
of reasonable accommodation. Special measure solely to
protect the rights or secure the advancement of persons
with decision-making impairment capacity shall not be
deemed to be discriminatory;
f) Drug Rehabilitation refers to the processes of medical or
psychotherapeutic treatment of dependency on
psychoactive substances such as alcohol, prescription
drugs, and other dangerous drugs pursuant to Republic
Act, 9165, otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002". Rehabilitation process may
also be applicable to diagnosed behavioral addictions
such as gambling, internet and sexual addictions. The
general intent is to enable the patient to confront the
psychological, legal, financial, social, and physical
consequences. Treatment includes medication for co-
morbid psychiatric or other medical disorders, counseling
by experts and sharing of experience with other addicted
individuals;
g) Impairment or Temporary Loss of Decision-Making
Capacity refers to a medically-determined inability on the
part of a service user or any other person affected by a
mental health condition, to provide informed consent. A
service user has impairment or temporary loss of decision-
making capacity when the service user as assessed by a
mental health professional is unable to do the following:
 Understand information concerning the nature
of a mental health condition
 Understand the consequences of one's
decisions and actions on one's life or health, or
the life or health of others
 Understand information about the nature of the
treatment proposed, including methodology,
direct effects, and possible side effects; and
 Effectively communicate consent voluntarily
given by a service user to a plan for treatment
or hospitalization, or information regarding one's
own condition
h) Informed Consent refers to consent voluntarily given by a
service user to a plan for treatment, after a full disclosure
communicated in plain language by the attending mental
health service provider, of the nature, consequences,
benefits, and risks of the proposed treatment, as well as
available alternatives;
i) Legal Representatives refers to a person designated by the
service user, appointed by a court of competent
jurisdiction, or authorized by this Act or any other
applicable law, to act on the service user's behalf. The
legal representative may also be a person appointed in
writing by the service user to act on his or her behalf
through an advance directive;
j) Mental Health refers to a state of well-being in which the
individual realizes one's own abilities and potentials, scopes
adequately with the normal stresses of life, displays
resilience in the face of extreme life events, works
productively and fruitfully, and is able to make a positive
contribution to the community;
k) Mental Health Condition refers to a neurologic or
psychiatric condition characterized by the existence of a
recognizable, clinically-significant disturbance in an
34
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
individual's cognition, emotional regulation, or behavioral
that reflects a genetic or acquired dysfunction in the
neurological, psychosocial, or developmental process
underlying mental functioning. The determination of
neurologic and psychiatric conditions shall be based on
scientifically-accepted medical nomenclature and best
available scientific and medical evidence;
l) Mental Health Facility refers to any establishment, or any
unit of an establishment, which has, as its primary fucntion,
the provision of mental health services;
m) Mental Heath Professional refers to a medical doctor,
psychologist, nurse social worker or any other appropriately
-trained and qualified person with specific skills relevant to
the provision of mental health services.
n) Mental Health Service Provider refers to an entity or
individual providing mental health services as defines in this
Act, whether public or private, including, but not limited to
mental health professionals and workers, social workers
and counselors, informal community caregivers, mental
health advocates and their organizations, personal
ombudsmen, and persons or entities offering nonmedical
alternative therapies;
o) Mental Health Service refer 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;
p) Mental Health Worker refers to a trained person, volunteer
or advocate engaged in mental health promotion,
providing support services under the supervision of a
mental health professional;
q) Psychiatric or Neurologic Emergency refers to a condition
presenting a serious and immediate threat to the health
and well being of a service user or any other person
affected by a mental health facilities and mental health
condition, or any other person affected by a metal
condition, or to the health or well-being of others, requiring
immediate medical intervention
r) Psychosocial Problems refers to a condition that indicates
the existence of dysfunctions in a person's behavior,
thoughts and feelings brought about by sudden extreme,
prolonged or cumulative stressors in the physical or social
environment;
s) Recovery-Based Approach refers to an approach to
intervention and treatment centered on the strengths of a
service user and involving the active participation, as
equal partners in care, of persons with lived experiences in
mental health. This requires integrating a service user's
understanding of his or her condition into any plan for
treatment and recovery;
t) Service User refers to a person with lived experience of any
mental health condition including persons who require or
are undergoing psychiatric, neurologic or psychosocial
care;
u) Support refers to the spectrum of informal and formal
arrangements or services of varying types and intensities,
provided by the State, private entities, or communities,
aimed at assisting a service user in the exercise of his or her
legal capacity or rights, including; community services;
personal assistants and ombudsman; powers of attorney
and other legal and personal planning tools; peer support;
support for self -advocacy; nonformal community
caregiver networks; dialogue systems; alternative , and
manual communication; and the use of assistive devices
and technology; and
v) Supported Decision Making refers to the act of assisting a
service user who is not affected by an impairment or loss of
decision-making capacity, in expressing a mental health-
related preference, intention or decision. It includes all the
necessary support, safeguards and measures to ensure
protection from undue influence, coercion or abuse
Sec 5 Rights of Service Users
Service users shall enjoy , on an equal and nondiscriminatory
basis, all rights guaranteed by the Constitution as well as those
recognizes under the United Nations Universal Declaration of
Human Rights and the Convention on the Rights of Persons with
Disabilities and all other relevant international and regional
human rights conventions and declarations, including the right
to:
a) Freedom from social economic, and political
discrimination and stigmatization, whether committed by
public or private actors
b) Exercise all their inherit civil, political, economic, social,
religious, educational, and cultural rights respecting
individual qualities, abilities, and diversity of background ,
without discrimination on the basis of physical disability,
age, gender, sexual orientation, race, color, language,
religion or nationality, ethnic, or social origin;
c) Access to evidence-based treatment of the same
standard and quality, regardless of age, sex,
socioeconomic status, race, ethnicity or sexual orientation;
d) Access to affordable essential health and social services
for the purpose of achieving the highest attainable
standard of mental health
e) Access to metal health service at all levels of the national
health care system
f) Access to comprehensive and coordinated treatment
integrating holistic prevention, promotion, rehabilitation,
care and support, aimed at addressing mental health care
needs through a multidisciplinary, user-driven treatment
and recovery plan;
g) Access to psychosocial care and clinical treatment in the
least restrictive environment and manner;
h) Humane treatment free from solitary confinement, torture,
and other forms of cruel inhumane, harmful or degrading
treatment and invasive procedures not backed by
scientific evidence;
i) Access to aftercare and rehabilitation when possible in the
community for the purpose of social reintegration and
inclusion;
j) Access to adequate information regarding available
multidisciplinary mental health services;
k) Participate in metal health advocacy, policy planning,
legislation, service provision, monitoring, research and
evaluation;
l) Confidentiality of all information, communications, and
records, in whatever form or medium stored, regarding the
service user, any aspect of the service user's mental health,
or any treatment or care received by the service user,
which information, communications, and records shall not
be disclosed to third parties without the written consent of
the service user concerned or the service user's legal
representative, except in the following circumstances:
 Disclose is required by law or pursuant to an
order issued by a court of competent jurisdiction
 The service user has expressed consent to the
disclosure
 A life-threatening emergency exists and such
disclosure is necessary to prevent harm or injury
to the service user or other persons
 The service user is a minor and the attending
mental health professional reasonably believes
that the service user is a victim of child abuse; or
 Disclosure is required in condition with an
administrative, civil, or criminal case against a
mental health professional ethics, to the extent
necessary to completely adjudicate, settle, or
resolve any issue or controversy involved therein
m) Give informed consent before receiving treatment or care,
including the right to withdraw such consent. Such consent
shall be recorded in the service user's clinical record
n) Participate in the development and formulation of the
psychosocial care or clinical treatment plan to be
implemented
o) Designate or appoint a person of legal age to act as his or
her legal representative in accordance with this Act,
except in cases of impairment or temporary loss of
decision-making capacity
p) Send or received uncensored private communication
which may include communication by letter, telephone or
electronic means, and receive visitors at reasonable times,
including the service user's legal representative and
35
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
representatives from the commission on Human Rights
(CHR)
q) Legal services, through competent counsel of the service
user's choice. In case the service user cannot afford the
service user cannot afford the service s of a counsel, the
Public Attorney's Office, or a lega; aid institution of the
service user or representative's choice, shall assist the
service user
r) Access to their clinical records unless, in the opinion of the
attending mental health professional, revealing such
information would cause harm to the service user's health
or put the safety of others at risk. When any such clinical
records are withheld, the service user or his or her legal
representative may contest such decision with the internal
review board created pursuant to this Act authorized to
investigate and resolve disputes, or with the CHR
s) Information, within the twenty-four (24) hours of admission
to a mental health facility, of the rights enumerated in this
section in a form and language understood by the service
user; and
t) By oneself or through a legal representative, to file with the
appropriate agency, complaints of improperties, abuses in
mental health care, violations of rights of persona with
mental health needs, and seek to initiate appropriate
investigation and action against those who authorized
illegal or unlawful involuntary treatment or confinement,
and other violations
Sec 6 Rights of Family Memebrs, Carers and Legal
Representatives
Family members, carers and duly designated or appointed legal
representative of the service user shall have the right to:
a) Receive appropriate psychosocial support from the
relevant government agencies
b) With the consent of the concerned service user,
participate in the formulation, development and
implementation of the service user's individual treatment
plan
c) Apply for release and transfer of the service user to an
appropriate mental health facility
d) Participate in metal health advocacy, policy planning,
legislation, service provision, monitoring, research and
evaluation
Sec 7. Rights of Mental Health Professionals
Mental health professional shall have the right to:
a) A safe and supportive work environment
b) Participate in a continuous professional development
program
c) Participate in the planning, development, and
management of mental health services
d) Contribute to the development and regular review of
standards for evaluating mental health services provided
to service users
e) Participate in the development of mental and health
policy and service delivery guidelines
f) Except in emergency situations, manage and control all
aspects of his or her practice, including whether or not to
accept or decline a service user for treatment; and
g) Advocate for the rights of a service user, in cases where
the service user's wishes are at odds with those of his or her
family or legal representatives
Sec 8. Informed Consent to Treatment
Service users must provide informed consent in writing prior to
the implementation by mental health professionals, workers, and
other service providers of any plan or program of therapy or
treatment, including physical or chemical restraint. All persons,
including physical or chemical restraint. All persons, including
service users, person with disabilities, and minors, shall be
presumed to possess legal capacity for the purpose of this Act or
any other applicable law, irrespective of the nature or effects of
their mental health conditions or disability. Children shall have
the right to express their views on all matters affecting
themselves and have such views given due consideration in
accordance with their age and maturity.
Sec 9. Advance Directive
A service user may set out his her preference in relation to
treatment through a signed, dated, and notarized advance
directive executed for the purpose. An advance directive may
be revoked by a new advance directive or by a notarized
revocation
Sec 10 Legal Representative
A service user may designate a person of lega; age to act as his
or her legal representative through a notarized document
executed for that purpose.
a) Functions. A service use's legal representative shall:
i. Provide the service user with support and help:
represent his or her interests; and receive
medical information about the service user in
accordance with this Act
ii. Act as substitute decision maker when the
service user has been assessed by a mental
health professional to have temporary
impairment of decision-making capacity
iii. Assist the service user vis-a-vis the exercise of
any right provided under this Act; and
iv. Be consulted with respect to any treatment or
therapy received by the service user. The
appointment of a legal representative may be
revoked by the appointment of a new legal
representative or by a notarized revocation
b) Declining an Appointment. A person thus appointed may
decline to act as a service user's legal representative.
However, a person who declines to continue being a
service user's legal representative must take reasonable
steps to inform the service user, as well as the service user's
attending mental health professional or worker, of such
decision
c) Failure to Appoint. - If the service user fails to appoint a
legal representative, the following persons shall act as the
service user's representative, in the order provided below:
i. The spouse, if any, unless permanently
separated from the service user by a decree
issued by a court of competent jurisdiction, or
unless such spouse has abandoned or been
abandoned by the service user for any period
which has not yet come to an end
ii. Non-minor children
iii. Either parent by mutual consent, if the service
user is a minor
iv. Chief, administrator, or medical director of a
mental health care facility; or
v. A person appointed by a Court.
Sec 11. Supported Decision Making
A service user may designate up to three (3) persons or
"supporters", including the service user's legal representative, for
the purposes of supported decision making. These supporters
shall have the authority to: access the service user's medical
information; consult with the service user vis-a-vis any proposed
treatment or therapy; and be present during service user's
appointments and consultations with mental health
professionals, workers and other service providers during the
course of treatment or therapy
Sec 12. Internal Review Board
Public and private health facilities are mandated to create their
respective internal review boards to expeditiously review all
cases, disputes, and controversies involving the treatment,
restraint or confinement of service users within their facilities
a) The Board shall be composed of the following:
i. A representative from the Department of Health
(DOH)
ii. A representative from the CHR
iii. A person nominated by an organization
representing service users and their families duly
accredited by the Philippine Council for Mental
Health; and
iv. Other designated members deemed necessary,
to be determined under the implementing rules
and regulations (IRR)
b) Each internal review board shall have the following powers
and functions:
i. Conduct regular review, monitoring, and audit
of all cases involving the treatment,
confinement or restraint of service users within its
36
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
jurisdiction
ii. Inspect mental health facilities to ensure that
service users therein are not being subjected to
cruel, inhumane, or degrading conditions or
treatment:
iii. Motu propio, or upon the receipt of a written
complaint or petition filed by a service user or a
service user's immediate family or legal
representative, investigate cases, disputes, and
controversies involving the involuntary
treatment, confinement or restraint of a service
user; and
iv. Take all necessary action to rectify or remedy
violations of a service user's rights vis-à-
vis treatment, confinement or restraint, including
recommending that an administrative, civil or
criminal case be filed by the appropriate
government agency.
Sec 13. Exceptions to Informed Consent
During psychiatric or neurologic emergencies, or when there is
impairment or temporary loss of decision-making capacity in
whether physical or chemical, may be administered or
implemented pursuant to the following safeguards and
conditions:
 In compliance with the service user's advance directives, if
available, unless doing so would pose an immediate risk of
serious harm to the patient or another person;
 Only to the extent that such treatment or restraint is
necessary, and only while a psychiatric or neurologic
emergency, or impairment or temporary loss of capacity,
exists or persists;
 Upon the order of the service user's attending mental
health professional, which order must be reviewed by the
internal review board of the mental health facility where
the patient is being treated within fifteen (15) days from the
date such order was issued, and every fifteen (15) days
thereafter while the treatment or restraint continues; and
 That such involuntary treatment or restraint shall be in strict
accordance with guidelines approved by the appropriate
authorities, which must contain clear criteria regulating the
application and termination of such medical intervention ,
and fully documented and subject to regular external
independent monitoring , review, and audit by the internal
review boards established by this Act
Sec 14. Quality of Mental Health Services
Mental health services provided pursuant to this Act shall be:
a) Based on medical and scientific research findings
b) Responsive to the clinical, gender, cultural and ethnic and
other special needs of the individuals being served
c) Most appropriate and least restrictive setting
d) Age appropriate; and
e) Provided by mental health professionals and workers in a
manner that ensures accountability
Sec 15.Mental Heath Services at the Community Level
 Responsive primary mental health services shall be
developed and integrated as part of the basic health
services at the appropriate level of care, particularly at the
city, municipal, and barangay level. The standards of
metal health services shall be determined by the DOH in
consultation with stakeholders based on current evidences
 Every local government unit (LGU) and academic
institution shall create their own program in accordance
with the general guidelines set by the Philippine Council for
Mental Health, created under this Act, in coordination with
other stakeholders. LGUs and academic institutions shall
coordinate with all concerned government agencies and
the private sector for the implementation of the program
Sec 16. Community-based Mental Heath Care Facilities
 The national government through the DOH shall fund the
establishment and assist in the operation of community-
based mental health care facilities in the provinces, cities
and cluster of municipalities in the entire country based on
the needs of the population, to provide appropriate
mental health care services, and enhance the rights-
based approach to mental health care
 Each community-based mental health care facility shall in
addition to adequate room, office or clinic, have a
complement of mental health professionals, allied
professionals, support staff, trained barangay health
workers (BHWs) volunteer, family members of patients or
service users, basic equipment and supplies and adequate
stock of medicines appropriate at that level.
Sec 17. Reportorial Requirements
LGUs through their health offices shall make a quarterly report to
the Philippine Conucil for Mental Health through the DOH. The
report shall include, among others, the following data: number
of patients/service users attended to and or served, the
respective kinds of mental illness or disability, duration and result
of the treatment, and patients/users' age, gender, educational
attainment and employment without disclosing the identities of
such patients/service user for confidentiality
Sec 18. Psychiatric, Psychosocial, and Neurologic Services in
Regional, Provincial, and Tertiary Hospitals
All regional, provincial, and tertiary hospitals, including private
hospitals rendering service to paying patients, shall provide the
following psychiatric, psychosocial, and neurologic services:
a) Short-term, in-patient, hospital care in a small psychiatric or
neurologic ward for service users exhibiting acute
psychiatric or neurologic symptoms
b) Partial hospital care for those exhibiting psychiatric
symptoms or experiencing difficulties vis-à-vis their personal
and family circumstances
c) Out-patient in close collaboration with existing mental
health programs at primary health care centers in the
same area’
d) Home care services for services users with special needs as
a result of, among others, long-term hospitalization,
noncompliances with or inadequacy of treatment, and
absence of immediate family
e) Coordination with drug rehabilitation center vis-a-vis the
care, treatment, and rehabilitation of persons suffering
from addiction and other substance-induced mental
health conditions; and
f) A referral system involving other public and private health
and social welfare service providers, for the purpose of
expanding access to programs aimed at preventing
mental illness and managing the condition of persons at
risk of developing mental, neurologic, and psychosocial
problems
Sec 19. Duties and Responsibilities of Mental Health Facilities
a) Establish policies, guidelines, and protocols for minimizing
the use of restrictive care and involuntary treatment
b) Inform service user of their rights under this Act and all
other pertinent laws and regulations
c) Provide every service user, whether admitted for voluntary
treatment, with complete information regarding the plan
of treatment to be implemented
d) Ensure that informed consent is obtained from service users
prior to the implementation of any medical procedure or
plan of treatment or care, except during psychiatric or
neurologic emergencies or when the service user has
impairment or temporary loss of decision-making capacity
e) Maintain a register containing information on all medical
treatments and procedures administered to service users;
and
f) Ensure that legal representatives are designated or
appointed only after the requirements of this Act and the
procedures established for the purpose have been
observed, which procedures should respect the autonomy
and preferences of the patient as far as possible
Sec 20 Drug Screening Services
Pursuant to its duty to provide mental health service and
consistent with the policy of treating drug dependency as a
mental health issue, each local health care facility must be
capable of conducting drug screening
Sec 21.Suicide Prevention
Mental health services shall also include mechanisms for suicide
intervention, prevention, and response strategies, with particular
attention to the concerns of the youth. Twenty-four seven (24/7)
hotlines, to provide assistance to individuals with mental health
conditions, especially individuals at risk of committing suicide,
37
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
shall be set up, and existing hotlines shall be strengthened
Sec 22 Public Awareness
The DOH and the LGUs shall initiate and sustain a heightened
nationwide multimedia campaign to raise the level of public
awareness on the protection and promotion of mental health
and rights including, but not limited to, mental health and
nutrition, stress handling, guidance and counseling, and other
elements of mental health.
Sec 23. Integration of Mental Health into the Educational System
The State shall ensure the integration of mental health into the
educational system, as follows:
a) Age-appropriate content pertaining to mental health shall
be integrated into the curriculum at all educational levels;
and
b) Psychiatry and neurology shall be required subjects in all
medical and allied health courses, including post-graduate
courses in health
Sec 24. Mental Health Promotion in Educational Institutions
 Educational Institutions, such as schools, colleges,
universities, and technical schools, shall develop policies
and programs for students, educators, and other
employees designed to: raise awareness on mental health
issues, identified and provide support and services for
individuals at risk, and facility access, including referral
mechanisms of individual with metal health conditions to
treatment and psychosocial support
 All public and private educational institutions shall be
required to have a complement of mental health
professionals
Sec 25. Mental Health Promotion and Policies in the Workplace
Employers shall develop appropriate policies and programs on
mental health issues, correct the stigma and discrimination
associated with mental conditions, identify and provide support
for individuals with mental health conditions to treatment and
psychosocial support
Sec 26.Capacity Building, Reorientation, and Training
In close coordination with mental health facilities, academic
institutions, and other stakeholders, mental health professionals,
workers, and other service providers shall undergo capacity
building, reorientation, and training to develop their ability to
deliver evidence-based, gender-sensitive, culturally appropriate
and human rights-oriented mental health services, with
emphasis on the community and public health aspects of metal
health
Sec 27. Capacity Building of Barangay Health Workers (BHWs)
 The DOH shall be responsible for disseminating information
and providing training programs to LGUs. The LGUs, with
technical assistance from the DOH, shall be responsible for
the training of BHWs and other barangay volunteers on the
promotion of mental; health. The DOH shall provide
assistance to LGUs with medical supplies and equipment
needed by BHWs to carry out their functions effectively.
Sec 28. Research and Development
 Reasearch and development shall be undertaken, in
collaboration with academic institutions, psychiatric,
neurologic, and related associations, and nongovernment
organizations, to produce the information, data, and
evidence necessary to formulate and develop a culturally
relevant national mental health program incorporating
indigenous concepts and practices related to metal
health
 High ethical standards in mental health research shall be
promoted to ensure that: research is conducted only with
the free and informed consent of the persons involved:
researchers do not receive any privileges, compensation or
remuneration in exchange for encouraging or recruiting
participants; potentially harmful or dangerous research is
not undertaken all research is approved by an
independent ethics committee, inaccordance with
applicable law
 Research and development shall also be undertaken vis-à-
vis nonemedical, traditional or alternative practices
Sec 29.The National Center for Mental Health (NCMH)
The NCMH, formerly the National Mental Hospital being the
premiere training and research center development of
interventions on mental and neurological services in the country
Sec 30. Duties and Responsibilities of the Departmnent of Health
(DOH)
Duties and Responsibilities of the Departmnent of Health (DOH). -
To achieve the policy and objectives of this Act, the DOH shall:
a) Formulate, develop, and implement a national mental
health program. In coordination with relevant government
agencies, create a framework for Mental Health
Awareness Program to promote effective strategies
regarding mental healthcare, its components, and
services, as well as to improve awareness on stigmatized
medical conditions
b) Ensure that a safe, therapeutic, and hygienic environment
with sufficient privacy exists in all mental health facilities
and, for this purpose, shall be responsible for the regulation,
licensing, monitoring, and assessment of all mental health
facilities
c) Integrated mental health into the routine health
information systems and identify, collate, routinely report
and use core mental health data disaggregated by sex
and age, and health outcomes, including data on
complete and attempted suicides, in order to improve
mental health service delivery: promotion and prevention
strategies
d) Improve research capacity and academic collaboration
on national priorities for research in mental health,
particularly operational research with direct relevance to
service development, implementation, and the exercise of
human rights by persons with mental health conditions,
including establishment of centers of excellence
e) Ensure that all public and private mental health institution
uphold the right of patients to be protected against torture
or cruel, inhumane, and degrading treatment
f) Coordinate with the Philippine Health Insurance
Corporation to ensure that insurance packages equivalent
to those covering physical disorders of comparable impact
to the patient, as measured by Disability-Adjusted Life Year
or other methodologies, are available to patients affected
by mental health conditions;
g) Prohibit forced or inadequately remunerated labor within
mental health facilities, unless such labor is justified as part
of an accepted therapeutic treatment program
h) Provide support services for families and co-workers of
service users, mental professionals, workers, and other
service providers
i) Develop alternatives to institutionalization, particularly
community, recovery-based approaches to treatment
aimed at receiving patients discharged from hospitals,
meeting the needs expressed by persons with mental
health conditions, and respecting their autonomy,
decisions, dignity, and privacy
j) Ensure that all health facilities shall establish their respective
internal review boards. In consultation with stakeholders,
the DOH shall promulgate the rules and regulations,
necessary for the efficient disposition of all proceedings,
matters, and cases referred to or reviewed by the internal
review board;
k) Establish a balanced system of community-based and
hospital-based mental health services at all levels of the
public health care system from the barangay, municipal,
city, provincial, regional to the national level; and
l) Ensure that all health workers shall undergo human rights
trainings in coordination with appropriate agencies or
organizations.
Sec 31. Duties and Responsibilities of the Commission on Human
Tights (CHR)
a) Establish mechanisms to investigate, address, and set upon
complaints to impropriety and abuse in the treatment and
care received by service users, particularly when such
treatment or care is administered or implemented
voluntarily
b) Inspect mental health facilities to ensure that service users
therein are not being subjected to cruel, inhumane, or
degrading conditions or treatment
c) Investigate all cases involving involuntary treatment,
confinement, or care or service users, for the purpose of
38
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
ensuring strict compliance with domestic and international
standards respecting the legality, quality, and
appropriateness of such treatment, confinement, or care;
and
d) Appoint a focal commissioner for mental health tasked
with protecting and promoting the rights of service users
and other persons utilizing mental health services or
confined in mental health facilities, as well as the rights of
mental health professionals and workers. The focal
commissioner shall, upon a finding that a mental health
facility, mental health professional, or mental health worker
has violated any of the rights provided for in this Act, take
all necessary actions to rectify or remedy such violation,
including recommending that an administrative, civil, or
criminal case be filed by the appropriate government
agency
Sec 32. Investigative Role of the Commission on Human Rights
(CHR).
The investigative role of the CHR as provided in the pertinent
provisions of this Act shall be limitted to all violations of human
rights involving civil and political rights consistent with the powers
and functions of the CHR under Section 18 of Article XIII of the
Constitution.
Sec 33. Compliant and Investigationv
 The DOJ, CHR and Department of Justice shall receive all
complaints of improprieties and abuses in mental health
care and shall initiate appropriate investigation and action
 Further, the CHR shall 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 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
 The CHR may. motu propio, file a complaint against erring
mental health care institutions should they find any
noncompliance, based on its investigations
Sec 34. Duties and Responsibilities of the Department of
Education (DepED), Commission on Higher Education (CHED),
and the Technical Education and Skills Development Authority
(TESDA)
The DepED, CHED and TESDA shall:
A. Integrate age-appropriate content pertaining to mental
health into curriculum at all educational levels both in
public and private institutions
B. Develop guidelines and standards on age-appropriate
and evidence-based mental health programs both in
public and private institutions
C. Pursue strategies that promote the realization of mental
health and well-being in educational institutions; and
D. Ensure that mental health promotions in public and private
educational institutions shall be adequately
complemented with qualified mental health professionals.
Sec 35. Duties and Responsibilities of the Department of Labor
and Employment (DOLE) and the Civil Service Commission (CSC)
a) Develop guidelines and standards on appropriate and
evidence-based mental health programs for the
workplace as described in this Act; and
b) Develop policies that promote mental health in the
workplace and address stigma and discrimination suffered
by people with mental health conditions
Sec 36. Duties and responsibilities of the Department of Social
Welfare and Development (DSWD).
a) Refer service users to mental health facilities, professionals,
workers, and other service providers for appropriate care
b) Provide or facilitate access to public or group housing
facilities, counselling, therapy, and livelihood training and
other available skills development programs; and
c) In coordination with the LGUs and the DOH, formulate,
develop, and implement community resilience and
psychosocial well-being training, including psychosocial
support services during and after natural disaster and other
calamities
Sec 37. Duties and Responsibilities of the Local Government Units
(LGUs)
a) Review, formulate, and develop the regulations and
guidelines necessary to implement an effective mental
health care and wellness policy within the territorial
jurisdiction of each LGU, including the passage of a local
ordinance on the subject of mental health, consistent with
existing relevant national policies and guidelines
b) Integrate mental health care services in the basic health
care services, and ensure that mental health services are
provided in primary health care facilities and hospitals,
within their respective territorial jurisdictions
c) Establish training programs necessary to enhance the
capacity of mental health care service providers at the
LGU level, in coordination with appropriate national
government agencies and other stakeholders
d) Promote deinstitutionalization and other recovery-based
approaches to the delivery of mental health care services
e) Establish, reorient, and modernize mental health care
facilities necessary to adequately provide mental health
services, within their respective territorial jurisdictions
f) Where independent living arrangements are not available,
provide or facilitate access to public housing facilities,
vocational training and skills development programs, and
disability or pension benefits
g) Refer service users to mental health facilities, professionals,
workers, and other service providers for appropriate care;
and
h) Establish a multi-sectoral stakeholder network for the
identification, management, and prevention of mental
health conditions
Sec 38. Upgrading of Local Hospitals and Health Care Facilities
Each LGU. Upon its determination of necessity based on well-
supported data provided by its local health office, shall establish
or upgrade hospitals and facilities with adequate and qualified
personnel, equipment and supplies to be able to provide mental
health services and to address psychiatric
emergencies: Provided, That people in geographically isolated
and/or high populated and depressed areas shall have the
same level of access and shall not be neglected by providing
other means such as home visits or mobile health care clinic, as
needed; Provided further, That the national government shall
provide additional funding and other necessary assistance for
the effective implementation of this provision.
Sec 39.Mandate
The Philippine Council for Mental health, herein referred to as
the Council, is hereby established as a policy-making planning,
coordinating and advisory body, attached to the DOH to
oversee the implementation of this Act, particularly the
protection of the rights and freedom of persons with psychiatric,
neurologic, and psychosocial needs and the delivery of rational,
unified and integrated mental health services responsive to the
needs of the Filipino people
Sec 40. Duties and functions
The Council shall exercise the following duties:
a) Develop and periodically update, in coordination with the
DOH, a national multi-sectoral strategic plan for mental
health that further operationalizes the objectives of this Act
which shall include the following:
i. The country's target and strategies in protecting
the rights of Filipinos with mental health needs
and in promoting mental health and the well-
being of Filipinos, as provided in this Act
ii. The government's plan in establishing a rational,
unified and integrated service delivery network
for mental health services including the
developmental health human resources and
information system for mental health; and
iii. The budgetary requirements and a corollary
investment plan that shall idetntify the sources
of funds for its implementation;
b) Monitor the implementation of the rules and regulations of
this Act and the strategic plan for mental health,
undertake mid-term assessments and evaluations of the
impact of the interventions in achieving the objectives of
this Act
c) Ensure the implementation of the policies provided in this
39
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
Act, and issue or cause issuance of orders, or make
recommendations to the implementing agencies as the
Council considers appropriate
d) Coordinate the activities and strengthen working
relationships among national government agencies, LGUs,
and nongovernment agencies involved in mental health
promotion;
e) Coordinate with foreign and international organizations
regarding data collection, research and treatment
modalities for persons with psychiatric, neurologic and
substance use disorder and other addictions;
f) Coordinate joint planning and budgeting of relevant
agencies to ensure funds for programs and projects
indicated in the strategic medium-term plan are included
in the agency's annual budget;
g) Call upon other government agencies and stakeholders to
provide data and information in formulating policies and
programs, and to assist the Council in the performance of
its functions; and
h) Perform other duties and functions necessary to carry out
the purpose of this Act
Sec 41. Composition
The Council shall be composed of the following:
a) Secretary of DOH as Chairperson
b) Secretary of DepED;
c) Secretary of DOLE;
d) Secretary of the Department of the Interior and Local
Government (DILG);
e) Chairperson of CHR;
f) Chairperson of CHED;
g) One (1) from the academe/research;
h) One (1) representative from medical or health professional
organizations;
i) One (1) one representative from nongovernment
organizations (NGOs) involved in mental health issues.
The members of the Council from the government may
designate their permanent authorized representatives.
Within thirty (30) days from the effectivity of this Act, the
members of the Council from the academe/research, private
sector and NGOs shall be appointed by the President of the
Philippines from a list of three (3) nominees submitted by the
organizations, as endorsed by the Council.
Members representing the academe/research, private sector
and NGOs of the Council shall serve for a term of three (3) years.
In case a vacancy occurs in the Council, any person chosen to
fill the position vacated by a member of the Council shall only
serve the unexpired term of said member.
Sec 42.Creation of the DOH Mental Health Division.
There shall be created in the DOH, a Mental Health Division,
under the Disease Prevention and Control Bureau, staffed by
qualified mental health specialists and supported with an
adequate yearly budget. It shall implement the National Mental
Health Program and, in addition, shall also serve as the
secretariat of the Council.
Sec 43. Voluntary Submission of a Drug Dependent to
Confinement, treatment and Rehabilitation
Persons who avail of the voluntary submission provision and
persons charged pursuant to Republic Act No. 9165, otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002",
shall undergo an examination for mental health conditions and.
if found to have mental health conditions, shall be covered by
the provision of this Act.
Sec 44. Penalty Clause
Any person who commits any of the following acts shall, upon
conviction by final judgment, be punished by imprisonment of
not less than six (6) months, but not more than two (2) years, or a
fine of not less than Ten thousand pesos (P10,000.00), but not
more than Two hundred thousand pesos (P200,000.00), or both,
at the discretion of the court:
 Failure to secure informed consent of the service user,
unless it falls under the exceptions provided under Section
18 of this Act;
 Violation of confidentiality of information, as defined under
Section 4(c) of this Act;
 Discrimination against a person with mental-health
condition, as defined under Section 4(e) of this Act; and
 Administering inhumane, cruel, degrading or harmful
treatment not based on medical or scientific evidence as
indicated in Section 5(h) of this Act;
If the violation is committed by a juridical person, the penalty
provided for in this Act shall be imposed the directors, officers,
employees or other officials or persons therein responsible for the
offense.
If the violation is committed by an alien, the alien offender shall
be immediately deported after service of sentence without
need of further proceedings.
These penalties shall be without prejudice to the administrative
or civil liability of the offender, or the facility where such violation
occurred
Sec 45. Appropriations
 The amount needed for the initial implementation of this
Act shall be charged against the 2018 appropriations of
the DOH for the following maintenance and other
operating expenses of the national mental health
program, capital outlays for the development of
psychiatric facilities among selected DOH hospitals, and
formulation of the strategic plan for mental health
 For the succeeding years, the amount allocated for mental
health in the DOH budget and in the budget of other
agencies with specific mandates provided in this Act shall
be based on the strategic plan formulated by the Council,
in coordination with other stakeholders. The amount shall
be included in the National Expediture Program (NEP) as
basis for the General Appropriations Bill (GAB)
Sec 46. Implementing Rules and Regulations (IRR)
The Secretary of Health in coordination with the CHR, DSWD,
DILG, DepED, CHED, TESDA, DOLE, CSC and together with
associationsor organizationsrepresenting service users and
mental professionals, workers, and other service providers, shall
issue the IRR necessary for the effective implementation of this
Act within one hundred twenty (120) days from the effectivity
thereof.
Sec 47. Separability Clause
If any provision on this Act is declared unconstitutional or invalid
by a court of copmpetent jurisdiction, the remaining provisions
not affected thereby shall continue to be in full force and effect
Sec 48. Repealing Clause
All laws, decrees, executive orders, department or
memorandum orders and other administrative issuances or parts
thereof which are inconsistent with the provisions of this Act are
hereby modified, suspended or repealed accordingly.
accordingly
Sec 49. 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
Description
 Mental health and well-being is a concern of all.
Addressing concerns related to MNS contributes to the
attainment of the SDGs. Through a comprehensive mental
health program that includes a wide range of promotive,
preventive, treatment and rehabilitative services; that is for
all individuals across the life course especially those at risk
of and suffering from MNS disorders; integrated in various
treatment settings from community to facility that is
implemented from the national to the barangay level; and
backed with institutional support mechanisms from
different government agencies and CSOs, we hope to
attain the highest possible level of health for the nation
40
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
because there is no Universal Health Care without mental
health
Vision
 A society that promotes the well-being of all Filipinos,
supported by transformative multi-sectoral partnerships,
comprehensive mental health policies and programs, and
a responsive service delivery network
Mission
 To promote over-all wellness of all Filipinos, prevent mental,
psychosocial, and neurologic disorders, substance abuse
and other forms of addiction, and reduce burden of
disease by improving access to quality care and recovery
in order to attain the highest possible level of health to
participate fully in society.
Objectives
1. To promote participatory governance and leadership
in mental health
2. To strengthen coverage of mental health services
through multi-sectoral partnership to provide high
quality service aiming at best patient experience in a
responsive service delivery network
3. To harness capacities of LGUs and organized groups to
implement promotive and preventive interventions
on mental health
4. To leverage quality data and research evidence for
mental health
5. To set standards for compliance in different aspects of
services
Program Components
1. Wellness of Daily Living
 All health/social/poverty reduction/safety and
security programs and the like are protective factors
in general for the entire population
 Promotion of Healthy Lifestyle, Prevention and Control
of Diseases, Family wellness programs, etc
 School and workplace health and wellness programs
2. Extreme Life Experience
 Provision of mental health and psychosocial support
(MHPSS) during personal and community wide
disasters
3. Mental Disorder
4. Neurologic Disorders
5. Substance Abuse and other Forms of Addiction
 Provision of services for mental, neurologic and
substance use disorders at the primary level from
assessment, treatment and management to referral;
and provision of psychotropic drugs which are
provided for free.
 Enhancement of mental health facilities under HFEP
Partner Institutions
 NGAs ( DOLE, DSWD, DepEd, Tesda, CHED, DILG)
NGOs (WHO, PPA, PAP, PNA, PLAE, AWIT Foundation, WAPR,
NGF)
Policies and Laws
 DOH Administrative Order No. 8 series of 2001 The National
Mental Health Policy
DOH Administrative Order No. 2016-0039 Revised
Operational Framework for a Comprehensive National
Mental Health Program
Republic Act No. 11036 Mental Health Act
Strategies, Action Points and Timeline
 Governance
 Service coverage
 Advocacy
 Evidence
 Regulation
Program Accomplishments/Status
1. Passage of the Republic Act No. 11036 dataed June 20,
2018 "An Act Establishing a National Mental Health
Policy for the Purpose of Enhancing the Delivery of
Integrated Mental Health Services, Promoting and
Protecting the Rights of Persons Utilizing Psychiatric,
Neurologic and Psychosocial Health Services,
Appropriating Funds Therefore and for Other
Purposes"
2. DOH Administrative Oreder No. 2016-0039 dated
October 28, 2016 " Revised Operational Framework
for a Comprehensive National Mental Health
Program"
3. National Mental Health Program Strategic Plan 2018-
2022
4. Harmonized MHPPS Training Manual
5. Development of the Implementing Rules and
Regulation of the RA No. 11036 also known as The
Mental Health Act
6. Conduct of the Advocacy Activities such as 2nd Public
Health Convention on Mental Health, Observance of
the World Health Day, World Suicide Prevention Day,
National Mental Health Week and Mental Health Fairs
7. Training on Mental Health Gap Action Programme
8. Conduct of The National Prevalence Survey on Mental
Health
9. Establishment of the Medicine Access Program for
Mental Health
Calendar of Activities
 September 10 - World Suicide Prevention Day
 October 10 -World Mental Health Day
 2nd Week of October - National Mental Week
Statistics
The World Health Organization (WHO) estimates that
A. 154 million people suffer from depression
B. million from schizophrenia
C.
D.
877,000 people die by suicide every year
50 million people suffer from epilepsy
E. 24 million from Alzheimer’s disease and other dementias
F. 15.3 million persons with drug use disorders
In the Philippines
1. 2004 WHO study, up to 60% of people attending primary
care clinics daily in the country are estimated to have one
or more MNS disorders.
2. 2000 Census of Population and Housing showed that
mental illness and mental retardation rank 3rd and 4th
respectively among the types of disabilities in the country
(88/100,000
3. Data from the Philippine General Hospital in 2014 show that
epilepsy accounts for 33.44% of adult and 66.20% of
pediatric neurologic out-patient visits per year.
4. Drug use prevalence among Filipinos aged 10 to 69 years
old is at 2.3%, or an estimated 1.8 million users according to
the DDB 2015 Nationwide Survey on the Nature and Extent
of Drug Abuse in the Philippines
5. 2011 WHO Global School-Based Health Survey has shown
that in the Philippines, 16% of students between 13-15 years
old have ever seriously considered attempting suicide
while 13% have actually attempted suicide one or more
times during the past year.
6. The incidence of suicide in males increased from 0.23 to
3.59 per 100,000 between 1984 and 2005 while rates rose
41
PCM 3 2021 Source: Jonathan O Loreche MD RMT DFM FPAP
from 0.12 to 1.09 per 100,000 in females (Redaniel, Dalida
and Gunnell, 2011).
7. Intentional self-harm is the 9th leading cause of death
among the 20-24 years old (DOH, 2003).
8. A study conducted among government employees in
Metro Manila revealed that 32% out of 327 respondents
have experienced a mental health problem in their lifetime
(DOH 2006).
9. Based on Global Epidemiology on Kaplan and Sadock’s
Synopsis of Psychiatry, 2015 and Kaufman’s Clinical
Neurology for Psychiatrists, 7th edition, 2013
a) Schizophrenia ---1% …..1 Million
b) Bipolar ---1% …. 1 Million
c) Major Depressive Disorder ---17% …. 17 M
d) Dementia --- 5% (of older than 65) …..
e) Epilepsy ---0.06% …. 600,000

Program Manager Contact Information

Ms. Frances Prescilla L. Cuevas
Chief Health Program Officer
Disease Prevention And Control Bureau-Essential Non-
Communicable Disease Division
Tel. No. 651-7800 Local 1750-1752
-------
last updated : 2018

42
PCM 3 2021 Source: Jonathan Loreche ppt and notes
Tobacco Act
 REPUBLIC ACT NO. 9211
 An act regulating the packaging, use, sale distribution and
advertisements of tobacco products and for other
purposes
Sec 1. Short Title
TOBACCO REGULATION ACT OF 2003
Sec 2. Policy
It is the policy of the State to protect the populace from
hazardous products and promote the right to health and instill
health consciousness among them. It is also the policy of the
State, consistent with the Constitutional ideal to promote the
general welfare, to safeguard the Interests of the workers and
other stakeholders in the tobacco industry. For these purposes,
the government shall institute a balanced policy whereby the
use, sale, and advertisements of tobacco products shall be
regulated in order to promote a healthful environment and
protect the citizens from the hazards of tobacco smoke, and at
the same time ensure that the interest of tobacco farmers,
growers, workers and stakeholders are not adversely
compromised
Sec 3. Purpose
It is the main thrust of this Act to:
a. Promote a healthful environment
b. Inform the public of the health risks associated with
cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco
advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking
and tobacco use by prohibiting the sale of tobacco
products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate
alternative agricultural crops to prevent economic
dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-
Tobacco) to oversee the implementation of the provision
of this Act.
Sec 4. Definition of Terms
a) "Advertisement" - refers to any visual and/or audible
message disseminatedto the public about or on a
particular product that promote and give publicity by
words, designs, images or any other means through
broadcasts, electronic, print or whatever form of mass
media, including outdoor advertisements, such as but no
limited to signs and billboards. For the purpose of this Act,
advertisement shall be understood as tobacco
advertisement.
b) "Advertising" - refers to the business of conceptualizing,
presenting, making available and communicating to the
public, through any form of mass media, any fact, data or
information about the attributes, features, quality or
availability of consumer products, services or credit. For the
purpose of this Act, advertising shall be understood as
tobacco advertising. This shall specifically refer to any
messages and images promoting smoking; the purchase or
use of cigarette or tobacco trademarks brand names,
design and manufacturer's names;
c) "Advertiser" - refers to a person or entity on whose account
of for whom an advertisement is prepared and
disseminated by the advertising agency, which is service
established and operated for the purpose of counseling or
creating and producing and/or implementing advertising
program in various forms of media;
d) "Cigarette" - refers to any roll or tubular construction, which
contains tobacco or its derivatives and is intended to be
burned or heated under ordinary conditions of use;
e) "Distributor" - refers to any person to whom a tobacco
product is delivered or sold for purposes of distribution in
commerce, except that such terms does not include a
manufacturer or retailer or common carrier of such
product;
f) "Mass Media" - refers to any medium of communication
designed to reach a mass of people. For this purposes,
mass media includes print media such as, but not limited
to, newspapers, magazines, and publications; broadcast
media such as, but not limited to, radio, television, cable
television, and cinema; electronic media such as but not
limited to the internet;
g) "Minor" - refers to any person below eighteen (18) years
old; y
h) "Manufacturer" - refers to any person entity, including a re-
packer, who makes, fabricates, assembles, processes, or
labels a finished product;
i) "Package" - refers to pack, boxes, cartons or containers of
any kind in which any tobacco product is offered for sale
to consumers;
j) "Persons" - refers to an individual, partnership, corporation
or any other business or legal entity;
k) "Point-of-sale" - refers to any location at which an individual
can purchase or otherwise obtain tobacco products;
l) “Promotions" - refers to an event or activity organized by or
on behalf of a tobacco manufacturer, distributor or retailer
with the aim of promoting a brand of tobacco product,
which event or activity would not occur but for the support
given to it by or on behalf of the tobacco manufacturer's
name, trademark, logo, etc. on non-tobacco products.
This includes the paid use of tobacco products bearing the
brand names, trade names, logos, etc. in movies, television
and other forms of entertainment. For the purpose of thus
Act, promotion shall be understood as tobacco promotion;
m) "Public Conveyance" - refers to mode of transportation
servicing the general population such as, but not limited to,
elevators, airplanes, buses, taxicabs, ships, jeepneys, light
rail transits, tricycles, and similar vehicles;
n) "Public Places" - refer to enclose or confined areas of all
hospitals, medical clinics, schools, public transportation
terminals and offices, and building such as private and
public offices, recreational places, shopping malls, movie
houses, hotels, restaurants, and the like;
o) "Retailer" - refers to any person who or entity that sells
tobacco products to individuals for personal consumption;
p) "Smoking" - refers to the act of carrying a lighted cigarette
or other tobacco products, whether or not it is being
inhaled or smoked;
q) "Sponsorship" - refers to any public or private contribution
to a third party in relation to an event, team or activity
made with the aim of promoting a brand of tobacco
product, which event, team or activity would still exist or
occur without such contribution. For the purpose of this
Act, sponsorship shall be understood as tobacco
sponsorship;
r) "Tobacco" - refers to agricultural components derived from
the tobacco plant, which are processed for use in the
manufacturing of cigarettes and other tobacco products;
s) "Tobacco Products" - refers to any product that consists of
loose tobacco that contains nicotine and is intended for
use in a cigarette, including any product containing
tobacco and intended smoking or oral or nasal use. Unless
stated otherwise, the requirements of this Act pertaining to
cigarettes shall apply to other tobacco products;
t) "Tobacco Grower" - refers to any person who plants
tobacco before the enactment of this Act and classified
as such by the National Tobacco Administration (NTA); and
u) "Warning" - refers to the notice printed on the tobacco
product or its container and/or displayed in print or alert in
broadcast or electronic media including outdoor
advertising and which shall bear information on the hazard
of tobacco use;
Healthful Environment
Sec 5. Smoking in Public Places
Smoking shall be absolutely prohibited in the following public
places:
a. Centers of youth activity such as playschools, preparatory
schools, elementary schools, high schools, colleges and
universities, youth hostels, and recreational facilities for
persons under eighteen (18) years old;
b. Elevator and stairwells;
c. Location in which fire hazards are present, including gas
1
PCM 3 2021 Source: Jonathan Loreche ppt and notes
stations and storage areas for flammable liquids, gas,
explosives or combustible materials;
d. Within the buildings and premises of public and private
hospitals, medical, dental, and optical clinics, health
centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport
and ship terminals and train and bus stations, restaurant
and conference halls, except for separate smoking areas;
and
f. Food preparation areas.
Sec. 6. Designated Smoking And Non-Smoking Areas
In all enclosed places that are open to the general public,
private workplaces, and other places not covered under the
preceding section, where smoking may expose a person to the
other than the smoker to tobacco smoke, the owner, proprietor,
possessor, manager or administrator of such places shall
establish smoking areas. Such areas may include a designated
smoking area within the building, which may be in an open
space or separate area with proper ventilation, but shall not be
located within the same room that has been designated as a
non-smoking area.
All designated smoking areas shall have at least one (1) legible
and visible sign posted, namely "SMOKING AREA" for the
Information and guidance of all concerned. In addition, the sign
posted shall include a warning about the health effects of direct
or secondhand exposure to tobacco smoke. Non-smoking areas
shall likewise have at least one (1) legible and visible sign,
namely: "NO SMOKING AREA" or "NO SMOKING".
Access Restriction
Sec. 7. Vending Machines, Self-Service Facilities
Unless the vending machine has a mechanism for age
verification, the sale or distribution of tobacco products to
minors by means of a vending machine or any self-service
facility or similar contraption or
device is prohibited, except at point-of-sale establishments.
Sec. 8. Retailer Compliance With Respect To Self-Service
Facilities
Each retailer shall ensure that all tobacco-related self-service
displays or facilities, advertising, labeling and other items that
are located in the establishment of the retailer and thatdo not
comply with the requirements of this Act are removed or are
brought into compliance with the requirements of this Act.
Sec. 9. Minimum Age Sales
Under this Act, It shall be unlawful:
a) For any retailer or tobacco products to sell or distribute
tobacco products to any minor;
b) For any person to purchase cigarettes or tobacco
products from a minor;
c) For a minor to sell or buy cigarettes or any tobacco
products; and
d) For a minor to smoke cigarettes or any other tobacco
products.
It shall not be a defense for the person selling or distributing that
he/she did not know or was not aware of the real age of the
minor. Neither shall it be a defense that he/she did not know nor
had any reason to believe that the cigarette or any other
tobacco product was for the consumption of the minor to
whom it was sold.
Sec. 10. Sale of Tobacco Products Within School Perimeters
The sale or distribution of tobacco products is prohibited within
one hundred (100) meters from any point of the perimeter of a
school, public playground or other facility frequented
particularly by minors.
Sec. 11. Signage
Point-of-Sale establishments offering, distributing or selling
tobacco products to consumers, shall post the following
statement in a clear and conspicuous manner:
"SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO
PRODUCTS IS UNLAWFUL" or " IT IS LAWFUL FOR TOBACCO
PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY
PERSONS UNDER 18 YEARS OF AGE".
Sec. 12. Proof Of Age Verification
In case of doubt as to the age of the buyer,
retailers shall verify, by means of any valid form of photographic
identification
containing the date of birth of the bearer, that no individual
purchasing a tobacco is
below eighteen (18) years of age.
Advertising and Promotions
Sec. 13. Warning On Cigarette Packages
Under this Act:
a) All packages in which tobacco products are provided to
consumers withdrawn from the manufacturing facility of all
manufacturers or imported into the Philippines intended for
sale to the market, starting 1 January 2004, shall be printed,
in either English or Filipino, on a rotating basis o separately
and simultaneously, the following health warnings:
"GOVERNMENT WARNING: Cigarettes are
Addictive";
"GOVERNMENT WARNING: Tobacco Can Harm your
Children"; or
"GOVERNMENT WARNING: Smoking Kills."
b) Upon effectivity of this Act until 30 June 2006, the health
warning shall be located on one side panel of every
tobacco product package and occupy not less than fifty
percent (50%) of such side panel including any border or
frame.
c) Beginning 1 July 2006, the health warning shall be on the
bottom portion of one (1) front panel of every tobacco
product package and occupy not less than thirty percent
(30%) of such panel including any border or frame. The text
of the warning shall appear in clearly legible type in black
text on a white background with a black border and in
contrasts by typography; layout or color to the other printer
materials on the package. The health warning shall
occupy a total area of less than fifty percent (50%) of the
total warning frame.
d) The warning shall be rotated periodically, or separately
and simultaneously printed, so that within any twenty-four
(24) month period, the four (4) variations of the warnings
shall appear with proportionate frequency.
e) The warning shall not be hidden or obscured by other
printed information or images, or printed in a location
where tax or fiscal stamps are likely to be applied to the
package or placed in a location where it will be damaged
when the package is opened. If the warning to be printed
on the package is likely to be obscured or obliterated by a
wrapper on the package, the warning must be printed on
both the wrapper and the package.
f) In addition to the health warning all packages of tobacco
products that are provided to consumers shall contain, on
one side panel the following statement in a clear, legible
and conspicuous manner; "NO SALE TO MINORS" or "NOT
FOR SALE TO MINORS." The statement shall occupy an area
of not less than ten percent (10%) of such side panel and
shall appear in contrast by color, typography or layout with
all the other printed material on the side panel.
g) No other printed warnings, except the health warning and
the message required in this Section, paragraph F shall be
placed on cigarette packages.
Sec. 14. Warning On Advertising
a) All tobacco advertising in mass media shall contain either
in English or Filipino, the following health warning;
"GOVERNMENT WARNING: Cigarette Smoking is Dangerous
to Your Health."
b) For print and outdoor advertisement, the warning frame
shall be centered across the bottom of the advertisement
and occupy a total area of not less than fifteen percent
(15%) of such advertisement including any border or frame.
The text of the health warnings shall be clearly visible and
legible, printed in a prominent color as approximate and
shall appear in contrast by color, typography or layout with
all other printed material in the advertisement. The warning
shall not be hidden or obscured by other printed
information or images in the advertisement.
c) For television and cinema advertisements, the warning
shall be clearly shown and voiced over in the last five (5)
seconds of the advertisement, regardless of the duration of
the advertisement, even when such advertisement is silent.
2
PCM 3 2021 Source: Jonathan Loreche ppt and notes
The health warning shall occupy a total area of not less
than fifty percent (50%) of the television screen and shall
be clearly visible, legible, and audible, in black text on
white background or white text on black background. No
other images except in writing shall be included in the
warning frame.
d) For radio advertisement, the warnings stated after the
advertisement shall be clearly and audibly voiced over in
the last five (5) seconds of the advertisement, regardless of
its duration.
Sec. 15. Restrictions On Advertising
The following restrictions shall apply to all tobacco advertising:
a) Advertisement shall not be aimed at or particularly appeal
to persons under eighteen (18) years of age.
b) Advertisement shall not feature a celebrity or contain an
endorsement, implied or express by a celebrity.
c) Advertisement shall not contain cartoon characters or
subjects that depict humans or animals with comically
exaggerated features or that attribute human or unnatural
characteristics to animals, plants or other objects.
d) Advertisement shall not show, portray or depict scenes
where the actual use of, or the act of using, puffing or
lighting cigarettes or other tobacco products is presented
to the public.
Sec. 16. Restrictions on Print Media Advertising
The following restrictions shall apply to all print media tobacco
advertisements:
a) Advertisements shall not be placed in any printed
publication unless there is a reasonable basis to believe
that at least seventy-five percent (75%) of the readers of
such publication are eighteen (18) years of age and
above, and the number of youth who read it constitutes
less than ten percent (10%) of all youth in the Philippines.
b) Advertisements shall not be placed on the packaging or
outside covers (front and back) of a magazine,
newspaper, journal or other publication printed for general
circulation.
Sec. 17. Restrictions on Outdoor Advertising
The following restrictions shall apply to all print media tobacco
advertisements:
a) Outdoor advertisements shall not be placed on billboards,
wall murals, or transport stops or stations which are within
the one hundred (100) meters from any point of the
perimeter of a school, public playground or other facility
frequented particularly by persons below eighteen (18)
years of age
b) Outdoor advertisements shall not, either individually or
when placed indeliverate combination with other outdoor
tobacco advertising, exceed seventy (70) square meters in
total size
c) Outdoor advertisements shall not be placed on taxis,
buses, trains or other public conveyance or in stations,
terminals or platforms thereof, except point-of-sale
establishments
Sec. 18. Restrictions on Advertising In Cinemas
Tobacco advertisements are prohibited in connection with the
showing of any film where persons below eighteen (18) years old
are permitted admission
Sec. 19. Restrictions on Television
Advertisements shall not be broadcast on television, cable
television, and radio between seven o' clock in the morning and
seven o' clock at night
Sec. 20. Restriction on Advertising In Audio, Video And
Computer Cassettes/discs And Similar Medium
 No electronic advertisements shall be incorporated within
any video or audio cassette, video game machine, optical
disc or any similar medium, unless access to the item is
restricted to persons eighteen (18) years of age or older.
 For the purpose of this Section, video game includes any
electronic amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own
cathode ray tube, or is designed to be used with a
television set or monitor that interacts with the user of the
device
Sec. 21. Restrictions on Advertising On The Internet And Similar
Medium
Advertisements are prohibited on the Internet and other similar
medium unless that Internet site is restricted to persons eighteen
(18) years of age or older. A site will be deemed restricted if a
person cannot obtain access beyond the first page of the
website unless the persons has established that he or she is at
least eighteen (18) years old. This limitation applies to
commercial communications and shall not prevent the use of
company Internet websites to provide information regarding a
company, its products and smoking and health related
information.
This Section shall prohibit business-to-business transactions
conducted on the Internet, and other similar medium between
tobacco manufactures, retailers and distributors
Sec. 22. Ban On Advertisements
 Beginning 1 January 2007, all tobacco advertising on
television, cable television and radio shall be prohibited
 Beginning 1 July 2007, all cinema and outdoor advertising
shall be prohibited. No leaflets, posters and similar outdoor
advertising materials be posted, except inside the premises
of point-of-sale retail establishments
 Beginning 1 July 2008, all forms of tobacco advertising in
mass media shall be prohibited except tobacco
advertisements placed inside the premises of point-of- sale
establishments
Sec. 23. Restrictions on Tobacco Promotions
The following restrictions shall apply on all tobacco promotions
a) Promotions must be directed only to persons at least
eighteen (18) years old. No person below eighteen (18)
years old or who appear to be below eighteen (18) years
old may participate in such promotions. The participants in
promotions must be required to provide proof of age
b) Communications to consumers about tobacco promotions
shall comply with the provisions of this Act governing
tobacco advertising. In addition to the required health
warning, the age requirement for participation in any
promotion must be clearly marked on the program
materials distributed to consumers
c) All stalls, booths and other display concerning tobacco
promotions must be limited to point-of-sale of adult only
facilities
d) Telephone communications concerning promotional
offers, programs or events must include a recorded health
warning message in English or Filipino consistent with the
warnings specified in this Act
e) No placement shall be made by manufacturer, distributor,
or retailer of any tobacco product or tobacco product
packages and advertisement as a prop in any television
program or motion picture produced for viewing by the
general public or in a video, or optical disc or on video
game machine
f) The name, logo or other indicia of a cigarette brand may
appear on cigarette lighters, ashtrays, of other smoking
related items. If such name, logo or other indicia of the
cigarette brand is larger than fifty (50) square centimeters,
the item must carry a health warning consistent with the
warnings specified in this Act
g) No merchandise such as, but not limited to, t-shirts, caps,
sweatshirts, visors, backpacks, sunglasses, writing
implements and umbrellas, may be distributed, sold or
offered, directly or indirectly, with the name, logo or other
indicia of a cigarette brand displayed so as to be visible to
others when worn or used. Clothing items must be in adult
sizes only
h) No name, logo or other indicia of a cigarette brand or
element of a brand- related marketing activity, may
appear on items that are marketed to or likely to be used
by minors such as but not limited to sports equipment, toys,
dolls, miniature replicas of racing vehicles, video games,
and food. The manufacturer or company must take all
available measures to prevent third parties from using the
company's brand names. Logos or other proprietary
material on products that are directed toward minors
i) No tobacco advertisements may be placed on shopping
bags
3
PCM 3 2021 Source: Jonathan Loreche ppt and notes
Sec. 24. Naming Rights
Subject to the provision of this Act:
a) No manufacturer may enter into any agreement pursuant
to which payment is made or other consideration is
provided by such manufacturer to any sports league, or
any team involved in any such league, in exchange for use
of tobacco products brand
b) No manufacturer may enter into any agreement for the
naming rights of any stadium or arena using a tobacco
product brand name or otherwise cause a stadium or
arena to be name with such a brand name
Sec. 25. Restrictions on Sponsorships
Beginning 1 July 2006:
a) No sponsorship shall be provided for:
1. an event or activity which bears a tobacco
product brand name, unless there is reasonable
basis to believe that all persons who compete, or
otherwise taken an active part, in the sponsored
events or activities, are person eighteen (18)
years of age or older;
2. a team or individual bearing a tobacco product
name, unless all persons under eighteen (18)
years of age or older;
3. a sponsored event or activity reasonably
believed to be particular appear to persons
under eighteen (18) years old
b) Tobacco brand sponsorship shall be prohibited except
where there is a reasonable basis to believe that:
1. attendance at the sponsored event or activity
will comprise no less than seventy-five percent
(75%) persons at least eighteen years of age or
older;
2. the sponsored event or activity will not be of
particular appeal to persons under eighteen (18)
years old;
3. the sponsored event or activity will not receive
exposure, other than as a news item, on
television or radio or the Internet, unless such
exposure complies with the provisions of this Act
governing tobacco marketing through those
media; and
4. the principal activity associated with the
sponsorship does not require above-average
physical fitness for someone of the age group of
those taking part
c) All persons authorized to bear tobacco product
advertisement, logos and brand names at sponsored
events shall be at least eighteen (18) years old
d) All forms of advertising associated with or ancillary to
sponsorship shall comply with the marketing provisions of
this Act
Sec. 26. Ban on Sponsorships
Beginning 1 July 2008, cigarette and tobacco companies are
hereby prohibited from sponsoring any sport, concert, cultural
art or event, as well as individual and team athletes, artists, or
performers where such sponsorship shall required or involve the
advertisement or promotion of any cigarette or tobacco
company, tobacco product or tobacco use, name, logo or
trademarks and other words, symbols, designs, colors or other
depictions commonly associated with or likely to identify a
tobacco product; Provided, further, That no manufacturer may
register a tobacco brand name as a company name after the
passage of this Act
Sec. 27. Restriction on Sampling
The distribution of samples of tobacco products to persons
below eighteen (18) years old is prohibited
Sec. 28. Legal Action
Any legal action in connection with the tobacco industry
shall be governed by the provisions of the Philippine Civil Code
and other applicable laws
Implementing Agency and Application
Sec. 29. Implementing Agency
 An Inter-Agency Committee- Tobacco (IAC-Tobacco),
which shall have the exclusive power and function to
administer and implement the provisions of this Act, is
hereby created. The IAC-Tobacco shall be chaired by the
Secretary of the Department of Trade and Industry (DTI)
with the Secretary of the Department of Health (DOH) as
Vice Chairperson. The IAC-Tobacco shall have the
following members:
a) Secretary of the Department of Agriculture
(DA);
b) Secretary of the Department of Justice (DOJ);
c) Secretary of the Department of Environment
and Natural Resources (DENR);
d) Secretary of the Department of Science and
Technology (DOST);
e) Secretary of the Department of Education
(DepEd);
f) Administrator of the National Tobacco
Administration (NTA);
g) A representative from the Tobacco Industry to
be nominated by the legitimate and
recognized associations of the industry; and
h) A representative from a non-government
organization (NGO) involved in public health
promotion nominated by DOH in consultation
with the concerned NGO's;
 The Department Secretaries may designate their
Undersecretaries as their authorized representatives to the
IAC.
Sec. 30. Application to Tobacco Products
 This provision of this Act shall apply to all tobacco products
placed into commerce in the Philippines. Except as
provided below, no provision of this Act shall apply to
tobacco products intended or offered by the
manufacturer for export and not for (retail) sale in the
Philippines
 Tobacco products intended or offered for export shall be
subject only to the requirement that the shipping container
shall be prominently marked on the outside "Export Only":
Provided, that tobacco products which are marked for
export, but are sold/traded or distributed in the Philippine
market, shall be subject to immediate confiscation and
destruction
Sec. 31. Compliance Monitoring
 Not later than one (1) year after the date of the effectivity
of this Act, and annually thereafter, the IAC-Tobacco shall
submit to the President of the Philippines and to both
Houses of Congress a Compliance Monitoring Report on
the compliance of the manufacturers on all applicable
laws and ordinances with respect to the manufacture and
distribution of tobacco products
 The report shall contain pertinent information on the
methods, goals and implementation program of said
manufacturers with respect to the requirements of this Act
Sec. 32. Penalties
The following penalties shall apply:
a) Violation of Sections 5 and 6. - On the first offense, a fine of
not less than Five Hundred Pesos (Php500.00) but not more
than One Thousand (Php1,000.00) shall be imposed. On the
second offense, a fine of not less than One Thousand Pesos
(Php1,000.00) but not more than Five Thousand Pesos
(Php5,000.00) shall be imposed. On the third offense, in
addition to a fine of not less than Five Thousand Pesos
(P5,000.00) but not more than Ten Thousand pesos
(Php10,000.00), the business permits and licenses to
operate shall be cancelled or revoked
b) Violation of Sections 7,8,9, 10 and 11 - On the first offense,
any person or any business entity or establishment selling
to, distributing or purchasing a cigarette or any other
tobacco products for a minor shall be fined the amount of
not less than Five Thousand Pesos (Php5,000.00) or an
imprisonment of not more than thirty (30) days, upon the
discretion of the business licenses or permits in the case of
a business entity or establishment. If the violation is by
establishment of business entity, the owner, president,
manager, or the most senior officers thereof shall be liable
for the offense. If a minor is caught selling, buying or
smoking cigarettes or any other tobacco products, the
provisions of Article 189 of Presidential Decree No. 603
4
PCM 3 2021 Source: Jonathan Loreche ppt and notes
otherwise known as The Child and Youth Welfare Code, as
amended, shall apply
c) Violation of Sections 13 to 27 - On the first offense, a fine of
not more than One Hundred thousand pesos
(Php100,000.00) or imprisonment of not more than one (1)
year, or both, at the discretion of the court shall be
imposed. On the second offense, a fine of Two hundred
thousand pesos (Php200,000.00) or imprisonment of not
more than two (2) years, or both, at the discretion of the
court shall be imposed. On the third offense, in addition to
a fine of not more than Four Hundred thousand pesos
(Php400,000.00) or imprisonment of not more than three (3)
years, or both at the discretion of the court, the business
permits and licenses, in the case of a business entity or
establishment shall be revoked or cancelled. In the case of
a business entity or establishment, the owner, president,
manager or officials thereof shall be liable. If the guilty
officer is an alien, he shall summarily be deported after
serving his sentence and shall be forever barred from re-
entering from the Philippines
Programs and Projects
Sec. 33. Programs and Projects
For a period not exceeding five (5) years, the National
Government and the concerned departments and agencies
shall provide the following programs and projects:
a) Tobacco Grower's Assistance Program - This program shall
be utilized to support financially the tobacco farmers who
may be displaced due to the implementation of this Act
has voluntarily ceased to produce tobacco. To avail of this
program, a beneficiary shall present convincing and
substantial evidence that:
1. He or she has been a tobacco farmer for the
last three (3) years prior to January 1, 2004;
2. He or she belongs to the tobacco producing
provinces;
3. He or she has certificate of eligibility to apply
issued by the local government Unit and the
NTA; and
4. He or she has ceased to plant tobacco for the
next preceding season after the enactment of
this Act
b) Tobacco Growers Cooperative.- This program shall
promote cooperative programs to assist tobacco farmers
in developing alternative farming systems, plant alternative
crops and other livelihood projects. The requirements of
subsection (a) shall likewise apply
c) National Smoking Cessation Program - A National Smoking
Cessation Program shall be undertaken with the approval
of the IAC-Tobacco. The implementing rules and guidelines
to reinforce this program shall be submitted to the IAC-
Tobacco by the Secretary of Health within three (3) months
after the effectivity of this Act
d) Research and Development Program - The IAC-Tobacco
shall establish a research and develop a program to be
spearheaded by the NTA in cooperation with the DOST,
which will undertake studies concerning technologies and
methods to reduce the risk of dependence and injury from
tobacco product usage and exposure, alternative uses of
tobacco and similar research programs
e) National Tobacco-Free Public Education Program.- State
Universities and Colleges and technical and Vocational
Schools shall provide scholarships programs to defendants
of tobacco growers for which the administrator of the NTA
shall provide implementing rules and guidelines. The
guidelines shall be submitted to the IAC- Tobacco within
three (3) months after the effectivity of this Act
f) Displaced Cigarette Factory Workers' Assistance Program.-
The Secretary of Labor and Employment with the
concurrence of the IAC-Tobacco shall establish a program
to assist displaced terminated/ separated or retrenched
cigarette factory workers as result of the enactment of the
Act. The Secretary of Labor in coordination with the NTA
and DTI shall provide the rules as guidelines to effectuate
this program and submit the same to the IAC-Tobacco
within three (3) months after the effectivity of this Act
g) Health Programs.- The IAC-Tobacco, in consultation with
DOH, shall be responsible for awarding grants to all
medical institutions for the purpose of planning, carrying
out, and evaluating activities related to smoking-related
illnesses. The IAC-Tobacco shall submit to Congress and
President of the Philippines the annual report of
expenditures related to this program
h) Withdrawal Clinics.- The DOH shall establish smoking
withdrawal clinics to provide counseling regarding the
hazardous health effects of tobacco/ cigarette smoking
and to rehabilitate smokers form the hazardous effects of
such products. If a smoker-minor voluntarily submits himself
for treatment, counseling or rehabilitation in smoking
withdrawal clinic located in any medical institution in the
Philippines, or through the parents/ guardian, the expenses
incurred shall be reimbursable outpatient service of the
Philippine Health Insurance Corporation
Information Program
Sec. 34. Informative Drive
 Consistent with the provisions of this Act, the DOH shall, in
cooperation with the DepEd and with the assistance of the
Philippine Information Agency (PIA), undertake a
continuous information program on the harmful effects of
smoking
 The DOH shall enlist the active participation of the public
and private sectors in the national effort to discourage the
unhealthy habit of smoking
Sec. 35. Instructions on the Hazardous Effect of Smoking as Part
of School Curricula
 Instruction on the adverse effects of cigarette tobacco
smoking, including their health, environmental and
economic implications, shall be integrated into the existing
curricula of all public and private elementary and high
schools
 The DepEd Secretary shall promulgate such rules and
regulations as may be necessary to carry out the above-
stated policy hereof, and, with, the assistance of the
Secretary of Health, and with the approval of the IAC-
Tobacco, shall cause the publication and distribution of
materials on the unhealthy effects of smoking to students
and the general public
Miscellaneous Provisions
Sec. 36. Congressional Oversight Committee on Tobacco
 Congressional Oversight Committee on Tobacco (COC-
Tobacco) is hereby constituted which is mandated to
monitor and review the implementation of this Act for a
period not exceeding three (3) years
 The COC-Tobacco shall be composed of the Chairpersons
of the Senate Committee on Health, Trade and
Commerce, Agriculture and Public Information and the
House of Representative Committees on Trade and
Industry, Health, Public Information and Agriculture and a
Member of the House of representatives representing the
tobacco producing provinces, to be nominated by all the
Members of the House of Representatives from tobacco
producing districts
 The Secretariat of the COC-Tobacco shall be drawn from
the existing secretariat personnel of the standing
committees comprising the Congressional Oversight
Committee and its funding requirements shall be charged
against the appropriations of both the House of
Representatives and the Senate of the Philippines
Sec. 37. Implementing Rules
The IAC-Tobacco shall promulgate such rules and regulations
necessary for effective implementation of this Act within six (6)
months from the date of publication of this Act. The said rules
and regulations shall submitted to the COC-Tobacco for its
review. The COC-Tobacco shall approve the implementing rules
and regulations within thirty (30) working days of receipt thereof:
Provided, That in the event the implementing rules and
regulations are not promulgated within the specified period, the
specific provisions of this Act shall immediately be executory
Sec. 38. Appropriations
The amount necessary to implement the provisions of this Act
shall be charged against the current year's appropriations of the
concerned national government agencies. Thereafter, such
funds as may be necessary for the continued implementation of
5
PCM 3 2021 Source: Jonathan Loreche ppt and notes
this Act shall be included in the budgets of the concerned
national government agencies under the annual General
Appropriations Act
Sec. 39. Repealing Clause
DOH Administrative Orders No. 10 s. 1993 and No. 24 s. 1993 are
hereby repealed. Article 94 of Republic Act No. 7394, as
amended, otherwise known as the Consumer Act of the
Philippines, is hereby amended. All other laws, decrees,
ordinances, administrative orders, rules and regulations, or any
part thereof, which are consistent with this Act are likewise
repealed or amended accordingly
Sec. 40. Separability Clause
Should any provisions of this Act be subsequently declared
unconstitutional, the other provisions not so declared shall
remain in full force and effect.
Sec. 41. Effectivity
This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and at least two (2) newspapers of national
circulation
Pharmacy Law
 REPUBLIC ACT No. 10918
 An Act Regulating and Modernizing the Practice of
Pharmacy in the Philippines, Repealing for the Purpose
Republic Act Numbered Five Thousand Nine Hundred
Twenty-One (R.A. No. 5921), Otherwise Known as the
Pharmacy Law
 July 27, 2016
Article 1
Section 1. Title
This Act shall be known as the "Philippine Pharmacy Act"
Section 2. Statement of Policy
 The State recognizes the vital role of pharmacists in the
delivery of quality health care services through the
provision of safe, effective, and quality pharmaceutical
products, pharmaceutical care, drug information, patient
medication counseling, and health promotion. The
pharmacists’ professional services shall, therefore, be
promoted as an indispensable component of the total
health care system to ensure the physical well-being of the
Filipinos.
 Hence, the State shall develop and nurture competent,
productive, morally upright, and well-rounded pharmacists
whose standards of professional practice and service shall
be excellent and globally competitive through regulatory
measures, programs, and activities that promote and
sustain their continuing professional development
Section 3. Objectives
This Act provides for and shall govern the:
a) Standardization and regulation of pharmacy education;
b) Administration of licensure examination, registration, and
licensing of pharmacists;
c) Supervision, control, and regulation of the practice of
pharmacy in the Philippines
d) Development and enhancement of professional
competence of pharmacists through continuing
professional development, research, and other related
activities; and
e) Integration of the pharmacy profession.
Section 4. Scope of the Practice of Pharmacy
A person is deemed to be practicing pharmacy, within the
meaning of this Act, when with or without a fee, salary,
percentage or other rewards, paid or given directly or indirectly,
shall:
a) Prepare, compound or manufacture, preserve, store,
distribute, procure, sell, or dispense, or both, any
pharmaceutical product or its raw materials; or
b) Render services, such as clinical pharmacy services, drug
information services, regulatory services, pharmaceutical
marketing, medication management, or whenever the
expertise and technical knowledge of the pharmacist is
required; or
c) Engage in teaching scientific, technical, or professional
pharmacy courses in a school or college of pharmacy; or
d) Dispense pharmaceutical products in situations where
supervision of dispensing of pharmaceutical products is
required; or
e) Chemical, biological or microbiological analyses and
assay of pharmaceutical products, food/dietary
supplements, health supplements, and cosmetics; or
f) Physico-chemical analyses for medical devices used in aid
of administration of pharmaceutical products; or
g) Administration of adult vaccines as approved by the Food
and Drug Administration (FDA): Provided, That they shall
undergo the training on the safe administration of adult
vaccines and management of adverse event following
immunization (AEFI) for pharmacists and hold a certificate
of training issued by an institution duly accredited by the
Professional Regulation Commission (PRC); Provided,
further, That the safe administration of vaccines be part of
the higher education curriculum for pharmacists; or
h) Conduct or undertake scientific research in all aspects
involving pharmaceutical products and health care; or
i) Provide other services where pharmaceutical knowledge is
required
 Activities under paragraphs (a), (b), (c), (d) and (i) are
exclusive to licensed pharmacists. However, nothing herein
shall be construed as requiring other persons carrying out
only the activities under paragraphs (e), (f), (g) and (h) to
be licensed pharmacists, subject to any qualification that is
imposed by other laws with respect to such particular
activity
 All pharmacists are expected to abide by current
standards such as the Philippine Practice Standards for
Pharmacists, Good Laboratory Practice, Good Distribution
Practice, Good Manufacturing Practice and Good Clinical
Practice, which are deemed vital in the performance of
their roles and functions in different practice areas
 The Professional Regulatory Board of Pharmacy, hereinafter
created, subject to the approval of the PRC, as provided
for by Republic Act No. 8981, otherwise known as the "PRC
Modernization Act of 2000", and in consultation with the
integrated and accredited professional organization
(APO), may modify the above-enumerated acts, services,
or activities, as the need arises, in order to conform to the
latest trends and developments in the practice of the
pharmacy profession: Provided, That such modifications
are consistent with the enumeration above
Section 5. Definition of Terms
A. Accredited professional organization (APO) refers to the
duly integrated and accredited professional organization
of registered and licensed pharmacists, of which there shall
be only one (1), as prescribed under Section 41, Article V of
this Act
B. Adult vaccines refer to cervical cancer, flu (influenza),
pneumococcal, other pre-exposure prophylactic vaccines
to be administered to patients aged eighteen (18) years
and above, and such other vaccines as may be defined
by the Department of Health (DOH) in an administrative
issuance
C. Adulterated/Deteriorated pharmaceutical products refer
to pharmaceutical products unfit for human consumption,
following the standards of quality or purity of which, are as
those stated in the United States Pharmacopeia/National
Formulary and Philippine Pharmacopeia in its latest edition
or any standard reference for drugs and medicines which
are given official recognition as well as those provided for
in Republic Act No. 3720, otherwise known as the "Food,
Drug, and Cosmetic Act", as amended, and Republic Act
No. 9711, known as the "Food and Drug Administration Act
of 2009"
D. Biopharmaceuticals refer to pharmaceutical products that
are used for therapeutic or for in vivo diagnostic purposes,
such as vaccines, sera, and drugs derived from life forms
using biotechnology. These include proteins, nucleic acids,
or living microorganisms where the virulence is reduced
and are used for therapeutic or for in vivo diagnostic
6
PCM 3 2021 Source: Jonathan Loreche ppt and notes
purposes
E. Brand name refers to the proprietary name given by the
manufacturer to distinguish its product from those of
competitors
F. Cipher, Code, or Secret Key refers to a method of secret
writing or use of characteristic style or symbol by
substituting other letter/s or character/s for the letter/s
intended, for the purpose of misleading the consumer
G. Compounding refers to the sum of processes performed by
a pharmacist in drug preparation including the
calculations, mixing, assembling, packaging, or labeling of
a drug: (i) as the result of a prescription or drug order by a
physician, dentist, or veterinarian; or (ii) for the purpose of,
or in relation to, research, teaching, or chemical analysis
H. Continuing professional development (CPD) refers to the
inculcation of advanced knowledge, skills, and ethical
values in a post-licensure specialized or in an inter- or
multidisciplinary field of study for assimilation into
professional practice, self-directed research, and/or
lifelong learning
I. Cosmetics refer to a substance or preparation intended to
be placed in contact with the various external parts of the
human body or with the teeth and the mucous
membranes of the oral cavity, with a view exclusively or
mainly to cleaning them, perfuming them, changing their
appearance and/or correcting body odor, and/or
protecting the body or keeping them in good condition, as
defined under Republic Act No. 9711
J. Counterfeit pharmaceutical products refer to
pharmaceutical products which do not contain the
amounts as claimed; with wrong ingredients; without
active ingredients; or with insufficient quantity of active
ingredients, which result in the reduction of the products’
safety, efficacy, quality, strength, or purity. These also refer
to products that are deliberately and fraudulently
mislabeled with respect to identity and/or source or with
fake packaging, and can apply to both branded and
generic products, including the following:
1. The pharmaceutical product itself or the
container or labeling thereof or any part of such
product, container, or labeling, bearing without
authorization; the trademark, trade name, or
other identification marks or imprints or any
likeness to that which is owned or registered in
the Intellectual Property Office (IPO) in the name
of another natural or juridical person
2. A pharmaceutical product refilled in containers
bearing legitimate labels or marks, without
authority; and
3. A pharmaceutical product which contains no
amount of or a different active ingredient; or less
than eighty percent (80%) of the active
ingredient it purports to possess, as distinguished
from an adulterated drug including reduction or
loss of efficacy due to expiration;
K. Dangerous drugs refer to those listed in the: (1) Schedules
annexed to the 1961 Single Convention on Narcotic Drugs,
as amended by the 1972 Protocol; (2) Schedules annexed
to the 1971 Single Convention on Psychotropic Substances;
and (3) Annex of Republic Act No. 9165, otherwise known
as the "Comprehensive Dangerous Drugs Act of 2002", and
its amendments;
L. Dispensing refers to the sum of processes performed by a
pharmacist from reading, validating, and interpreting
prescriptions; preparing; packaging; labeling; record
keeping; dose calculations; and counseling or giving
information, in relation to the sale or transfer of
pharmaceutical products, with or without a prescription or
medication order;
M. Drugs refer to pharmaceutical products that pertain to
chemical compounds or biological substances, other than
food, intended for use in the treatment, prevention, or
diagnosis of disease in humans or animals, including the
following:
1. Any article recognized in the official United
States Pharmacopeia/National Formulary,
Homeopathic Pharmacopeia of the United
States of America, Philippine Pharmacopeia,
Philippine National Drug Formulary, British
Pharmacopoeia, European Pharmacopoeia,
Japanese Pharmacopoeia, and any official
compendium or any supplement to them;
2. Any article intended for use in diagnosis, cure,
mitigation, treatment, or prevention of disease of
man or animals;
3. Any article, other than food, intended to affect
the structure or any function of the human body
or animals;
4. Any article intended for use, as a component of
articles, specified in clauses (1), (2) and (3), not
including devices or their components, parts and
accessories; and
5. Herbal or traditional drugs as defined in Republic
Act No. 9502;
N. Emergency cases refer to life-threatening situations where
a patient needs immediate medical attention and
treatment, including the occurrence of epidemic or
natural calamities
O. Expiration date refers to the end date when the
manufacturer can guarantee that a product possesses its
claimed potency, efficacy, quality, and safety; after which
its sale or distribution is prohibited
P. Filling refers to the act of dispensing or providing medicines
in accordance with a prescription or medication order
Q. Food/Dietary supplements refer to processed food
products intended to supplement the diet that bears or
contains one (1) or more of the following dietary
ingredients: vitamins, minerals, herbs, or other botanicals,
amino acids, and dietary substances to increase the total
daily intake in amounts conforming to the latest Philippine-
recommended energy and nutrient intakes or
internationally agreed minimum daily requirements. It
usually is in the form of capsules, tablets, liquids, gels,
powders, or pills and not represented for use as a
conventional food or as the sole item of a meal or diet or
replacement of drugs and medicines, as defined under
Republic Act No. 9711;
R. Generic name refers to the scientifically and internationally
recognized name of the active ingredients, as approved
by the FDA pursuant to Republic Act No. 6675, otherwise
known as the "Generics Act of 1988";
S. Health supplement refers to any product that is used to
maintain, enhance and improve the healthy function of
the human body and contains one (1) or more or a
combination of the following: (1) herbal fatty adds,
enzymes, probiotics, and other bioactive substances; and
(2) substances derived from natural sources, induding
animal, plant, mineral, and botanical materials in the form
of extracts, isolates, concentrates, metabolites, synthetic
sources of substances mentioned in (1) and (2). It is
presented in dosage forms or in small unit doses such as
capsules, tablets, powder, liquids and it shall not include
any sterile preparations (i.e. injectibles, eyedrops);
T. Household remedies refer to any preparation containing
pharmaceutical substances of common or ordinary use to
relieve common physical ailments and which may be
dispensed without a medical prescription in original
packages, bottles or containers, of which the
nomenclature has been duly approved by the FDA;
U. Institutional pharmacies refer to pharmacies of institutions,
organizations, and/or corporations that provide a range of
pharmaceutical services, given exclusively to the
employees and/or their qualified dependents;
V. Internship program refers to a supervised practical
experience that is required to be completed for licensure
as a registered pharmacist;
W. Label refers to a display of written, printed, or graphic
matter on the immediate container of any article;
X. Labeling materials refer to all labels and other written,
printed, or graphic matter: (1) upon any item or any of its
containers or wrappers; or (2) accompanying any such
item;
7
PCM 3 2021 Source: Jonathan Loreche ppt and notes
Y. Medical device refers to any instrument, apparatus,
implement, machine, appliance, implant, in vitro reagent
or calibrator, software, material or other similar or related
article intended by the manufacturer to be used alone, or
in combination, for human beings, for one (1) or more of
the specific purposes of: diagnosis, prevention, monitoring,
treatment, or alleviation of disease; diagnosis, monitoring,
treatment, or alleviation of or compensation for an injury;
investigation, replacement, modification or support of the
anatomy of a physiological process; supporting or
sustaining life; preventing infection; control of conception;
disinfection of medical devices; and providing information
for medical or diagnostic purposes by means of in vitro
examination of specimens derived from the human body.
This device does not achieve its primary intended action in
or on the human body by pharmacological,
immunological, or metabolic means, but which may be
assisted in its intended function by such means, as defined
under Republic Act No. 9711;
Z. Medical mission refers to an activity conducted on normal
circumstances of an individual or a group of health care
practitioners to provide health services outside the hospital,
clinic, and health care facility premises as differentiated
from humanitarian missions and relief operations which is
conducted during emergency situations such as calamity,
war, or natural and man-made disasters
AA. Medicines refer to drugs in their appropriate dosage forms,
with assured quality, safety and efficacy for humans or
animals, or both;
AB. Medical representative or professional service
representative refers to one who represents any duly
authorized manufacturer, distributor, trader, and
wholesaler of pharmaceutical products and whose
primary duty is to promote their products to duly licensed
health professionals;
AC. Nontraditional outlets refer to entities licensed by
appropriate government agencies to dispense over-the-
counter medicines based on an approved list;
AD. Online pharmacy services refer to pharmaceutical services
of a duly licensed pharmaceutical outlet done over the
internet;
AE. Over-the-counter (OTC) medicines refer to medicines used
for symptomatic relief of minor ailments and which may be
dispensed without a prescription;
AF. Pharmaceutical establishments refer to entities licensed by
appropriate government agencies, and which are
involved in the manufacture, importation, exportation,
repacking, and distribution of pharmaceutical products to
pharmaceutical outlets;
AG. Pharmaceutical manufacturers refer to establishments
engaged in any or all operations involved in the
production of pharmaceutical products including the
preparation, processing, compounding, formulating, filling,
packaging, repackaging, altering, ornamenting, finishing
and labeling, preparatory to their storage, sale, or
distribution, except the compounding and filling of
prescriptions in pharmaceutical outlets;
AH. Pharmaceutical marketing refers to any activity
undertaken, organized, or sponsored by a pharmaceutical
establishment or outlet which is directed at promoting its
product;
AI. Pharmaceutical outlets refer to entities licensed by
appropriate government agencies, and which are
involved in compounding and/or dispensing and selling of
pharmaceutical products directly to patients or end-users;
AJ. Pharmaceutical products refer to drugs, medicines,
biologicals, pharmaceutical and biopharmaceutical
products/specialties, veterinary products, veterinary
biologies and veterinary medicinal products;
AK. Pharmacist refers to a health professional who has been
registered and issued a valid Certificate of Registration
(COR) and Professional Identification Card (PIC) by the
PRC and the Professional Regulatory Board of Pharmacy;
AL. Pharmacist-only OTC medicines refer to over-the-counter
medicines classified by appropriate government agencies
to be obtained only from a licensed pharmacist, with
mandatory pharmacist’s advice on their selection and
proper use;
AM. Pharmacy aides refer to persons who assist the pharmacists
in the different aspects of pharmacy operation based on
established standard operating procedures and processes,
with very minimal degree of independence or decision
making and without direct interaction with patients:
AN. Pharmacy assistants refer to persons who assist the
pharmacists in different aspects of pharmacy operation
based on established standard operating procedures and
processes, with a minimum degree of independence or
decision making and may have supervised interaction with
patients;
AO. Pharmacy technicians refer to persons who assist in
compounding and dispensing of medicines in community,
hospital, institutional and industrial settings or engaged in
other activities under the supervision of the pharmacist as
described in Section 39, Article IV of this Act;
AP. Philippine Practice Standards for Pharmacists refer to the
established national framework for quality standards and
guidelines of the practice of pharmacy that respond to the
needs of the people who require the pharmacists’ services
to provide optimal, evidence-based care as formulated by
the integrated APO and approved by the Professional
Regulatory Board of Pharmacy;
AQ. Physician’s samples refer to medicines given to health
professionals for promotional purposes only
AR. Prescription/Ethical medicines refer to medicines which
can only be dispensed by a pharmacist to a patient, upon
the presentation of a valid prescription from a physician,
dentist, or veterinarian and for which a pharmacist’s
advice is necessary;
AS. Refilling of a prescription refers to the act of dispensing the
remaining balance of medicines ordered in the
prescription;
AT. Referral refers to the process wherein a pharmacist
provides consultative services and conducts preliminary
assessment of symptoms and refers the patient to a
physician or other health care professional;
AU. Referral registry refers to the record book maintained by
pharmacists, listing the patients referred to different health
facilities for further diagnosis;
AV. Refresher program refers to a prescribed study program in
an accredited school of pharmacy; and
AW. Telepharmacy services refer to pharmaceutical services of
a duly licensed pharmaceutical outlet done through the
use of telephone, teleconferencing, or facsimile
Article II
The Professional Regulatory Board of Pharmacy
Section 6. Creation of the Professional Regulatory Board of
Pharmacy
There is hereby created a Professional Regulatory Board of
Pharmacy, hereinafter called the Board, under the
administrative control and supervision of the PRC, to be
composed of a Chairperson and two (2) members, to be
appointed by the President of the Philippines from a list of three
(3) recommendees for each position ranked in the order of
preference and submitted by the PRC from a list of five (5)
nominees submitted for each position by the duly integrated
APO of pharmacists
Section 7. Qualifications of the Chairperson and Members of the
Board
The Chairperson and members of the Board, at the time of
nomination, must:
a) Be a citizen of the Philippines and a resident for at least five
(5) years;
b) Be a duly registered and licensed pharmacist in the
Philippines, preferably a holder of a masteral degree in
Pharmacy, or its equivalent;
c) Have been in the active practice of pharmacy for the past
ten (10) years;
d) Have not been convicted of a crime involving moral
turpitude;
e) Be a member in good standing of the APO for at least five
(5) years, but not an officer or trustee thereof; and
f) At the time of appointment, must neither be a member of
8
PCM 3 2021 Source: Jonathan Loreche ppt and notes
the faculty nor an administrative officer of any school,
college or university offering degree programs in
pharmacy nor has any direct or indirect pecuniary interest
or connection in any review center or similar institution
Section 8. Powers, Functions, and Responsibilities of the Board
The Board shall exercise the following powers, functions, and
responsibilities:
a) Administer and implement the provisions of this Act
b) Promulgate rules and regulations, administrative orders,
and issuances necessary to carry out the provisions of this
Act
c) Prepare licensure examination questions, score, and rate
the examinations and submit the results thereof to the PRC.
The Board shall prepare, adopt, issue, or amend the syllabi
or tables of specifications of the subjects in the licensure
examination, in consultation with the academe and the
Commission on Higher Education (CHED)
d) Recommend the issuance, suspension, revocation, or
reinstatement of the COR, PIC or Special/Temporary
Permits (STP) for the practice of pharmacy
e) Administer oaths in accordance with the provisions of this
Act
f) Regulate and monitor the practice of pharmacy in the
Philippines, including the practice of subprofessional
services such as pharmacy technicians, pharmacy
assistants, aides, and other medicine handlers, as
described in this Act; adopt measures that may be
deemed proper for the enhancement of the profession
and the maintenance of high professional, academic,
ethical, and technical standards; and conduct ocular
inspection of pharmaceutical establishments and higher
education institutions (HEIs), in coordination with
concerned government agencies;
g) Promulgate and prescribe the Pharmacists’ Code of Ethics,
Code of Technical Standards and Guidelines for the
Professional Practice of the Pharmacy Profession, in
coordination with the APO;
h) Represent the pharmacy profession in all fora involving
concerns and issues related to pharmaceutical products
and the practice of pharmacy;
i) Investigate cases arising from violations of this Act, the rules
and regulations promulgated pursuant thereto, the
Pharmacists’ Code of Ethics, Code of Technical Standards
and Guidelines for the Professional Practice of the
Pharmacy Profession, and other Board issuances; issue
summons, subpoena ad testificandum and subpoena
duces tecum to secure the attendance of witnesses or
production of documents, or both, and other evidence
necessary for such investigation or hearing; and render
decision thereon which shall, unless appealed to the PRC,
become final and executory after fifteen (15) days from
receipt of notice of judgment or decision;
j) Delegate the he aring or investigation of administrative
cases filed before the Board, except where the issue or
question involves the practice of the profession, in which
case, the hearing shall be presided over by at least one (1)
member of the Board, to be assisted by a Legal or Hearing
Officer of the PRC;
k) Conduct, through the Legal Officers of the PRC, summary
proceedings on minor violations of this Act, the General
Instruction to the Examinees, including the implementing
rules and regulations issued by the Board, and to render
summary judgment thereon which shall, unless appealed
to the PRC, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;
l) Issue and promulgate guidelines on CPD, in coordination
with the APO;
m) Recommend the accreditation of the standardized
training programs for and certifications of medical
representatives or professional service representatives,
pharmacy technicians, pharmacy assistants, pharmacy
aides and other medicine handlers covered in Section 39,
Article IV of this Act. The Board shall promulgate the criteria
and guidelines in the accreditation of training programs
and certifications as described above, in coordination with
the APO and with other concerned government agencies
n) Accredit Specialty Boards of Pharmacy based on the
criteria that it shall establish and prescribe; and
o) Perform and discharge such other functions and
responsibilities, as may be deemed implied, incidental, and
necessary, to preserve the integrity of the pharmacy
licensure examination and to enhance and upgrade the
practice of the pharmacy profession in the country
Section 9. Term of Office of the Members of the Board
The Chairperson and members of the Board shall hold office for
a term of three (3) years from the date of appointment or until
their successors shall have been qualified and appointed. They
may be reappointed in the same office for another term of
three (3) years immediately after the expiry of their
term; Provided, That no member of the Board shall hold office
for more than two (2) terms or not more than six (6)
years; Provided, further, That the first Board appointed under this
Act shall hold these terms cf office: the Chairperson for three (3)
years, the first member for two (2) years, and the second
member for one (1) year; Provided, finally, That an appointee to
a vacancy shall serve only the unexpired portion of the term of
office. The Chairperson and members of the Board shall duly
take their oath of office before a duly authorized officer.
Section 10. Compensation and Allowances of the Board
The Chairperson and members of the Board shall receive
compensation and allowances comparable to the
compensation and allowances received by the members of the
other existing professional regulatory boards under the PRC, as
provided for in the General Appropriations Act
Section 11. Grounds for Suspension or Removal from Office of
the Chairperson or Member of the Board
The President of the Philippines may, upon recommendation of
the PRC and after due process, suspend or remove the
Chairperson or any member of the Board on any of the following
grounds:
a) Gross neglect, incompetence, or dishonesty in the
discharge of duty;
b) Involvement in the manipulation, tampering, or rigging of
the licensure examination, its questions or results, or both,
and in the disclosure of classified and confidential
information pertaining to the licensure examination;
c) Conviction of an offense involving moral turpitude by a
court of competent jurisdiction; and
d) Unprofessional, unethical, immoral, or dishonorable
conduct
 The PRC, in the conduct of investigation, shall be guided
by Sections 7 and 15 of Republic Act No. 8981, the existing
rules on administrative investigation, and the Rules of Court
Section 12. Custodian of its Records, Secretariat and Support
Services.
All records of the Board, pertaining to the applications for
examinations, administrative and other investigative hearings
conducted by the Board, shall be under the custody of the PRC.
The PRC shall designate a Secretary who shall provide the Board
with secretariat and other support services to implement the
provisions of this Act
Article III
Examination, Registration, and Licensure
Section 13. Licensure Examination Requirement
Unless exempted therefrom, all applicants for registration for the
practice of pharmacy shall be required to pass a licensure
examination, as provided for in this Act and Section 7(d) of
Republic Act No. 8981
Section 14. Qualifications for the Licensure Examination
An applicant for the Pharmacists’ Licensure Examination shall
establish to the satisfaction of the Board that the following
qualifications are met:
a) A citizen of the Philippines or of a foreign country which
has a law or policy on reciprocity for the practice of the
pharmacy profession;
b) Of good moral character and reputation;
c) A degree holder of Bachelor of Science in Pharmacy or its
equivalent degree conferred by an HEI in the Philippines or
an institution of learning in a foreign country duly
recognized by the CHED; and
9
PCM 3 2021 Source: Jonathan Loreche ppt and notes
d) Has completed an internship program approved by the
Board, pursuant to such guidelines as may hereinafter be
promulgated, in consultation with the duly recognized
associations of pharmacy schools and the CHED.
Section 15. Scope of Examination
 The Pharmacists’ Licensure Examination shall cover the
following subjects on Pharmacy Science and Practice,
Inorganic Pharmaceutical Chemistry, Organic
Pharmaceutical Chemistry, Qualitative and Quantitative
Pharmaceutical Chemistry, Pharmacognosy and Plant
Chemistry, Pharmaceutical Biochemistry, Microbiology and
Parasitology, Physical Pharmacy, Biopharmaceutics,
Pharmacology and Toxicology, Manufacturing, Quality
Assurance and Instrumentation, Pharmaceutical
Calculations, Drug Delivery Systems, Hospital Pharmacy,
Clinical Pharmacy, Dispensing and Medication Counseling,
Pharmaceutical Administration and Management, Public
Health, Legal Pharmacy, and Ethics.
 The Board, subject to the approval of the PRC, may
introduce relevant changes on the subject areas, format,
and content of the examination, as well as on the relative
weight attributed to each examination subject, as the
need arises, and in consultation with the duly recognized
associations of pharmacy schools and the CHED.
Section 16. Holding of Examination
The Pharmacists’ Licensure Examination shall be given two (2)
times a year in places and dates as the PRC may designate in
the Resolution providing for the master schedule of all licensure
examinations pursuant to Section 7(d) of Republic Act No. 8981
Section 17. Ratings in the Licensure Examination
 In order to be registered and licensed as a pharmacist, a
candidate must obtain a general weighted average of
seventy-five percent (75%), with no rating lower than fifty
percent (50%) in any of the subjects
 An applicant who failed in the licensure examination for
the third (3rd) time shall not be allowed to take the next
succeeding examinations without having undertaken a
refresher program in a duly accredited institution. The
Board shall issue guidelines on the refresher program
requirement
Section 18. Report of Rating
The Board shall submit to the PRC the ratings obtained by each
candidate within three (3) working days after the last day of the
examination, unless extended for just cause.Upon the release of
the results of the examination, the PRC shall send by mail the
rating obtained by each examinee at the given address using
the mailing envelope submitted during the examination
Section 19. Oath of Profession
All successful candidates in the licensure examination shall take
their oath of profession before any member of the Board, officer
of the PRC, or any person authorized by law to administer oaths,
prior to entering the practice of the pharmacy profession
Section 20. Issuance of Certificate of Registration and
Professional Identification Card
 A COR as a pharmacist shall be issued to those who
passed the licensure examination, subject to compliance
with the registration requirements and payment of the
prescribed fees. The COR shall bear the registration
number, the date of its issuance, and the signatures of the
Chairperson of the PRC and the members of the Board,
stamped with the official seals of the PRC and of the
Board, certifying that the person named therein is entitled
to the practice of the profession, with all the privileges
appurtenant thereto. This COR shall remain in full force and
effect until suspended or revoked in accordance with this
Act.
 A PIC bearing the registration number and dates of its
issuance and expiry, duly signed by the Chairperson of the
PRC, shall likewise be issued to every registrant, upon
payment of the prescribed fees. The PIC shall be renewed
every three (3) years, upon presentation of the Certificate
of Good Standing (COGS) from the APO and proof of
completion of the CPD requirements.
Section 21. Foreign Reciprocity
Unless the country or state of which the foreign pharmacist is a
subject or citizen, specifically permits Filipino pharmacists to
practice within its territorial limits on the same basis as the
subjects or citizens of the said foreign country or state under
reciprocity and under international agreements, no foreigner
shall be admitted to licensure examinations, given a COR to
practice as pharmacist nor be entitled to any of the privileges
under this Act
Section 22. Practice Through Special/Temporary Permit (STP)
The practice of pharmacy in the Philippines shall be limited to
natural persons only and shall be governed by the provisions of
Republic Act No. 8981 and other issuances pertinent
thereto: Provided, That any foreign citizen who has gained entry
in the Philippines to perform professional services within the
scope of the practice of pharmacy, including the following: (a)
being a consultant in foreign-funded or assisted projects of the
government; (b) being engaged or employed by a Filipino
employer or establishment; (c) providing free services in
humanitarian missions: and (d) being a visiting faculty member in
any field or specialty in pharmacy shall, before assuming such
duties, functions and responsibilities, secure an STP from the
Board and the PRC, under the following conditions:
1. The person is an internationally renowned pharmacist or
expert in a field or specialty of pharmacy;
2. The person is engaged in the provision of a professional
service which is determined to be necessary due to lack of
Filipino specialist or expert; and
3. The person is required to work with a Filipino counterpart, a
natural person who is a registered and licensed
pharmacist.
Section 23. Grounds for Non-registration
The Board shall not register any successful examinee who has
been:
a) Convicted of an offense involving moral turpitude by a
court of competent jurisdiction;
b) Summarily adjudged by the Board as guilty for
misrepresentation or falsification of documents in
connection with the application for examination or for
violation of the General Instructions to Examinees;
c) Found guilty of immoral or dishonorable conduct by the
Board;
d) Medically proven to be addicted to any drug or alcohol
by a medical or drug testing facility accredited by the
government; and
e) Declared of unsound mind by a court of competent
jurisdiction.
In refusing the registration, the Board shall give a written
statement setting forth the reasons therefor and shall file a copy
thereof in its records. Should ground (d) be proven to be no
longer existent, the Board shall issue a Board Resolution allowing
the issuance of such COR
Section 24. Reissuance of Revoked Certificate of Registration,
Replacement of Lost or Damaged Certificate of Registration,
Professional Identification Card or Special/Temporary Permit.
 The Board may, upon petition, reinstate or reissue a
revoked COR after the expiration of two (2) years from the
date of its revocation. The Board may, in its discretion,
require the applicant to take another licensure
examination. The petitioner shall prove to the Board that
there is a valid reason for such reinstatement. For the grant
of the petition, the Board shall issue a Board Resolution, to
be approved by the PRC.
 A duplicate copy of the COR for display in Category B
establishments may be issued. Replacement of lost or
damaged COR, PIC or STP may be issued in accordance
with the pertinent rules that shall be issued thereon.
Article IV
Regulation of the Practice of Pharmacy
Section 25. Vested Rights; Automatic Registration
 All pharmacists registered before the effectivity of this Act
shall automatically be registered hereunder, subject to
compliance as to future requirements.
 The CORs, PICs or STPs held by such persons in good
standing shall have the same force and effect, as though
they were issued on or after the effectivity of this Act.
10
PCM 3 2021 Source: Jonathan Loreche ppt and notes
Section 26. Affixing RPh After a Registered Pharmacist’s Name
Only duly registered and licensed pharmacists shall have the
right to affix to one’s name, the title "Registered Pharmacist" or
"RPh"
Section 27. Indication of Information
A pharmacist shall be required to indicate the serial numbers,
the date of expiry of the pharmacist’s PIC and APO Certificate
of Membership on all pertinent documents signed by him/her
Section 28. Registry of Pharmacists
The Board and the PRC shall prepare and maintain a registry of
the names, residences or office addresses, or both, status of
registration and area of practice of all registered pharmacists,
which shall be updated annually, in coordination with the APO.
This registry shall be made available to the public upon inquiry or
request, subject to such guidelines that shall be established
therefor
Section 29. Display of Certificate of Registration.
It shall be the duty of every pharmacist engaged in the
practice, whether in private or under the employ of another, to
display the original copy of one’s COR in a prominent and
conspicuous place in the drug establishment in which one is
employed in a professional capacity as pharmacist. When
employed in establishments under Category B, as defined in
Section 31 of this Act, the duplicate copy of the pharmacist’s
COR shall also be displayed therein. - No pharmacist shall
knowingly allow the COR to be displayed in an establishment
where one is not ctually employed as a professional pharmacist.
Section 30. Dispensing/Sale of Pharmaceutical Products
 No pharmaceutical product, of whatever nature and kind,
shall be compounded, dispensed, sold or resold, or
otherwise be made available to the consuming public,
except through a retail drug outlet duly licensed by the
FDA.
 Prescription drugs and pharmacist-only OTC medicines
shall be dispensed only by a duly registered and licensed
pharmacist, except in emergency cases, where the
services of a registered and licensed pharmacist are not
available: Provided, That a report shall be made to the
supervising pharmacist within twenty-four (24) hours after
the occurrence of the emergency so that product
recording in the prescription books can be done.
 Compounding and dispensing shall be done only by duly
registered and licensed pharmacists, in accordance with
current Good Manufacturing Practice, laboratory practice,
Philippine Practice Standards for Pharmacists and
dispensing guidelines. A registered and licensed
pharmacist may refuse to compound, dispense or sell
drugs and pharmaceutical products, if not in accordance
with this Act and the abovementioned standards.
 Licensed manufacturers, importers, distributors, and
wholesalers of pharmaceutical products are authorized to
sell their products only to duly licensed pharmaceutical
outlets.
Section 31. Pharmacist Requirement.
 Establishments/outlets which are required to employ
and/or retain and maintain the professional services of duly
registered and licensed pharmacists shall be classified as
follows:
 Category A – Pharmaceutical
establishments/outlets where the direct and
immediate control and supervision of a duly
registered and licensed pharmacist is required,
per establishment, whether in-store or online,
including:
(1) Pharmaceutical establishments/outlets
selling or otherwise making available to the
consuming public prescription/ethical
medicines, combination products (medical
device and drugs) classified as drugs
according to the primary intended mode of
action, pharmacist-only OTC medicine,
whether owned by the government or by a
private person or firm, whether sold at
wholesale or retail;
(2) Establishments involved in
manufacture, importation, exportation,
distribution, and sale of combination products
(medical device and drugs) classified as
drugs according to the primary intended
mode of action;
(3) Departments/Divisions/Units of
pharmaceutical laboratories, pharmaceutical
manufacturing laboratories, or other
establishments with processes involving the
preparation, manufacture, assay, regulation,
product research and development, quality
control, repacking, importation, exportation,
distribution, sale or transfer of pharmaceutical
products in quantities greatly in excess of
single therapeutic doses; and
(4) Government units, including local
government, city, first to third class municipal
health units, nongovernment organizations
and/or associations involved in the
procurement, distribution, dispensing and
storage of pharmaceutical products;
 Category B – Pharmaceutical
establishments/outlets where the supervision
and oversight of a duly registered and licensed
pharmacist is required under pertinent provisions
of law, including:
(1) Retail outlets selling household remedies
and OTC drugs as differentiated from the
pharmacist-only OTC medicines;
(2) Satellite institutional pharmacies providing
medicines solely to employees of their
respective companies or the employees’
qualified dependents, or both; or members of
a duly registered organization or institution;
(3) Fourth, fifth and sixth class municipal
health units involved in the procurement,
distribution, dispensing, and storage of
pharmaceutical products;
(4) Institutions providing telepharmacy
services; and
(5) Nontraditional outlets of pharmaceutical
products: Provided, That no prescription
medicines and pharmacist-only OTC
medicines are sold.
 The FDA, in coordination with the Board, and the approval
of the PRC, may add to, delete, reclassify, or modify the
above list of establishments, as the need arises, in order to
keep pace with the developments in the pharmacy
practice.
 A pharmacist working in a Category A establishment may
be allowed to simultaneously work or render pharmacy
services in Category B establishments, the maximum
number of hours of which shall be determined, in
accordance with such guidelines as may be established
therefor by the Board, in coordination with the FDA, and
other agencies, establishments, institutions, and regulatory
bodies.
 Procurement, storage, distribution, or dispensing of any
pharmaceutical product in the national government and
local government units shall be made only under the
supervision of a duly registered and licensed pharmacist.
 All units or sub-units of establishments, institutions, and
regulatory bodies whether government or private with
functions and activities that are exclusive for pharmacists,
as defined in Section 4, paragraphs (a), (b), (c), (d) and (i),
shall be headed and managed by a qualified duly
registered and licensed pharmacist: Provided, That an
appointment in government service shall comply with the
provisions of other pertinent laws.
Section 32. Responsibility for Quality of Pharmaceutical Products
 It shall be the duty of a duly licensed and registered
pharmacist of a pharmaceutical establishment and outlet
to ensure that all pharmaceutical products conform to
standards of safety, quality and efficacy, as provided for in
this Act and other pertinent rules and regulations and
the
issuances. Owners, managers, or pharmacists in charge of
11
PCM 3 2021 Source: Jonathan Loreche ppt and notes
the operation of pharmaceutical establishments and
outlets shall be held jointly responsible for nonconformance
with these standards.
 It shall be unlawful for any person to manufacture,
prepare, sell, or dispense any pharmaceutical product
under a fraudulent name, or pretense or to adulterate any
pharmaceutical product offered for sale.
 In cases of pharmaceutical products sold in their original
package, the seal of which has not been broken or
tampered with, the liability that may arise because of their
quality and purity rests upon the manufacturer or importer,
the distributor, representative, or dealer who is responsible
for their distribution or sale.
Section 33. Filling and Partial Filling of Prescription
 All prescriptions and pharmacist-only OTC medicines shall
be filled, compounded and dispensed only by a registered
and licensed pharmacist, in accordance with the
Philippine Practice Standards for Pharmacists, Dispensing
Guidelines and other standards pertaining to purity, safety
and quality. Completely filled prescriptions should be
surrendered to the pharmacist for recording.
 Partial filling of prescription less than the total quantity
indicated in the prescription shall be allowed, subject to
dispensing guidelines as provided in the immediately
preceding paragraph. It is the responsibility of the
pharmacist dispensing the last quantity completing the
prescription to keep the prescription according to proper
prescription recording guidelines.
 Prescription medicines may be dispensed only by a duly
registered and licensed pharmacist and only with a valid
prescription of a physician, dentist, or veterinarian.
Section 34. Physician’s Sample
 Pharmaceutical products given or intended to be given
free to any health professional by a manufacturer or
distributor or its professional service representative as part
of its program or promotion shall not be sold to any
pharmaceutical outlet or the consuming public.
 The statement "Sample, Not for Sale", or its equivalent, shall
appear conspicuously on the primary and secondary
packaging of the drug or combination products (medical
device and drug) classified as drug according to the
primary intended mode of action to be given. It shall be
unlawful to remove, erase, deface or mark the original
labels of samples.
 Pharmaceutical products classified as antimicrobials,
including anti-TB medicines and other classifications of
medicines, as may be prescribed by the FDA, shall not be
given or distributed as physician’s samples.
Section 35. Prohibition Against the Use of Cipher, Codes, or
Unusual Terms in Prescriptions and Prescription Substitution
 Pharmacists shall not compound or dispense prescriptions,
recipes, or formulas which are written in ciphers, codes or
secret keys or prescriptions of pharmaceutical products
with unusual names which differ from those in standard
pharmacopeias or formularies.
 The pharmacist dispensing or compounding prescriptions
shall not substitute the medicine called for in the
prescription with any other drug, substance or ingredient,
without prior consultation with, and written consent of the
person prescribing, except in accordance with Republic
Act No. 6675, as amended, otherwise known as the
"Generics Act of 1988", and other pertinent laws and
regulations.
Section 36. Label of Dispensed Medicines
Upon every box, bottle, or package of medicines compounded
or dispensed by a registered and licensed pharmacist based on
prescription, there shall be pasted, affixed, or imprinted a seal or
label bearing, among others, the name of patient and generic
name of drug; brand name, if any, strength, expiry date,
directions for use; and name and address of pharmacy, name
of the doctor, the dispensing pharmacist and other requirements
prescribed in the Philippine Practice Standards for Pharmacists
and Dispensing Guidelines, Republic Act No. 9502, otherwise
known as the "Universally Accessible Cheaper and Quality
Medicines Act of 2008", its implementing rules and regulations
and such other guidelines that may be promulgated by the
Board. Auxiliary labels containing special pharmacists"
instructions for the patient shall be required as prescribed for
dangerous drugs, external-use-only drugs, drugs with special
storage and administration instructions and such other drugs as
may be required by law.
Section 37. Recording of Patient Medication Profile
 All prescriptions dispensed in the pharmacy shall be
recorded in an appropriate recording system indicating
therein, among other things, the name and address of the
patient, name of prescribes generic name and brand,
dosage strength, quantity of drug and initials of
pharmacist. It shall be open for inspection by the
representatives of the Board or the FDA, or both, at any
time of the day, when the pharmacy is open, and must be
kept for a period of not less than two (2) years after the last
entry.
 All required information on dangerous drugs dispensed by
a pharmacy shall be recorded in the Dangerous Drugs
Book or an equivalent recording system as required by
Republic Act No. 9165 and other applicable laws and
issuances.
 All referrals such as tuberculosis patients undertaken by the
pharmaceutical outlets shall be recorded in the Referral
Registry and shall be open for inspection by the Board, or
representative of the Department of Health (DOH) or the
FDA, or both, at any time of the day when the pharmacy is
open, and must be kept for a period of not less than two
(2) years after the last entry.
Section 38. Requirements for the Opening and Operation of
Retail Pharmaceutical Outlet or Establishment
 The opening of a retail pharmaceutical outlet or
establishment shall be subject to requirements provided for
in this Act and the rules and regulations prescribed by the
FDA.
 The application for the opening and operation of a retail
drug outlet or other similar business establishments shall not
be approved, unless applied for by a Filipino registered
and licensed pharmacist, either as owner or as pharmacist-
in-charge, pursuant to the provisions of this Act
Section 39. Handling of Pharmaceutical Products by Persons
Other Than a Pharmacist
 For the purpose of this section, persons handling
pharmaceutical products, other than the pharmacist,
which shall include pharmacy owners who are non-
pharmacists, medical representatives or professional
service representatives, pharmacy support personnel,
pharmacy technicians, pharmacy assistants, pharmacy
aides, persons who assist pharmacists in any part of a
pharmacy operation, or any other person performing
functions involved in the handling of pharmaceutical
products, shall be duly certified by appropriate
government agencies after undergoing an accredited
training program.
 No person, except pharmacy graduates, shall be allowed
to render such services without undergoing a
comprehensive standardized training
program: Provided, That the job description is defined in
the implementing rules and regulations of this Act.
Section 40. Administration of Adult Vaccines
In addition to the requirement provided in Section 4, paragraph
(g) of this Act, licensed and trained pharmacist who shall
administer adult vaccines shall ensure that the vaccine to be
administered shall have a doctor’s prescription which is not
more than seven (7) days old and submit a monthly vaccination
report and AEFI report to DOH regional offices using the
prescribed form
Article V
Accredited Professional Organization
Section 41. The Integrated and Accredited Professional
Organization (APO) of Pharmacists
 The pharmacy profession shall be integrated into one (1)
national organization registered with the Securities and
Exchange Commission (SEC) which shall be recognized by
the Board and the PRC as the one and only integrated
and accredited professional organization of pharmacists.
12
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 A pharmacist duly registered with the Board shall
automatically become a member of the integrated and
accredited professional organization of pharmacists, and
shall receive the benefits and privileges appurtenant
thereto upon payment of the required fees and dues.
 Membership in the integrated APO shall not be a bar to
membership in other associations of pharmacists.
Section 42. Membership to the Integrated and Accredited
Professional Organization
 All registered pharmacists must be members of the APO
and must maintain membership throughout the duration of
the practice of the profession. The PIC shall not be
renewed if the requirements for membership with the APO
are not met including credit units for attendance to duly
accredited CPD.
 All pharmacy support personnel must be registered as
affiliate members of the APO and must likewise maintain
membership throughout the duration of employment in
pharmaceutical establishments and outlets
Section 43. Specialty Boards in Various Areas of Pharmacy
Practice
Specialty Boards in various areas of pharmacy practice shall be
created, subject to accreditation by the Board and the PRC.
The Board shall issue guidelines in the accreditation of specialty
boards in various areas of pharmacy practice, which shall
include the standards of practice within different specialties,
qualifications, and requirements for the certification of
practitioners under each specialty, among others
Article VI
Violations, Administrative Sanctions, and Procedures
Section 44. Revocation or Suspension of the Certificate of
Registration and Cancellation of Special/Temporary Permit
The Board shall have the power, upon notice and hearing, to
revoke or suspend the COR of a registered pharmacist or to
cancel an STP of a foreign pharmacist on any of the following
grounds:
a) Violation of any provision of this Act, its rules and
regulations, the Pharmacists’ Code of Ethics, Code of
Technical Standards for the Professional Practice of the
Pharmacy Profession, Code of Good Governance and all
other guidelines, policies and regulatory measures of the
Board and/or the PRC relating to the practice of the
pharmacy profession;
b) Conviction of an offense involving moral turpitude by a
court of competent jurisdiction;
c) Unprofessionalism, immorality, malpractice, incompetence,
gross negligence, or imprudence in the practice of the
profession;
d) Fraud or deceit in the acquisition of the COR, PIC or STP, or
renewal thereof;
e) Allowing the COR to be used or displayed in establishments
where the pharmacist is not actually employed and
practicing;
f) Addiction to alcoholic beverages or to any habit-forming
drug rendering a pharmacist incompetent to practice the
profession as provided for in Section 23 hereof;
g) Aiding or abetting the illegal practice of a non-registered
and licensed person;
h) Insanity or any mental disorder that would render the
person incompetent to practice pharmacy;
i) False, extravagant, or unethical advertisements and
endorsements of pharmaceutical products,
pharmaceutical outlets and establishments where the
pharmacist’s name or the pharmacist’s professional
organization and similar information, or both, are used;
j) Manufacture, sale, offering for sale of counterfeit, spurious,
substandard and falsified pharmaceutical products and
committing other acts in violation of Republic Act No. 9165
and Republic Act No. 8203, otherwise known as the
"Special Law on Counterfeit Drugs";
k) Illegal manufacture, sale, possession, dispensing of
dangerous drugs and other acts in violation of Republic
Act No. 9165, and other applicable laws and issuances;
l) Committing acts in violation of Section 6 of Presidential
Decree No. 881, entitled "Empowering the Secretary of
Health to Regulate the Labeling, Sale and Distribution of
Hazardous Substances" and Section 11 of Republic Act No.
3720, as amended;
m) Practicing pharmacy with a suspended COR or expired
PIC;
n) Unauthorized dispensing of pharmaceutical products
through unregistered online services or direct selling
businesses; and
o) Being found guilty of immoral, unprofessional, or
dishonorable conduct by the Board.
Article VII
Penal Provisions
Section 45. Penal Provisions
Any person who shall commit any of the following acts shall,
upon conviction, be sentenced to pay a fine of not less than
two hundred fifty thousand pesos (₱250.000.00), but not
exceeding five hundred thousand pesos (₱500.000.00) or
imprisonment of not less than one (1) year and one (1) day but
not more than six (6) years, or both, at the discretion of the
court:
a. Commission of any act in violation of Sections 30 and 31 of
this Act;
b. Allowing the display of one’s COR in a pharmaceutical
establishment where the pharmacist is not employed and
practicing;
c. Displaying of the pharmacist’s COR by pharmacy
owners/operators in a pharmaceutical establishment
where the pharmacist is not employed and practicing;
d. Dispensing or allowing the dispensing or offering for sale of
prescription drugs or pharmaceutical products in a place
not licensed by the FDA as a pharmaceutical outlet;
e. Dispensing of prescription and pharmacist-only OTC
pharmaceutical products by a person other than those
under the direct and immediate supervision of a duly
registered and licensed pharmacist;
f. Allowing the dispensing of prescription and pharmacist-
only OTC pharmaceutical products, without the direct and
immediate supervision of a duly registered and licensed
pharmacist;
g. Compounding and dispensing not in accordance with
current Good Manufacturing Practice, Good Laboratory
Practice and Philippine Practice Standards for Pharmacists,
and such other standards and guidelines issued by the
Board;
h. Selling of prescription and pharmacist-only OTC drugs by
manufacturers, importers, and wholesalers to unlicensed
pharmaceutical outlets and other establishments;
i. Substituting prescription drugs which are not generically
equivalent to what was on the prescription, without the
consent of the prescriber or not in accordance with
Republic Act No. 6675;
j. Forcing, coercing, or intimidating a duly registered and
licensed pharmacist to compound or dispense medical
and pharmaceutical products in violation of the provisions
of this Act;
k. Preparing and compounding of pharmaceutical products
in quantities greatly in excess of single therapeutic doses,
without the presence and supervision of a duly registered
and licensed pharmacist;
l. Noncompliance with the labeling requirements for
dispensed medicines by a pharmaceutical outlet;
m. Manufacturing and selling of pharmaceutical products
under fraudulent name or address, or both;
n. Adulterating and misbranding of pharmaceutical
products;
o. Manufacturing and selling of unsafe, substandard and
counterfeit pharmaceutical products;
p. Operating an unlicensed pharmaceutical outlet such as
online pharmacy service or direct selling not authorized by
the FDA;
q. Operating a Category A establishment which opens for
business without a duly registered and licensed
pharmacist;
r. Operating a Category B establishment without the
supervision and oversight of a duly registered and licensed
pharmacist;
s. Practicing pharmacy with an expired, suspended or
13
PCM 3 2021 Source: Jonathan Loreche ppt and notes
revoked license;
t. Filling and refilling of prescription and pharmacist-only OTC
pharmaceutical products by a person other than a duly
registered and licensed pharmacist without the direct and
immediate supervision;
u. Dispensing prescription drugs and pharmacist-only OTC
drugs by rural health units without the supervision of a duly
registered and licensed pharmacist; and
v. All other acts or omissions analogous to the foregoing.
Section 46. Other Penalties
Any person who shall commit any of the following acts shall,
upon conviction, be sentenced to pay a fine of not less than
one hundred thousand pesos (₱100,000.00), but not exceeding
two hundred thousand pesos (₱200,000.00) or imprisonment of
not less than thirty (30) days but not more than one (1) year, or
both, at the discretion of the court:
a) Affixing of the title "RPh" by a person who is not a duly
registered and licensed pharmacist;
b) Practicing the pharmacy profession in the Philippines
without a valid COR, PIC or STP;
c) Non-indication of a pharmacist of his/her COR and
professional tax receipt numbers in official documents
requiring such information;
d) Refusal to display the COR of the pharmacist in a
prominent and conspicuous place in the establishment
and outlet where the pharmacist is employed and
practicing;
e) Noncompliance by a duly registered and licensed
pharmacist with the requirements on the filling of
prescription;
f) Noncompliance by a duly registered and licensed
pharmacist on the requirements for partially-filled
prescription;
g) Selling of physician’s samples;
h) Distribution of antimicrobials, including anti-TB drugs and
other product classification as may be prohibited by law as
physician’s samples;
i) Removal, erasure and alteration of mark or label of
physician’s sample;
j) Use of cipher, codes, or secret keys or unusual names or
terms in prescriptions;
k) Filling of prescriptions where cipher, codes, or secret keys
or unusual names or terms are used;
l) Noncompliance with labeling requirements for dispensed
medicines;
m) Noncompliance with the requirements on the keeping of
record books by a pharmaceutical outlet;
n) Employment of personnel in a pharmacy
pharmaceutical operation without the required training
and certification;
o) Refusal of a non-pharmacist owner/operator of a
pharmaceutical outlet to undergo training and
certification;
p) Refusal by the owner/operator to allow and require duly
registered and licensed pharmacists and pharmacy
support personnel to undergo CPD, training and
certification;
q) Rendering dispensing-related services by non-pharmacists
in a pharmaceutical outlet without undergoing the
required training and certification;
r) Dispensing pharmaceutical products in medical missions
without the supervision of a duly registered and licensed
pharmacist;
s) Noncompliance with the required training and certification
of professional service or medical representatives or
professional service representatives, pharmacy
technicians, pharmacy assistants, pharmacy aides,
pharmacy clerks, and other medicine handlers of
pharmaceutical products. Both the medical
representatives or professional service representatives,
pharmacy technicians, pharmacy assistants, pharmacy
aides, pharmacy clerks, or medicine handlers and the
pharmaceutical establishment and outlet emploving any
such individual shall be held jointly liable; and
t) Violation of any provision of this Act and its rules and
regulations not aforementioned above. Any person, other
than the citizens of the Philippines, having been found
guilty of any violation as provided for in this section and the
preceding section shall, after having paid the fine or
having served the sentence, or both, when so adjudged,
shall also be subject to immediate deportation.
The penalties and liabilities herein provided shall be without
prejudice to other sanction/s that may be imposed for violation
of other applicable laws, policies, rules and regulations.
The owner/operator of the pharmaceutical
establishments/outlets and the duly registered and licensed
pharmacists/pharmacy support personnel are jointly liable for
the willful violation of any provision of this Act.
Article VIII
Final Provisions
Section 47. Enforcement
It shall be the primary duty of the Board and the PRC to
effectively enforce the provisions of this Act. All duly constituted
law enforcement agencies and officers of the national,
provincial, city or municipal government or of any political
subdivision thereof shall ensure the effective enforcement and
implementation of the provisions of this Act
Section 48. Appropriations
The Chairperson of the PRC shall immediately include in its
programs the implementation of this Act, the funding of which
shall be charged against their current years’ appropriations and
thereafter, in the annual General Appropriations Act
Section 49. Transitory Provisions
The incumbent Chairperson and members of the Board shall, in
an interim capacity, continue to function as such until the
Chairperson and members of the new Board, created under this
Act, shall have been appointed and qualified
Section 50. Implementing Rules and Regulations.
Within one hundred twenty (120) days after the approval of this
Act, the Board, subject to the approval by the PRC, and in
consultation with the APO, shall formulate and issue the rules
and regulations to implement the provisions of this Act
Section 51. Separability Clause
If any clause, provision, paragraph or part hereof shall be
declared unconstitutional or invalid, such declaration shall not
affect, invalidate, or impair the other provisions otherwise valid
and effective
Section 52. Repealing Clause
Republic Act No. 5921, as amended, is hereby repealed. AH
other laws, presidential decrees, executive orders and other
administrative issuances or parts thereof which are contrary to or
inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly
or
Section 53. Effectivity.
This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation
Dangerous Drugs Act
 REPUBLIC ACT NO. 9165
 An act instituting the comprehensive dangerous drugs act
of 2002, repealing republic act no. 6425, otherwise known
as the dangerous drugs act of 1972, as amended,
providing funds therefor, and for other purposes
 June 7 2002
Section 1. Short Title. – This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002”
Section 2. Declaration of Policy.
 It is the policy of the State to safeguard the integrity of its
territory and the well-being of its citizenry particularly the
youth, from the harmful effects of dangerous drugs on their
physical and mental well-being, and to defend the same
against acts or omissions detrimental to their development
and preservation. In view of the foregoing, the State needs
to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious
social ills.
 Toward this end, the government shall pursue an intensive
14
PCM 3 2021 Source: Jonathan Loreche ppt and notes
and unrelenting campaign against the trafficking and use
of dangerous drugs and other similar substances through
an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and
projects. The government shall however aim to achieve a
balance in the national drug control program so that
people with legitimate medical needs are not prevented
from being treated with adequate amounts of appropriate
medications, which include the use of dangerous drugs.
 It is further declared the policy of the State to provide
effective mechanisms or measures to re-integrate into
society individuals who have fallen victims to drug abuse or
dangerous drug dependence through sustainable
programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall
mean:
a) Administer. – Any act of introducing any dangerous drug
into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other
means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug
to himself/herself unless administered by a duly licensed
practitioner for purposes of medication.
b) Board. - Refers to the Dangerous Drugs Board under
Section 77, Article IX of this Act.
c) Centers. - Any of the treatment and rehabilitation centers
for drug dependents referred to in Section 34, Article VIII of
this Act.
d) (d) Chemical Diversion. – The sale, distribution, supply or
transport of legitimately imported, in-transit, manufactured
or procured controlled precursors and essential chemicals,
in diluted, mixtures or in concentrated form, to any person
or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling,
relabeling or concealment of such transaction through
fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
e) (e) Clandestine Laboratory. – Any facility used for the
illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
f) (f) Confirmatory Test. – An analytical test using a device,
tool or equipment with a different chemical or physical
principle that is more specific which will validate and
confirm the result of the screening test.
g) (g) Controlled Delivery. – The investigative technique of
allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential
chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any
offense, to pass into, through or out of the country under
the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate
prosecution of that offense.
h) (h) Controlled Precursors and Essential Chemicals. –
Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached
annex, which is an integral part of this Act.
i) (i) Cultivate or Culture. – Any act of knowingly planting,
growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous
drug.
j) (j) Dangerous Drugs. – Include those listed in the Schedules
annexed to the 1961 Single Convention on Narcotic Drugs,
as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is
an integral part of this Act.
k) (k) Deliver. – Any act of knowingly passing a dangerous
drug to another, personally or otherwise, and by any
means, with or without consideration.
l) (l) Den, Dive or Resort. – A place where any dangerous
drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
m) (m) Dispense. – Any act of giving away, selling or
distributing medicine or any dangerous drug with or
without the use of prescription.
n) (n) Drug Dependence. – As based on the World Health
Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity,
in which the use of psychoactive drug takes on a high
priority thereby involving, among others, a strong desire or
a sense of compulsion to take the substance and the
difficulties in controlling substance-taking behavior in terms
of its onset, termination, or levels of use.
o) (o) Drug Syndicate. – Any organized group of two (2) or
more persons forming or joining together with the intention
of committing any offense prescribed under this Act.
p) (p) Employee of Den, Dive or Resort. – The caretaker,
helper, watchman, lookout, and other persons working in
the den, dive or resort, employed by the maintainer, owner
and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or
without compensation, in connection with the operation
thereof.
q) (q) Financier. – Any person who pays for, raises or supplies
money for, or underwrites any of the illegal activities
prescribed under this Act.
r) (r) Illegal Trafficking. – The illegal cultivation, culture,
delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.
s) (s) Instrument. – Any thing that is used in or intended to be
used in any manner in the commission of illegal drug
trafficking or related offenses.
t) (t) Laboratory Equipment. – The paraphernalia, apparatus,
materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous
drug and/or controlled precursor and essential chemical,
such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
u) (u) Manufacture. – The production, preparation,
compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical, either
directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical
synthesis, and shall include any packaging or repackaging
of such substances, design or configuration of its form, or
labeling or relabeling of its container; except that such
terms do not include the preparation, compounding,
packaging or labeling of a drug or other substances by a
duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in
the course of his/her professional practice including
research, teaching and chemical analysis of dangerous
drugs or such substances that are not intended for sale or
for any other purpose.
v) (v) Cannabis or commonly known as "Marijuana" or "Indian
Hemp" or by its any other name. – Embraces every kind,
class, genus, or specie of the plant Cannabis sativa
L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab,
and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering, flowering
or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as
a reefer, resin, extract, tincture or in any form whatsoever.
w) Methylenedioxymethamphetamine (MDMA) or commonly
known as "Ecstasy", or by its any other name. – Refers to the
drug having such chemical composition, including any of
its isomers or derivatives in any form.
x) Methamphetamine Hydrochloride or commonly known as
"Shabu", "Ice", "Meth", or by its any other name. – Refers to
the drug having such chemical composition, including any
15
PCM 3 2021 Source: Jonathan Loreche ppt and notes
of its isomers or derivatives in any form.
y) Opium. – Refers to the coagulated juice of the opium
poppy (Papaver somniferum L.) and embraces every kind,
class and character of opium, whether crude or prepared;
the ashes or refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of
opium enters as an ingredient; opium poppy; opium poppy
straw; and leaves or wrappings of opium leaves, whether
prepared for use or not.
z) (z) Opium Poppy. – Refers to any part of the plant of the
species Papaver somniferum L., Papaver setigerum DC,
Papaver orientale, Papaver bracteatum and Papaver
rhoeas, which includes the seeds, straws, branches, leaves
or any part thereof, or substances derived therefrom, even
for floral, decorative and culinary purposes.
aa) (aa) PDEA. – Refers to the Philippine Drug Enforcement
Agency under Section 82, Article IX of this Act.
ab) (bb) Person. – Any entity, natural or juridical, including
among others, a corporation, partnership, trust or estate,
joint stock company, association, syndicate, joint venture
or other unincorporated organization or group capable of
acquiring rights or entering into obligations.
ac) (cc) Planting of Evidence. – The willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert
act, whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the person,
house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.
ad) (dd) Practitioner. – Any person who is a licensed physician,
dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
ae) (ee) Protector/Coddler. – Any person who knowingly and
willfully consents to the unlawful acts provided for in this
Act and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the escape of
any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this
Act in order to prevent the arrest, prosecution and
conviction of the violator.
af) (ff) Pusher. – Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
ag) (gg) School. – Any educational institution, private or public,
undertaking educational operation for pupils/students
pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.
ah) (hh) Screening Test. – A rapid test performed to establish
potential/presumptive positive result.
ai) (ii) Sell. – Any act of giving away any dangerous drug
and/or controlled precursor and essential chemical
whether for money or any other consideration.
aj) (jj) Trading. – Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but
not limited to, text messages, email, mobile or landlines,
two-way radios, internet, instant messengers and chat
rooms or acting as a broker in any of such transactions
whether for money or any other consideration in violation
of this Act.
ak) (kk) Use. – Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise
introducing into the physiological system of the body, and
of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
 The penalty of life imprisonment to death and a ranging
from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug, regardless of the
quantity and purity involved, including any and all species
of opium poppy or any part thereof or substances derived
therefrom even for floral, decorative and culinary
purposes.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall
import any controlled precursor and essential chemical.
 The maximum penalty provided for under this Section shall
be imposed upon any person, who, unless authorized
under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her
official status intended to facilitate the unlawful entry of
the same. In addition, the diplomatic passport shall be
confiscated and canceled.
 The maximum penalty provided for under this Section shall
be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities
prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous
drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act
as a broker in any of such transactions.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker in
such transactions.
 If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires
within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case.
 For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any
other capacity directly connected to the dangerous drugs
and/or controlled precursors and essential chemical trade,
the maximum penalty shall be imposed in every case.
 If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug
and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate
cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
 The maximum penalty provided for under this Section shall
be imposed upon any person who organizes, manages or
acts as a "financier" of any of the illegal activities
prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
16
PCM 3 2021 Source: Jonathan Loreche ppt and notes
thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort.
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon
any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold in
any form.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall maintain a
den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.
 The maximum penalty provided for under this Section shall
be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed
to use the same in such a place.
 Should any dangerous drug be the proximate cause of the
death of a person using the same in such den, dive or
resort, the penalty of death and a fine ranging from One
million (P1,000,000.00) to Fifteen million pesos (P500,000.00)
shall be imposed on the maintainer, owner and/or
operator.
 If such den, dive or resort is owned by a third person, the
same shall be confiscated and escheated in favor of the
government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in
the furtherance of the crime: Provided, further, That the
prosecution shall prove such intent on the part of the
owner to use the property for such purpose: Provided,
finally, That the owner shall be included as an accused in
the criminal complaint.
 The maximum penalty provided for under this Section shall
be imposed upon any person who organizes, manages or
acts as a "financier" of any of the illegal activities
prescribed in this Section.
 The penalty twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon:
 Any employee of a den, dive or resort, who is
aware of the nature of the place as such; and
 Any person who, not being included in the
provisions of the next preceding, paragraph, is
aware of the nature of the place as such and
shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
 The penalty of life imprisonment to death and a fine
ranging Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential
chemical.
 The presence of any controlled precursor and essential
chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
a) Any phase of the manufacturing process was
conducted in the presence or with the help of
minor/s:
b) Any phase or manufacturing process was
established or undertaken within one hundred
(100) meters of a residential, business, church or
school premises;
c) Any clandestine laboratory was secured or
protected with booby traps;
d) Any clandestine laboratory was concealed with
legitimate business operations; or
e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
 The maximum penalty provided for under this Section shall
be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities
prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors
and Essential Chemicals.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall
illegally divert any controlled precursor and essential
chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed
upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where
one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.
 The penalty of imprisonment ranging from six (6) months
and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject,
ingest, inhale or otherwise introduce into the human body
a dangerous drug in violation of this Act.
 The maximum penalty provided for under this Section shall
be imposed upon any person, who uses a minor or a
mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs.
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless
of the degree of purity thereof:
 10 grams or more of opium;
 10 grams or more of morphine;
 10 grams or more of heroin;
 10 grams or more of cocaine or cocaine
hydrochloride;
 50 grams or more of methamphetamine
hydrochloride or "shabu";
17
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 10 grams or more of marijuana resin or
marijuana resin oil;
 500 grams or more of marijuana; and
 10 grams or more of other dangerous drugs such
as, but not limited to,
methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their
derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
therapeutic requirements, as determined and
promulgated by the Board in accordance to
Section 93, Article XI of this Act.
 Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:
1. Life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than
fifty (50) grams;
2. Imprisonment of twenty (20) years and one (1)
day to life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if
the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of
opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without
having any therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or three hundred (300) grams or
more but less than five (hundred) 500) grams of
marijuana; and
3. Imprisonment of twelve (12) years and one (1)
day to twenty (20) years and a fine ranging
from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous
drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without
having any therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or less than three hundred (300)
grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs.
 The penalty of imprisonment ranging from six (6) months
and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who,
unless authorized by law, shall possess or have under
his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided,
That in the case of medical practitioners and various
professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the
necessary implementing guidelines thereof.
 The possession of such equipment, instrument, apparatus
and other paraphernalia fit or intended for any of the
purposes enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be presumed
to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
 Any person found possessing any dangerous drug during a
party, or at a social gathering or meeting, or in the
proximate company of at least two (2) persons, shall suffer
the maximum penalties provided for in Section 11 of this
Act, regardless of the quantity and purity of such
dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings.
 The maximum penalty provided for in Section 12 of this Act
shall be imposed upon any person, who shall possess or
have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during
parties, social gatherings or meetings, or in the proximate
company of at least two (2) persons.
Section 15. Use of Dangerous Drugs.
 A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum
of six (6) months rehabilitation in a government center for
the first offense, subject to the provisions of Article VIII of this
Act. If apprehended using any dangerous drug for the
second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from Fifty thousand
pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to have in
his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof.
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity,
which is or may hereafter be classified as a dangerous
drug or as a source from which any dangerous drug may
be manufactured or derived: Provided, That in the case of
medical laboratories and medical research centers which
cultivate or culture marijuana, opium poppy and other
plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of
new types of medicine, the Board shall prescribe the
necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal
of such plants and materials.
 The land or portions thereof and/or greenhouses on which
any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the
owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence
on his/her part. If the land involved is part of the public
domain, the maximum penalty provided for under this
Section shall be imposed upon the offender.
 The maximum penalty provided for under this Section shall
be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities
prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator
18
PCM 3 2021 Source: Jonathan Loreche ppt and notes
of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals.
 The penalty of imprisonment ranging from one (1) year and
one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the
maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled
precursor and essential chemical in accordance with
Section 40 of this Act.
 An additional penalty shall be imposed through the
revocation of the license to practice his/her profession, in
case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs.
 The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice
shall be imposed upon the practitioner, who shall prescribe
any dangerous drug to any person whose physical or
physiological condition does not require the use or in the
dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are
authorized representatives of professional organizations of
practitioners, particularly those who are involved in the
care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs.
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a
prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals.
 Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug
and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs including other laboratory equipment,
shall carry with it the confiscation and forfeiture, in favor of
the government, of all the proceeds and properties
derived from the unlawful act, including, but not limited to,
money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act
was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are
not of lawful commerce shall be ordered destroyed
without delay pursuant to the provisions of Section 21 of this
Act.
 After conviction in the Regional Trial Court in the
appropriate criminal case filed, the Court shall immediately
schedule a hearing for the confiscation and forfeiture of all
the proceeds of the offense and all the assets and
properties of the accused either owned or held by him or
in the name of some other persons if the same shall be
found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is
a vehicle, the same shall be auctioned off not later than
five (5) days upon order of confiscation or forfeiture.
 During the pendency of the case in the Regional Trial
Court, no property, or income derived therefrom, which
may be confiscated and forfeited, shall be disposed,
alienated or transferred and the same shall be in custodia
legis and no bond shall be admitted for the release of the
same.
 The proceeds of any sale or disposition of any property
confiscated or forfeited under this Section shall be used to
pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for
publication and court costs. The proceeds in excess of the
above expenses shall accrue to the Board to be used in its
campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment.
 The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper
disposition in the following manner:
 The apprehending team having initial custody
and control of the drugs shall, immediately after
seizure and confiscation, physically inventory
and photograph the same in the presence of
the accused or the person/s from whom such
items were confiscated and/or seized, or his/her
representative or counsel, a representative from
the media and the Department of Justice
(DOJ), and any elected public official who shall
be required to sign the copies of the inventory
and be given a copy thereof;
 Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
 A certification of the forensic laboratory
examination results, which shall be done under
oath by the forensic laboratory examiner, shall
be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That
when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled
precursors and essential chemicals does not
allow the completion of testing within the time
frame, a partial laboratory examination report
shall be provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided,
however, That a final certification shall be issued
on the completed forensic laboratory
examination on the same within the next
twenty-four (24) hours;
 After the filing of the criminal case, the Court
shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled
precursors and essential chemicals, including
the instruments/paraphernalia and/or
laboratory equipment, and through the PDEA
shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the
same, in the presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a representative from
the media and the DOJ, civil society groups and
any elected public official. The Board shall draw
up the guidelines on the manner of proper
disposition and destruction of such item/s which
shall be borne by the offender: Provided, That
those item/s of lawful commerce, as
determined by the Board, shall be donated,
19
PCM 3 2021 Source: Jonathan Loreche ppt and notes
used or recycled for legitimate
purposes: Provided, further, That a under this Act:
representative sample, duly weighed and
recorded is retained;
 The Board shall then issue a sworn certification
as to the fact of destruction or burning of the
subject item/s which, together with the
representative sample/s in the custody of the
PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a
minimum quantity as determined by the Board
 The alleged offender or his/her representative or
counsel shall be allowed to personally observe
all of the above proceedings and his/her
presence shall not constitute an admission of
guilt. In case the said offender or accused
refuses or fails to appoint a representative after
due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a
member of the public attorney's office to
represent the former;
 After the promulgation and judgment in the
criminal case wherein the representative
sample/s was presented as evidence in court,
the trial prosecutor shall inform the Board of the
final termination of the case and, in turn, shall
request the court for leave to turn over the said
representative sample/s to the PDEA for proper
disposition and destruction within twenty-four
(24) hours from receipt of the same; and
 Transitory Provision: a) Within twenty-four (24)
hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in
possession of law enforcement agencies shall,
with leave of court, be burned or destroyed, in
the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the
custody, disposition, and burning or destruction
of seized/surrendered dangerous drugs
provided under this Section shall be
implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award.
 The Board shall recommend to the concerned government
agency the grant of compensation, reward and award to
any person providing information and to law enforcers
participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous
drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals.
Section 23. Plea-Bargaining Provision.
 Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers.
 Any person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs.
 Notwithstanding the provisions of any law to the contrary,
a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of
a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable.
Section 26. Attempt or Conspiracy.
 Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided
a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
b) Sale, trading, administration, dispensation,
delivery, distribution and transportation of any
dangerous drug and/or controlled precursor
and essential chemical;
c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical;
and
e) Cultivation or culture of plants which are
sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment Including the Proceeds or Properties Obtained from
the Unlawful Act Committed.
 The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00), in addition to absolute
perpetual disqualification from any public office, shall be
imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this Act.
 Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall
be removed from office and perpetually disqualified from
holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries,
including government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and
Employees.
 The maximum penalties of the unlawful acts provided for in
this Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty
of such unlawful acts are government officials and
employees.
Section 29. Criminal Liability for Planting of Evidence.
 Any person who is found guilty of "planting" any dangerous
drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of
death.
Section 30. Criminal Liability of Officers of Partnerships,
Corporations, Associations or Other Juridical Entities.
 In case any violation of this Act is committed by a
partnership, corporation, association or any juridical entity,
the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly
tolerates such violation shall be held criminally liable as a
co-principal.
 The penalty provided for the offense under this Act shall be
imposed upon the partner, president, director, manager,
trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle,
vessel, aircraft, equipment or other facility, as an instrument
in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if
such vehicle, vessel, aircraft, equipment or other instrument
is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to
which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien.
20
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported
immediately without further proceedings, unless the
penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued
by the Board.
 The penalty of imprisonment ranging from six (6) months
and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found
violating any regulation duly issued by the Board pursuant
to this Act, in addition to the administrative sanctions
imposed by the Board.
Section 33. Immunity from Prosecution and Punishment.
 Notwithstanding the provisions of Section 17, Rule 119 of
the Revised Rules of Criminal Procedure and the provisions
of Republic Act No. 6981 or the Witness Protection, Security
and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections
4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts,
identities and arrest of all or any of the members thereof;
and who willingly testifies against such persons as
described above, shall be exempted from prosecution or
punishment for the offense with reference to which his/her
information of testimony were given, and may plead or
prove the giving of such information and testimony in bar
of such prosecution: Provided, That the following
conditions concur:
 The information and testimony are necessary for
the conviction of the persons described above;
 Such information and testimony are not yet in
the possession of the State;
 Such information and testimony can be
corroborated on its material points;
 the informant or witness has not been previously
convicted of a crime involving moral turpitude,
except when there is no other direct evidence
available for the State other than the
information and testimony of said informant or
witness; and
 The informant or witness shall strictly and
faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully
imposed by the State as further consideration
for the grant of immunity from prosecution and
punishment.
 Provided, further, That this immunity may be enjoyed by
such informant or witness who does not appear to be most
guilty for the offense with reference to which his/her
information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except
for the information and testimony of the said informant or
witness.
Section 34. Termination of the Grant of Immunity.
 The immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach should
it turn out subsequently that the information and/or
testimony is false, malicious or made only for the purpose
of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom
such information or testimony is directed against. In such
case, the informant or witness shall be subject to
prosecution and the enjoyment of all rights and benefits
previously accorded him under this Act or any other law,
decree or order shall be deemed terminated.
 In case an informant or witness under this Act fails or refuses
to testify without just cause, and when lawfully obliged to
do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her
immunity shall be removed and he/she shall likewise be
subject to contempt and/or criminal prosecution, as the
case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law,
decree or order shall be deemed terminated.
 In case the informant or witness referred to under this Act
falls under the applicability of this Section hereof, such
individual cannot avail of the provisions under Article VIII of
this Act.
Section 35. Accessory Penalties.
 A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the
rights of parental authority or guardianship, either as to the
person or property of any ward, the rights to dispose of
such property by any act or any conveyance inter vivos,
and political rights such as but not limited to, the right to
vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing.
 Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to
safeguard the quality of test results. The DOH shall take
steps in setting the price of the drug test with DOH
accredited drug testing centers to further reduce the cost
of such drug test. The drug testing shall employ, among
others, two (2) testing methods, the screening test which
will determine the positive result as well as the type of the
drug used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued by
accredited drug testing centers shall be valid for a one-
year period from the date of issue which may be used for
other purposes. The following shall be subjected to
undergo drug testing:
a) Applicants for driver's license. – No driver's
license shall be issued or renewed to any person
unless he/she presents a certification that
he/she has undergone a mandatory drug test
and indicating thereon that he/she is free from
the use of dangerous drugs;
b) Applicants for firearm's license and for permit to
carry firearms outside of residence. – All
applicants for firearm's license and permit to
carry firearms outside of residence shall undergo
a mandatory drug test to ensure that they are
free from the use of dangerous drugs: Provided,
That all persons who by the nature of their
profession carry firearms shall undergo drug
testing;
c) Students of secondary and tertiary schools. –
Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as
contained in the school's student handbook
and with notice to the parents, undergo a
random drug testing: Provided, That all drug
testing expenses whether in public or private
schools under this Section will be borne by the
government;
d) Officers and employees of public and private
offices. – Officers and employees of public and
private offices, whether domestic or overseas,
shall be subjected to undergo a random drug
test as contained in the company's work rules
and regulations, which shall be borne by the
employer, for purposes of reducing the risk in the
workplace. Any officer or employee found
positive for use of dangerous drugs shall be
dealt with administratively which shall be a
ground for suspension or termination, subject to
the provisions of Article 282 of the Labor Code
and pertinent provisions of the Civil Service Law;
e) Officers and members of the military, police and
other law enforcement agencies. – Officers and
members of the military, police and other law
enforcement agencies shall undergo an annual
mandatory drug test;
f) All persons charged before the prosecutor's
21
PCM 3 2021 Source: Jonathan Loreche ppt and notes
office with a criminal offense having an
imposable penalty of imprisonment of not less
than six (6) years and one (1) day shall have to
undergo a mandatory drug test; and
g) All candidates for public office whether
appointed or elected both in the national or
local government shall undergo a mandatory
drug test.
 In addition to the above stated penalties in this Section,
those found to be positive for dangerous drugs use shall be
subject to the provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results.
 Any person authorized, licensed or accredited under this
Act and its implementing rules to conduct drug
examination or test, who issues false or fraudulent drug test
results knowingly, willfully or through gross negligence, shall
suffer the penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00).
 An additional penalty shall be imposed through the
revocation of the license to practice his/her profession in
case of a practitioner, and the closure of the drug testing
center.
Section 38. Laboratory Examination or Test on
Apprehended/Arrested Offenders.
 Subject to Section 15 of this Act, any person apprehended
or arrested for violating the provisions of this Act shall be
subjected to screening laboratory examination or test
within twenty-four (24) hours, if the apprehending or
arresting officer has reasonable ground to believe that the
person apprehended or arrested, on account of physical
signs or symptoms or other visible or outward manifestation,
is under the influence of dangerous drugs. If found to be
positive, the results of the screening laboratory examination
or test shall be challenged within fifteen (15) days after
receipt of the result through a confirmatory test conducted
in any accredited analytical laboratory equipment with a
gas chromatograph/mass spectrometry equipment or
some such modern and accepted method, if confirmed
the same shall be prima facie evidence that such person
has used dangerous drugs, which is without prejudice for
the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test
must be confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and
Physicians.
 The DOH shall be tasked to license and accredit drug
testing centers in each province and city in order to assure
their capacity, competence, integrity and stability to
conduct the laboratory examinations and tests provided in
this Article, and appoint such technical and other
personnel as may be necessary for the effective
implementation of this provision. The DOH shall also
accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as
the after-care and follow-up program for the said drug
dependent. There shall be a control regulations, licensing
and accreditation division under the supervision of the
DOH for this purpose
 For this purpose, the DOH shall establish, operate and
maintain drug testing centers in government hospitals,
which must be provided at least with basic technologically
advanced equipment and materials, in order to conduct
the laboratory examination and tests herein provided, and
appoint such qualified and duly trained technical and
other personnel as may be necessary for the effective
implementation of this provision.
Section 40. Records Required for Transactions on Dangerous
Drug and Precursors and Essential Chemicals. –
a) Every pharmacist dealing in dangerous drugs and/or
controlled precursors and essential chemicals shall
maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating
therein the following information:
i. License number and address of the pharmacist;
ii. Name, address and license of the
manufacturer, importer or wholesaler from
whom the dangerous drugs have been
purchased
iii. Quantity and name of the dangerous drugs
purchased or acquired;
iv. Date of acquisition or purchase
v. Name, address and community tax certificate
number of the buyer
vi. Serial number of the prescription and the name
of the physician, dentist, veterinarian or
practitioner issuing the same
vii. Quantity and name of the dangerous drugs sold
or delivered; and
viii. Date of sale or delivery
A certified true copy of such record covering a period of six (6)
months, duly signed by the pharmacist or the owner of the
drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last
day of June and December of each year, with a copy thereof
furnished the city or municipal health officer concerned.
b) A physician, dentist, veterinarian or practitioner authorized
to prescribe any dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate copies.
The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year
from the date of sale or delivery of such drug. One (1)
copy shall be retained by the buyer or by the person to
whom the drug is delivered until such drug is consumed,
while the second copy shall be retained by the person
issuing the prescription
 For purposes of this Act, all prescriptions issued
by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively
issued by and obtainable from the DOH. Such
forms shall be made of a special kind of paper
and shall be distributed in such quantities and
contain such information and other data as the
DOH may, by rules and regulations, require.
Such forms shall only be issued by the DOH
through its authorized employees to licensed
physicians, dentists, veterinarians and
practitioners in such quantities as the Board may
authorize. In emergency cases, however, as the
Board may specify in the public interest, a
prescription need not be accomplished on such
forms. The prescribing physician, dentist,
veterinarian or practitioner shall, within three (3)
days after issuing such prescription, inform the
DOH of the same in writing. No prescription
once served by the drugstore or pharmacy be
reused nor any prescription once issued be
refilled
c) All manufacturers, wholesalers, distributors, importers,
dealers and retailers of dangerous drugs and/or controlled
precursors and essential chemicals shall keep a record of
all inventories, sales, purchases, acquisitions and deliveries
of the same as well as the names, addresses and licenses
of the persons from whom such items were purchased or
acquired or to whom such items were sold or delivered,
the name and quantity of the same and the date of the
transactions. Such records may be subjected anytime for
review by the Board
ARTICLE IV
Participation of the Family, Students, Teachers and School
Authorities in the Enforcement of this Act
Section 41. Involvement of the Family.
 The family being the basic unit of the Filipino society shall
be primarily responsible for the education and awareness
of the members of the family on the ill effects of dangerous
drugs and close monitoring of family members who may
be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations.
 All elementary, secondary and tertiary schools' student
councils and campus organizations shall include in their
22
PCM 3 2021 Source: Jonathan Loreche ppt and notes
activities a program for the prevention of and deterrence
in the use of dangerous drugs, and referral for treatment
and rehabilitation of students for drug dependence.
Section 43. School Curricula.
Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary curricula of
all public and private schools, whether general, technical,
vocational or agro-industrial as well as in non-formal, informal
and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs
on the person, the family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic
dimensions and implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug
dependent is needed, as well as the services available for the
treatment and rehabilitation of drug dependents; and
(5) Misconceptions about the use of dangerous drugs such as,
but not limited to, the importance and safety of dangerous
drugs for medical and therapeutic use as well as the
differentiation between medical patients and drug dependents
in order to avoid confusion and accidental stigmatization in the
consciousness of the students.
Section 44. Heads, Supervisors, and Teachers of Schools.
 For the purpose of enforcing the provisions of Article II of
this Act, all school heads, supervisors and teachers shall be
deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any
of the said provisions, pursuant to Section 5, Rule 113 of the
Rules of Court. They shall be deemed persons in authority if
they are in the school or within its immediate vicinity, or
even beyond such immediate vicinity if they are in
attendance at any school or class function in their official
capacity as school heads, supervisors, and teachers.
 Any teacher or school employee, who discovers or finds
that any person in the school or within its immediate vicinity
is liable for violating any of said provisions, shall have the
duty to report the same to the school head or immediate
superior who shall, in turn, report the matter to the proper
authorities.
 Failure to do so in either case, within a reasonable period
from the time of discovery of the violation shall, after due
hearing, constitute sufficient cause for disciplinary action
by the school authorities.
Section 45. Publication and Distribution of Materials on
Dangerous Drugs.
 With the assistance of the Board, the Secretary of the
Department of Education (DepEd), the Chairman of the
Commission on Higher Education (CHED) and the Director-
General of the Technical Education and Skills Development
Authority (TESDA) shall cause the development, publication
and distribution of information and support educational
materials on dangerous drugs to the students, the faculty,
the parents, and the community.
Section 46. Special Drug Education Center.
 With the assistance of the Board, the Department of the
Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare
and Development (DSWD) shall establish in each of its
provincial office a special education drug center for out-
of-school youth and street children. Such Center which
shall be headed by the Provincial Social. Welfare
Development Officer shall sponsor drug prevention
programs and activities and information campaigns with
the end in view of educating the out-of-school youth and
street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise
be adopted in all public and private orphanage and
existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the
Participation of Private and Labor Sectors and the Department
of Labor and Employment
Section 47. Drug-Free Workplace.
 It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance
of the Board, the Department of Labor and Employment
(DOLE) shall develop, promote and implement a national
drug abuse prevention program in the workplace to be
adopted by private companies with ten (10) or more
employees. Such program shall include the mandatory
drafting and adoption of company policies against drug
use in the workplace in close consultation and
coordination with the DOLE, labor and employer
organizations, human resource development managers
and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace
Program.
 The Board and the DOLE shall formulate the necessary
guidelines for the implementation of the national drug-free
workplace program. The amount necessary for the
implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the
Enforcement of this Act
Section 49. Labor Organizations and the Private Sector.
 All labor unions, federations, associations, or organizations
in cooperation with the respective private sector partners
shall include in their collective bargaining or any similar
agreements, joint continuing programs and information
campaigns for the laborers similar to the programs
provided under Section 47 of this Act with the end in view
of achieving a drug free workplace.
Section 50. Government Assistance.
 The labor sector and the respective partners may, in pursuit
of the programs mentioned in the preceding Section,
secure the technical assistance, such as but not limited to,
seminars and information dissemination campaigns of the
appropriate government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance.
 Local government units shall appropriate a substantial
portion of their respective annual budgets to assist in or
enhance the enforcement of this Act giving priority to
preventive or educational programs and the rehabilitation
or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances.
 Any place or premises which have been used on two or
more occasions as the site of the unlawful sale or delivery
of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to
the following procedures:
1. Any city or municipality may, by ordinance,
create an administrative board to hear
complaints regarding the nuisances;
2. any employee, officer, or resident of the city or
municipality may bring a complaint before the
Board after giving not less than three (3) days
written notice of such complaint to the owner of
the place or premises at his/her last known
address; and
3. After hearing in which the Board may consider
any evidence, including evidence of the
general reputation of the place or premises,
and at which the owner of the premises shall
have an opportunity to present evidence in
his/her defense, the Board may declare the
place or premises to be a public nuisance.
Section 53. Effect of Board Declaration.
 If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting
the conduct, operation, or maintenance of any business or
activity on the premises which is conducive to such
nuisance.
 An order entered under this Section shall expire after one
(1) year or at such earlier time as stated in the order. The
Board may bring a complaint seeking a permanent
injunction against any nuisance described under this
Section.
23
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 This Article does not restrict the right of any person to
proceed under the Civil Code against any public
nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation.
 A drug dependent or any person who violates Section 15
of this Act may, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation
of the drug dependency. Upon such application, the
Board shall bring forth the matter to the Court which shall
order that the applicant be examined for drug
dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by
the Court to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not less
than six (6) months: Provided, That a drug dependent may
be placed under the care of a DOH-accredited physician
where there is no Center near or accessible to the
residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a
first-time offender and non-confinement in a Center will not
pose a serious danger to his/her family or the community.
 Confinement in a Center for treatment and rehabilitation
shall not exceed one (1) year, after which time the Court,
as well as the Board, shall be apprised by the head of the
treatment and rehabilitation center of the status of said
drug dependent and determine whether further
confinement will be for the welfare of the drug dependent
and his/her family or the community.
Section 55. Exemption from the Criminal Liability Under the
Voluntary Submission Program.
 A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall
be exempt from the criminal liability under Section 15 of this
act subject to the following conditions:
1. He/she has complied with the rules and
regulations of the center, the applicable rules
and regulations of the Board, including the
after-care and follow-up program for at least
eighteen (18) months following temporary
discharge from confinement in the Center or, in
the case of a dependent placed under the
care of the DOH-accredited physician, the
after-care program and follow-up schedule
formulated by the DSWD and approved by the
Board: Provided, That capability-building of
local government social workers shall be
undertaken by the DSWD
2. He/she has never been charged or convicted
of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act
No. 6425, as amended; the Revised Penal
Code, as amended; or any special penal laws;
3. He/she has no record of escape from a
Center: Provided, That had he/she escaped,
he/she surrendered by himself/herself or through
his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or
affinity, within one (1) week from the date of the
said escape; and
4. He/she poses no serious danger to
himself/herself, his/her family or the community
by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and
Follow-Up Treatment Under the Voluntary Submission Program.
 Upon certification of the Center that the drug dependent
within the voluntary submission program may be
temporarily released, the Court shall order his/her release
on condition that said drug dependent shall report to the
DOH for after-care and follow-up treatment, including
urine testing, for a period not exceeding eighteen (18)
months under such terms and conditions that the Court
may impose.
 If during the period of after-care and follow-up, the drug
dependent is certified to be rehabilitated, he/she may be
discharged by the Court, subject to the provisions of
Section 55 of this Act, without prejudice to the outcome of
any pending case filed in court.
 However, should the DOH find that during the initial after-
care and follow-up program of eighteen (18) months, the
drug dependent requires further treatment and
rehabilitation in the Center, he/she shall be recommitted to
the Center for confinement. Thereafter, he/she may again
be certified for temporary release and ordered released
for another after-care and follow-up program pursuant to
this Section.
Section 57. Probation and Community Service Under the
Voluntary Submission Program.
 A drug dependent who is discharged as rehabilitated by
the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption
from criminal liability under Section 55 of this Act, may be
charged under the provisions of this Act, but shall be
placed on probation and undergo a community service in
lieu of imprisonment and/or fine in the discretion of the
court, without prejudice to the outcome of any pending
case filed in court.
 Such drug dependent shall undergo community service as
part of his/her after-care and follow-up program, which
may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the
recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is
Not Rehabilitated Under the Voluntary Submission Program.
 A drug dependent, who is not rehabilitated after the
second commitment to the Center under the voluntary
submission program, shall, upon recommendation of the
Board, be charged for violation of Section 15 of this Act
and prosecuted like any other offender. If convicted,
he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her
sentence.
Section 59. Escape and Recommitment for Confinement and
Rehabilitation Under the Voluntary Submission Program.
 Should a drug dependent under the voluntary submission
program escape from the Center, he/she may submit
himself/herself for recommitment within one (1) week
therefrom, or his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity may,
within said period, surrender him for recommitment, in
which case the corresponding order shall be issued by the
Board.
 Should the escapee fail to submit himself/herself or be
surrendered after one (1) week, the Board shall apply to
the court for a recommitment order upon proof of previous
commitment or his/her voluntary submission by the Board,
the court may issue an order for recommitment within one
(1) week.
 If, subsequent to a recommitment, the dependent once
again escapes from confinement, he/she shall be charged
for violation of Section 15 of this Act and he subjected
under section 61 of this Act, either upon order of the Board
or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary
Submission Program.
 Judicial and medical records of drug dependents under
the voluntary submission program shall be confidential and
shall not be used against him for any purpose, except to
determine how many times, by himself/herself or through
his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, he/she
voluntarily submitted himself/herself for confinement,
treatment and rehabilitation or has been committed to a
Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who
Refuses to Apply Under the Voluntary Submission Program.
 Notwithstanding any law, rule and regulation to the
24
PCM 3 2021 Source: Jonathan Loreche ppt and notes
contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the
Board or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.
 A petition for the confinement of a person alleged to be
dependent on dangerous drugs to a Center may be filed
by any person authorized by the Board with the Regional
Trial Court of the province or city where such person is
found.
 After the petition is filed, the court, by an order, shall
immediately fix a date for the hearing, and a copy of such
order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having
charge of him.
 If after such hearing and the facts so warrant, the court
shall order the drug dependent to be examined by two (2)
physicians accredited by the Board. If both physicians
conclude that the respondent is not a drug dependent,
the court shall order his/her discharge. If either physician
finds him to be a dependent, the court shall conduct a
hearing and consider all relevant evidence which may be
offered. If the court finds him a drug dependent, it shall
issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In
any event, the order of discharge or order of confinement
or commitment shall be issued not later than fifteen (15)
days from the filing of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent
Charged with an Offense to Treatment and Rehabilitation.
 If a person charged with an offense where the imposable
penalty is imprisonment of less than six (6) years and one
(1) day, and is found by the prosecutor or by the court, at
any stage of the proceedings, to be a drug dependent,
the prosecutor or the court as the case may be, shall
suspend all further proceedings and transmit copies of the
record of the case to the Board.
 In the event he Board determines, after medical
examination, that public interest requires that such drug
dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his/her commitment
with the regional trial court of the province or city where
he/she is being investigated or tried: Provided, That where
a criminal case is pending in court, such petition shall be
filed in the said court. The court shall take judicial notice of
the prior proceedings in the case and shall proceed to
hear the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a Center
for treatment and rehabilitation. The head of said Center
shall submit to the court every four (4) months, or as often
as the court may require, a written report on the progress
of the treatment. If the dependent is rehabilitated, as
certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her
discharge therefrom.
 Thereafter, his/her prosecution for any offense punishable
by law shall be instituted or shall continue, as the case may
be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that
he/she shall be given full credit for the period he/she was
confined in the Center: Provided, however, That when the
offense is for violation of Section 15 of this Act and the
accused is not a recidivist, the penalty thereof shall be
deemed to have been served in the Center upon his/her
release therefrom after certification by the Center and the
Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug
Dependent Under the Compulsory Submission Program.
 The period of prescription of the offense charged against a
drug dependent under the compulsory submission
program shall not run during the time that the drug
dependent is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved
by the Board.
 Upon certification of the Center that he/she may
temporarily be discharged from the said Center, the court
shall order his/her release on condition that he/she shall
report to the Board through the DOH for after-care and
follow-up treatment for a period not exceeding eighteen
(18) months under such terms and conditions as may be
imposed by the Board.
 If at anytime during the after-care and follow-up period,
the Board certifies to his/her complete rehabilitation, the
court shall order his/her final discharge from confinement
and order for the immediate resumption of the trial of the
case for which he/she is originally charged. Should the
Board through the DOH find at anytime during the after-
care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court,
which shall order his/her recommitment to the Center.
 Should the drug dependent, having been committed to a
Center upon petition by the Board escape therefrom,
he/she may resubmit himself/herself for confinement within
one (1) week from the date of his/her escape; or his/her
parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within the same
period, surrender him for recommitment. If, however, the
drug dependent does not resubmit himself/herself for
confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the
issuance of the recommitment order. Upon proof of
previous commitment, the court shall issue an order for
recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any dangerous
drug.
 A drug dependent committed under this particular Section
who is finally discharged from confinement shall be exempt
from criminal liability under Section 15 of this Act, without
prejudice to the outcome of any pending case filed in
court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center
shall, upon conviction by the appropriate court, suffer the
same penalties provided for under Section 15 of this Act
again without prejudice to the outcome of any pending
case filed in court.
Section 64. Confidentiality of Records Under the Compulsory
Submission Program.
 The records of a drug dependent who was rehabilitated
and discharged from the Center under the compulsory
submission program, or who was charged for violation of
Section 15 of this Act, shall be covered by Section 60 of this
Act. However, the records of a drug dependent who was
not rehabilitated, or who escaped but did not surrender
himself/herself within the prescribed period, shall be
forwarded to the court and their use shall be determined
by the court, taking into consideration public interest and
the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings.
 It shall be the duty of the provincial or the city prosecutor
or their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor
Offender.
 An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section
11 of this Act, but not more than eighteen (18) years of age
at the time when judgment should have been
promulgated after having been found guilty of said
offense, may be given the benefits of a suspended
sentence, subject to the following conditions:
 He/she has not been previously convicted of
violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or
of the Revised Penal Code; or of any special
penal laws;
 He/she has not been previously committed to a
Center or to the care of a DOH-accredited
physician; and
 The Board favorably recommends that his/her
sentence be suspended.
25
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 While under suspended sentence, he/she shall be under
the supervision and rehabilitative surveillance of the Board,
under such conditions that the court may impose for a
period ranging from six (6) months to eighteen (18) months.
 Upon recommendation of the Board, the court may
commit the accused under suspended sentence to a
Center, or to the care of a DOH-accredited physician for
at least six (6) months, with after-care and follow-up
program for not more than eighteen (18) months.
 In the case of minors under fifteen (15) years of age at the
time of the commission of any offense penalized under this
Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended
by Presidential Decree No. 1179 shall apply, without
prejudice to the application of the provisions of this
Section.
Section 67. Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender.
 If the accused first time minor offender under suspended
sentence complies with the applicable rules and
regulations of the Board, including confinement in a
Center, the court, upon a favorable recommendation of
the Board for the final discharge of the accused, shall
discharge the accused and dismiss all proceedings.
 Upon the dismissal of the proceedings against the
accused, the court shall enter an order to expunge all
official records, other than the confidential record to be
retained by the DOJ relating to the case. Such an order,
which shall be kept confidential, shall restore the accused
to his/her status prior to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in
response to any inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of
Only Once by a First-Time Minor Offender.
 The privilege of suspended sentence shall be availed of
only once by an accused drug dependent who is a first-
time offender over fifteen (15) years of age at the time of
the commission of the violation of Section 15 of this Act but
not more than eighteen (18) years of age at the time when
judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor
Offender.
 If the accused first-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable
rules and regulations of the Board exercising supervision
and rehabilitative surveillance over him, including the rules
and regulations of the Center should confinement be
required, the court shall pronounce judgment of conviction
and he/she shall serve sentence as any other convicted
person.
Section 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment.
 Upon promulgation of the sentence, the court may, in its
discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that
provided under existing law on probation, or impose
community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance
shall be undertaken by the Board through the DOH in
coordination with the Board of Pardons and Parole and the
Probation Administration. Upon compliance with the
conditions of the probation, the Board shall submit a
written report to the court recommending termination of
probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
 The community service shall be complied with under
conditions, time and place as may be determined by the
court in its discretion and upon the recommendation of the
Board and shall apply only to violators of Section 15 of this
Act. The completion of the community service shall be
under the supervision and rehabilitative surveillance of the
Board during the period required by the court. Thereafter,
the Board shall render a report on the manner of
compliance of said community service. The court in its
discretion may require extension of the community service
or order a final discharge.
 In both cases, the judicial records shall be covered by the
provisions of Sections 60 and 64 of this Act.
 If the sentence promulgated by the court requires
imprisonment, the period spent in the Center by the
accused during the suspended sentence period shall be
deducted from the sentence to be served.
Section 71. Records to be kept by the Department of Justice.
 The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and shall not be
used for any purpose other than to determine whether or
not a person accused under this Act is a first-time minor
offender.
Section 72. Liability of a Person Who Violates the Confidentiality
of Records.
 The penalty of imprisonment ranging from six (6) months
and one (1) day to six (6) years and a fine ranging from
One thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who, having
official custody of or access to the confidential records of
any drug dependent under voluntary submission programs,
or anyone who, having gained possession of said records,
whether lawfully or not, reveals their content to any person
other than those charged with the prosecution of the
offenses under this Act and its implementation. The
maximum penalty shall be imposed, in addition to absolute
perpetual disqualification from any public office, when the
offender is a government official or employee. Should the
records be used for unlawful purposes, such as blackmail
of the drug dependent or the members of his/her family,
the penalty imposed for the crime of violation of
confidentiality shall be in addition to whatever crime
he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses
to Cooperate with the Board or any Concerned Agency.
 Any parent, spouse or guardian who, without valid reason,
refuses to cooperate with the Board or any concerned
agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or
delays the after-care, follow-up or other programs for the
welfare of the accused drug dependent, whether under
voluntary submission program or compulsory submission
program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a
Drug Dependent.
 The parent, spouse, guardian or any relative within the
fourth degree of consanguinity of any person who is
confined under the voluntary submission program or
compulsory submission program shall be charged a certain
percentage of the cost of his/her treatment and
rehabilitation, the guidelines of which shall be formulated
by the DSWD taking into consideration the economic
status of the family of the person confined. The guidelines
therein formulated shall be implemented by a social
worker of the local government unit.
Section 75. Treatment and Rehabilitation Centers.
 The existing treatment and rehabilitation centers for drug
dependents operated and maintained by the NBI and the
PNP shall be operated, maintained and managed by the
DOH in coordination with other concerned agencies. For
the purpose of enlarging the network of centers, the Board
through the DOH shall encourage, promote or whenever
feasible, assist or support in the establishment, operations
and maintenance of private centers which shall be eligible
to receive grants, donations or subsidy from either
government or private sources. It shall also support the
establishment of government-operated regional treatment
and rehabilitation centers depending upon the availability
of funds. The national government, through its appropriate
agencies shall give priority funding for the increase of
subsidy to existing government drug rehabilitation centers,
and shall establish at least one (1) drug rehabilitation
center in each province, depending on the availability of
funds.
Section 76. The Duties and Responsibilities of the Department of
26
PCM 3 2021 Source: Jonathan Loreche ppt and notes
health (DOH) Under this Act. –
The DOH shall:
(1) Oversee the monitor the integration, coordination and
supervision of all drug rehabilitation, intervention, after-care and
follow-up programs, projects and activities as well as the
establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and drug
testing networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network
and laboratory, initiate, conduct and support scientific research
on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate
rules and regulations setting minimum standards for their
accreditation to assure their competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing
the establishment of such Centers as it may deem necessary
after conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution
of those found guilty of violating this Act, order the closure of a
Center for treatment and rehabilitation of drug dependency
when, after investigation it is found guilty of violating the
provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations,
other medical and legal services provided to the public, which
shall accrue to the Board. All income derived from these sources
shall be part of the funds constituted as special funds for the
implementation of this Act under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement
Agency
Section 77. The Dangerous Drugs Board.
 The Board shall be the policy-making and strategy-
formulating body in the planning and formulation of
policies and programs on drug prevention and control. It
shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and
control strategy. It shall be under the Office of the
President
Section 78. Composition of the Board.
The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other
twelve (12) members shall be in an ex officio capacity and the
two (2) shall be regular members.
The three (3) permanent members, who shall possess at least
seven-year training and experience in the field of dangerous
drugs and in any of the following fields: in law, medicine,
criminology, psychology or social work, shall be appointed by
the President of the Philippines. The President shall designate a
Chairman, who shall have the rank of a secretary from among
the three (3) permanent members who shall serve for six (6)
years. Of the two (2) other members, who shall both have the
rank of undersecretary, one (1) shall serve for four (4) years and
the other for two (2) years. Thereafter, the persons appointed to
succeed such members shall hold office for a term of six (6)
years and until their successors shall have been duly appointed
and qualified.
The other twelve (12) members who shall be ex officio members
of the Board are the following:
(1) Secretary of the Department of Justice or his/her
representative;
(2) Secretary of the Department of Health or his/her
representative;
(3) Secretary of the Department of National Defense or his/her
representative;
(4) Secretary of the Department of Finance or his/her
representative;
(5) Secretary of the Department of Labor and Employment or
his/her representative;
(6) Secretary of the Department of the Interior and Local
Government or his/her representative;
(7) Secretary of the Department of Social Welfare and
Development or his/her representative;
(8) Secretary of the Department of Foreign Affairs or his/her
representative;
(9) Secretary of the Department of Education or his/her
representative;
(10) Chairman of the Commission on Higher Education or his/her
representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement
Agency.
Cabinet secretaries who are members of the Board may
designate their duly authorized and permanent representatives
whose ranks shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization
involved in dangerous drug campaign to be appointed by the
President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the
permanent consultants of the Board, and shall attend all the
meetings of the Board.
All members of the Board as well as its permanent consultants
shall receive a per diem for every meeting actually attended
subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where
the representative of an ex officio member or of the permanent
consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.
Section 79. Meetings of the Board. – The Board shall meet once
a week or as often as necessary at the discretion of the
Chairman or at the call of any four (4) other members. The
presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board.
 The Board shall recommend to the President of the
Philippines the appointment of an Executive Director, with
the rank of an undersecretary, who shall be the Secretary
of the Board and administrative officer of its secretariat,
and shall perform such other duties that may be assigned
to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs,
and in any of the following fields: law enforcement, law,
medicine, criminology, psychology or social work.
 Two deputies executive director, for administration and
operations, with the ranks of assistant secretary, shall be
appointed by the President upon recommendation of the
Board. They shall possess the same qualifications as those
of the executive director. They shall receive a salary
corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer.
 The existing secretariat of the Board shall be under the
administrative control and supervision of the Executive
Director. It shall be composed of the following divisions,
namely: Policy Studies, Research and Statistics; Preventive
Education, Training and Information; Legal Affairs; and the
Administrative and Financial Management.
Section 81. Powers and Duties of the Board. – The Board shall:
a. (a) Formulate, develop and establish a comprehensive,
integrated, unified and balanced national drug use
prevention and control strategy;
b. (b) Promulgate such rules and regulations as may be
necessary to carry out the purposes of this Act, including
the manner of safekeeping, disposition, burning or
condemnation of any dangerous drug and/or controlled
precursor and essential chemical under its charge and
custody, and prescribe administrative remedies or
sanctions for the violations of such rules and regulations;
c. (c) Conduct policy studies, program monitoring and
evaluations and other researches on drug prevention,
control and enforcement;
d. (d) Initiate, conduct and support scientific, clinical, social,
psychological, physical and biological researches on
dangerous drugs and dangerous drugs prevention and
control measures;
e. (e) Develop an educational program and information
drive on the hazards and prevention of illegal use of any
dangerous drug and/or controlled precursor and essential
chemical based on factual data, and disseminate the
same to the general public, for which purpose the Board
shall endeavor to make the general public aware of the
hazards of any dangerous drugs and/or controlled
27
PCM 3 2021 Source: Jonathan Loreche ppt and notes
precursor and essential chemical by providing among
others, literature, films, displays or advertisements and by
coordinating with all institutions of learning as well as with
all national and local enforcement agencies in planning
and conducting its educational campaign programs to be
implemented by the appropriate government agencies;
f. (f) Conduct continuing seminars for, and consultations
with, and provide information materials to judges and
prosecutors in coordination with the Office of the Court
Administrator, in the case of judges, and the DOJ, in the
case of prosecutors, which aim to provide them with the
current developments and programs of the Board
pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention
and control measures;
g. (g) Design special trainings in order to provide law
enforcement officers, members of the judiciary, and
prosecutors, school authorities and personnel of centers
with knowledge and know-how in dangerous drugs and/or
controlled precursors and essential chemicals control in
coordination with the Supreme Court to meet the
objectives of the national drug control programs;
h. (h) Design and develop, in consultation and coordination
with the DOH, DSWD and other agencies involved in drugs
control, treatment and rehabilitation, both public and
private, a national treatment and rehabilitation program
for drug dependents including a standard aftercare and
community service program for recovering drug
dependents;
i. (i) Design and develop, jointly with the DOLE and in
consultation with labor and employer groups as well as
nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision
for employee assistance programs for emotionally-stressed
employees;
j. (j) Initiate and authorize closure proceedings against non-
accredited and/or substandard rehabilitation centers
based on verified reports of human rights violations,
subhuman conditions, inadequate medical training and
assistance and excessive fees for implementation by the
PDEA;
k. (k) Prescribe and promulgate rules and regulations
governing the establishment of such centers, networks and
laboratories as deemed necessary after conducting a
feasibility study in coordination with the DOH and other
government agencies;
l. (l) Receive, gather, collect and evaluate all information on
the importation, exportation, production, manufacture,
sale, stocks, seizures of and the estimated need for any
dangerous drug and/or controlled precursor and essential
chemical, for which purpose the Board may require from
any official, instrumentality or agency of the government
or any private person or enterprise dealing in, or engaged
in activities having to do with any dangerous drug and/or
controlled precursors and essential chemicals such data or
information as it may need to implement this Act;
m. (m) Gather and prepare detailed statistics on the
importation, exportation, manufacture, stocks, seizures of
and estimates need for any dangerous drug and/or
controlled precursors and essential chemicals and such
other statistical data on said drugs as may be periodically
required by the United Nations Narcotics Drug Commission,
the World Health Organization and other international
organizations in consonance with the country's
international commitments;
n. (n) Develop and maintain international networking
coordination with international drug control agencies and
organizations, and implement the provisions of
international conventions and agreements thereon which
have been adopted and approved by the Congress of the
Philippines;
o. (o) Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report
to it, in coordination with the PDEA, about all dangerous
drugs and/or controlled precursors and essential
chemicals-related cases to which they have attended for
statistics and research purposes;
p. (p) Receive in trust legacies, gifts and donations of real
and personal properties of all kinds, to administer and
dispose the same when necessary for the benefit of
government and private rehabilitation centers subject to
limitations, directions and instructions from the donors, if
any;
q. (q) Issue guidelines as to the approval or disapproval of
applications for voluntary treatment, rehabilitation or
confinement, wherein it shall issue the necessary
guidelines, rules and regulations pertaining to the
application and its enforcement;
r. (r) Formulate guidelines, in coordination with other
government agencies, the importation, distribution,
production, manufacture, compounding, prescription,
dispensing and sale of, and other lawful acts in connection
with any dangerous drug, controlled precursors and
essential chemicals and other similar or analogous
substances of such kind and in such quantity as it may
deem necessary according to the medical and research
needs or requirements of the country including diet pills
containing ephedrine and other addictive chemicals and
determine the quantity and/or quality of dangerous drugs
and controlled precursors and essential chemicals to be
imported, manufactured and held in stock at any given
time by authorized importer, manufacturer or distributor of
such drugs;
s. (s) Develop the utilization of a controlled delivery scheme
in addressing the transshipment of dangerous drugs into
and out of the country to neutralize transnational crime
syndicates involved in illegal trafficking of any dangerous
drugs and/or controlled precursors and essential
chemicals;
t. (t) Recommend the revocation of the professional license
of any practitioner who is an owner, co-owner, lessee, or in
the employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity
owning and/or controlling such drug establishment, and
who knowingly participates in, or consents to, tolerates, or
abets the commission of the act of violations as indicated
in the preceding paragraph, all without prejudice to the
criminal prosecution of the person responsible for the said
violation;
u. (u) Appoint such technical, administrative and other
personnel as may be necessary for the effective
implementation of this Act, subject to the Civil Service Law
and its rules and regulations;
v. (v) Establish a regular and continuing consultation with
concerned government agencies and medical
professional organizations to determine if balance exists in
policies, procedures, rules and regulations on dangerous
drugs and to provide recommendations on how the lawful
use of dangerous drugs can be improved and facilitated;
and
w. (w) Submit an annual and periodic reports to the President,
the Congress of the Philippines and the Senate and House
of Representatives committees concerned as may be
required from time to time, and perform such other
functions as may be authorized or required under existing
laws and as directed by the President himself/herself or as
recommended by the congressional committees
concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency
(PDEA).
 To carry out the provisions of this Act, the PDEA, which
serves as the implementing arm of the Board, and shall be
responsible for the efficient and effective law enforcement
of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in
this Act.
 The PDEA shall be headed by a Director General with the
rank of Undersecretary, who shall be responsible for the
general administration and management of the Agency.
The Director General of the PDEA shall be appointed by
the President of the Philippines and shall perform such
other duties that may be assigned to him/her. He/she must
28
PCM 3 2021 Source: Jonathan Loreche ppt and notes
possess adequate knowledge, training and experience in
the field of dangerous drugs, and in any of the following
fields: law enforcement, law, medicine, criminology,
psychology or social work.
 The Director General of the PDEA shall be assisted in the
performance of his/her duties and responsibilities by two (2)
deputies director general with the rank of Assistant
Secretary; one for Operations and the other one for
Administration. The two (2) deputies director general shall
likewise be appointed by the President of the Philippines
upon recommendation of the Board. The two (2) deputies
director general shall possess the same qualifications as
those of the Director General of the PDEA. The Director
General and the two (2) deputies director general shall
receive the compensation and salaries as prescribed by
law.
Section 83. Organization of the PDEA.
 The present Secretariat of the National Drug Law
Enforcement and Prevention Coordinating Center as
created by Executive Order No. 61 shall be accordingly
modified and absorbed by the PDEA.
 The Director General of the PDEA shall be responsible for
the necessary changes in the organizational set-up which
shall be submitted to the Board for approval.
 For purposes of carrying out its duties and powers as
provided for in the succeeding Section of this Act, the
PDEA shall have the following Services, namely:
Intelligence and Investigation; International Cooperation
and Foreign Affairs; Preventive Education and Community
Involvement; Plans and Operations; Compliance; Legal
and Prosecution; Administrative and Human Resource;
Financial Management; Logistics Management; and
Internal Affairs.
 The PDEA shall establish and maintain regional offices in
the different regions of the country which shall be
responsible for the implementation of this Act and the
policies, programs, and projects of said agency in their
respective regions.
Section 84. Powers and Duties of the PDEA. – The PDEA shall:
a) (a) Implement or cause the efficient and effective
implementation of the national drug control strategy
formulated by the Board thereby carrying out a national
drug campaign program which shall include drug law
enforcement, control and prevention campaign with the
assistance of concerned government agencies;
b) (b) Undertake the enforcement of the provisions of Article II
of this Act relative to the unlawful acts and penalties
involving any dangerous drug and/or controlled precursor
and essential chemical and investigate all violators and
other matters involved in the commission of any crime
relative to the use, abuse or trafficking of any dangerous
drug and/or controlled precursor and essential chemical
as provided for in this Act and the provisions of Presidential
Decree No. 1619;
c) (c) Administer oath, issue subpoena and subpoena duces
tecum relative to the conduct of investigation involving the
violations of this Act;
d) (d) Arrest and apprehend as well as search all violators
and seize or confiscate, the effects or proceeds of the
crimes as provided by law and take custody thereof, for
this purpose the prosecutors and enforcement agents are
authorized to possess firearms, in accordance with existing
laws;
e) (e) Take charge and have custody of all dangerous drugs
and/or controlled precursors and essential chemicals
seized, confiscated or surrendered to any national,
provincial or local law enforcement agency, if no longer
needed for purposes of evidence in court;
f) (f) Establish forensic laboratories in each PNP office in every
province and city in order to facilitate action on seize or
confiscated drugs, thereby hastening its destruction
without delay;
g) (g) Recommend to the DOJ the forfeiture of properties and
other assets of persons and/or corporations found to be
violating the provisions of this Act and in accordance with
the pertinent provisions of the Anti-Money-Laundering Act
of 2001;
h) (h) Prepare for prosecution or cause the filing of
appropriate criminal and civil cases for violation of all laws
on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and
assist, support and coordinate with other government
agencies for the proper and effective prosecution of the
same;
i) (i) Monitor and if warranted by circumstances, in
coordination with the Philippine Postal Office and the
Bureau of Customs, inspect all air cargo packages, parcels
and mails in the central post office, which appear from the
package and address itself to be a possible importation of
dangerous drugs and/or controlled precursors and
essential chemicals, through on-line or cyber shops via the
internet or cyberspace;
j) (j) Conduct eradication programs to destroy wild or illegal
growth of plants from which dangerous drugs may be
extracted;
k) (k) Initiate and undertake the formation of a nationwide
organization which shall coordinate and supervise all
activities against drug abuse in every province, city,
municipality and barangay with the active and direct
participation of all such local government units and
nongovernmental organizations, including the citizenry,
subject to the provisions of previously formulated programs
of action against dangerous drugs;
l) (l) Establish and maintain a national drug intelligence
system in cooperation with law enforcement agencies,
other government agencies/offices and local government
units that will assist in its apprehension of big-time drug
lords;
m) (m) Establish and maintain close coordination,
cooperation and linkages with international drug control
and administration agencies and organizations, and
implement the applicable provisions of international
conventions and agreements related to dangerous drugs
to which the Philippines is a signatory;
n) (n) Create and maintain an efficient special enforcement
unit to conduct an investigation, file charges and transmit
evidence to the proper court, wherein members of the
said unit shall possess suitable and adequate firearms for
their protection in connection with the performance of
their duties: Provided, That no previous special permit for
such possession shall be required;
o) (o) Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report
to it, in coordination with the Board, about all dangerous
drugs and/or controlled precursors and essential chemicals
which they have attended to for data and information
purposes;
p) (p) Coordinate with the Board for the facilitation of the
issuance of necessary guidelines, rules and regulations for
the proper implementation of this Act;
q) (q) Initiate and undertake a national campaign for drug
prevention and drug control programs, where it may enlist
the assistance of any department, bureau, office, agency
or instrumentality of the government, including
government-owned and or –controlled corporations, in the
anti-illegal drugs drive, which may include the use of their
respective personnel, facilities, and resources for a more
resolute detection and investigation of drug-related crimes
and prosecution of the drug traffickers; and
r) (r) Submit an annual and periodic reports to the Board as
may be required from time to time, and perform such other
functions as may be authorized or required under existing
laws and as directed by the President himself/herself or as
recommended by the congressional committees
concerned.
Section 85. The PDEA Academy.
 Upon the approval of the Board, the PDEA Academy shall
be established either in Baguio or Tagaytay City, and in
such other places as may be necessary. The PDEA
Academy shall be responsible in the recruitment and
training of all PDEA agents and personnel. The Board shall
provide for the qualifications and requirements of its
29
PCM 3 2021 Source: Jonathan Loreche ppt and notes
recruits who must be at least twenty-one (21) years old, of
proven integrity and honesty and a Baccalaureate degree
holder.
 The graduates of the Academy shall later comprise the
operating units of the PDEA after the termination of the
transition period of five (5) years during which all the
intelligence network and standard operating procedures
of the PDEA has been set up and operationalized.
 The Academy shall be headed by a Superintendent, with
the rank of Director. He/she shall be appointed by the
PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating
Units on Illegal Drugs into the PDEA and Transitory Provisions.
 The Narcotics Group of the PNP, the Narcotics Division of
the NBI and the Customs Narcotics Interdiction Unit are
hereby abolished; however they shall continue with the
performance of their task as detail service with the PDEA,
subject to screening, until such time that the organizational
structure of the Agency is fully operational and the number
of graduates of the PDEA Academy is sufficient to do the
task themselves: Provided, That such personnel who are
affected shall have the option of either being integrated
into the PDEA or remain with their original mother agencies
and shall, thereafter, be immediately reassigned to other
units therein by the head of such agencies. Such personnel
who are transferred, absorbed and integrated in the PDEA
shall be extended appointments to positions similar in rank,
salary, and other emoluments and privileges granted to
their respective positions in their original mother agencies.
 The transfer, absorption and integration of the different
offices and units provided for in this Section shall take
effect within eighteen (18) months from the effectivity of
this Act: Provided, That personnel absorbed and on detail
service shall be given until five (5) years to finally decide to
join the PDEA.
 Nothing in this Act shall mean a diminution of the
investigative powers of the NBI and the PNP on all other
crimes as provided for in their respective organic
laws: Provided, however, That when the investigation being
conducted by the NBI, PNP or any ad hoc anti-drug task
force is found to be a violation of any of the provisions of
this Act, the PDEA shall be the lead agency. The NBI, PNP
or any of the task force shall immediately transfer the same
to the PDEA: Provided, further, That the NBI, PNP and the
Bureau of Customs shall maintain close coordination with
the PDEA on all drug related matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations.
 The amount necessary for the operation of the Board and
the PDEA shall be charged against the current year's
appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the
Narcotics Group of the PNP, the Narcotics Division of the
NBI and other drug abuse units of the different law
enforcement agencies integrated into the PDEA in order to
carry out the provisions of this Act. Thereafter, such sums as
may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations
Act.
 All receipts derived from fines, fees and other income
authorized and imposed in this Act, including ten percent
(10%) of all unclaimed and forfeited sweepstakes and lotto
prizes but not less than twelve million pesos (P12,000,000.00)
per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the
general fund for the implementation of this Act: Provided,
That no amount shall be disbursed to cover the operating
expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent (50%)
of all the funds shall be reserved for assistance to
government-owned and/or operated rehabilitation
centers.
 The fines shall be remitted to the Board by the court
imposing such fines within thirty (30) days from the finality of
its decisions or orders. The unclaimed and forfeited prizes
shall be turned over to the Board by the PCSO within thirty
(30) days after these are collected and declared forfeited.
 A portion of the funds generated by the Philippine
Amusement and Gaming Corporation (PAGCOR) in the
amount of Five million pesos (P5,000,000.00) a month shall
be set aside for the purpose of establishing adequate drug
rehabilitation centers in the country and also for the
maintenance and operations of such centers: Provided,
That the said amount shall be taken from the fifty percent
(50%) share of the National Government in the income of
PAGCOR: Provided, further, That the said amount shall
automatically be remitted by PAGCOR to the Board. The
amount shall, in turn, be disbursed by the Dangerous Drugs
Board, subject to the rules and regulations of the
Commission on Audit (COA).
 The fund may be augmented by grants, donations, and
endowment from various sources, domestic or foreign, for
purposes related to their functions, subject to the existing
guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report
by the Board and the PDEA.
 The Board shall manage the funds as it may deem proper
for the attainment of the objectives of this Act. In addition
to the periodic reports as may be required under this Act,
the Chairman of the Board shall submit to the President of
the Philippines and to the presiding officers of both houses
of Congress, within fifteen (15) days from the opening of
the regular session, an annual report on the dangerous
drugs situation in the country which shall include detailed
account of the programs and projects undertaken,
statistics on crimes related to dangerous drugs, expenses
incurred pursuant to the provisions of this Act,
recommended remedial legislation, if needed, and such
other relevant facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board
and the PDEA.
 All accounts and expenses of the Board and the PDEA shall
be audited by the COA or its duly authorized
representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction.
 The Supreme Court shall designate special courts from
among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations
of this Act. The number of courts designated in each
judicial region shall be based on the population and the
number of cases pending in their respective jurisdiction.
 The DOJ shall designate special prosecutors to exclusively
handle cases involving violations of this Act.
 The preliminary investigation of cases filed under this Act
shall be terminated within a period of thirty (30) days from
the date of their filing.
 When the preliminary investigation is conducted by a
public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within
twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted
by a judge and a probable cause is found to exist, the
corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.
 Trial of the case under this Section shall be finished by the
court not later than sixty (60) days from the date of the
filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date
of submission of the case for resolution.
Section 91. Responsibility and Liability of Law Enforcement
Agencies and other Government Officials and Employees in
Testifying as Prosecution Witnesses in Dangerous Drugs Cases.
 Any member of law enforcement agencies or any other
government official and employee who, after due notice,
fails or refuses intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving
violations of this Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12)
30
PCM 3 2021 Source: Jonathan Loreche ppt and notes
years and one (1) day to twenty (20) years and a fine of
not less than Five hundred thousand pesos (P500,000.00), in
addition to the administrative liability he/she may be
meted out by his/her immediate superior and/or
appropriate body.
 The immediate superior of the member of the law
enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized
with imprisonment of not less than two (2) months and one
(1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than
Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if
despite due notice to them and to the witness concerned,
the former does not exert reasonable effort to present the
latter to the court.
 The member of the law enforcement agency or any other
government employee mentioned in the preceding
paragraphs shall not be transferred or re-assigned to any
other government office located in another territorial
jurisdiction during the pendency of the case in court.
However, the concerned member of the law enforcement
agency or government employee may be transferred or
re-assigned for compelling reasons: Provided, That his/her
immediate superior shall notify the court where the case is
pending of the order to transfer or re-assign, within twenty-
four (24) hours from its approval; Provided, further, That
his/her immediate superior shall be penalized with
imprisonment of not less than two (2) months and one (1)
day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than
Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office,
should he/she fail to notify the court of such order to
transfer or re-assign.
 Prosecution and punishment under this Section shall be
without prejudice to any liability for violation of any existing
law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases.
 Any government officer or employee tasked with the
prosecution of drug-related cases under this act, who,
through patent laxity, inexcusable neglect, unreasonable
delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the
penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years without prejudice to
his/her prosecution under the pertinent provisions of the
Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug
from the List of Dangerous Drugs.
 The Board shall have the power to reclassify, add to or
remove from the list of dangerous drugs. Proceedings to
reclassify, add, or remove a drug or other substance may
be initiated by the PDEA, the DOH, or by petition from any
interested party, including the manufacturer of a drug, a
medical society or association, a pharmacy association, a
public interest group concerned with drug abuse, a
national or local government agency, or an individual
citizen. When a petition is received by the Board, it shall
immediately begin its own investigation of the drug. The
PDEA also may begin an investigation of a drug at any
time based upon the information received from law
enforcement laboratories, national and local law
enforcement and regulatory agencies, or other sources of
information.
 The Board after notice and hearing shall consider the
following factors with respect to each substance proposed
to be reclassified, added or removed from control:
a) Its actual or relative potential for abuse;
b) Scientific evidence of its pharmacological
effect if known;
c) The state of current scientific knowledge
regarding the drug or other substance;
d) Its history and current pattern of abuse;
e) The scope, duration, and significance of abuse;
f) Risk to public health; and
g) Whether the substance is an immediate
precursor of a substance already controlled
under this Act.
 The Board shall also take into accord the obligations and
commitments to international treaties, conventions and
agreements to which the Philippines is a signatory.
 The Dangerous Drugs Board shall give notice to the general
public of the public hearing of the reclassification, addition
to or removal from the list of any drug by publishing such
notice in any newspaper of general circulation once a
week for two (2) weeks.
 The effect of such reclassification, addition or removal shall
be as follows:
a) In case a dangerous drug is reclassified as
precursors and essential chemicals, the
penalties for the violations of this Act involving
the two latter categories of drugs shall, in case
of conviction, be imposed in all pending
criminal prosecutions;
b) In case a precursors and essential chemicals is
reclassified as dangerous drug, the penalties for
violations of the Act involving precursors and
essential chemicals shall, in case of conviction,
be imposed in all pending criminal prosecutions;
c) In case of the addition of a new drug to the list
of dangerous drugs and precursors and
essential chemicals, no criminal liability involving
the same under this Act shall arise until after the
lapse of fifteen (15) days from the last
publication of such notice;
d) In case of removal of a drug from the list of
dangerous drugs and precursors and essential
chemicals, all persons convicted and/or
detained for the use and/or possession of such
a drug shall be automatically released and all
pending criminal prosecution involving such a
drug under this Act shall forthwith be dismissed;
and
e) The Board shall, within five (5) days from the
date of its promulgation submit to Congress a
detailed reclassification, addition, or removal of
any drug from the list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations.
The present Board in consultation with the DOH, DILG, DOJ,
DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all
other concerned government agencies shall promulgate within
sixty (60) days the Implementing Rules and Regulations that shall
be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee.
 There is hereby created a Congressional Oversight
Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be
appointed by the Senate President based on the
proportional representation of the parties or coalitions
therein with at least two (2) Senators representing the
Minority. The Members from the House of Representatives
shall be appointed by the Speaker, also based on
proportional representation of the parties or coalitions
therein with at least two (2) Members representing the
Minority.
 The Committee shall be headed by the respective
Chairpersons of the Senate Committee on Public Order
and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee.
 The Oversight Committee on Dangerous Drugs shall, in aid
of legislation, perform the following functions, among
others:
a) To set the guidelines and overall framework to
monitor and ensure the proper implementation
of this Act;
31
PCM 3 2021 Source: Jonathan Loreche ppt and notes
b) To ensure transparency and require the 5. ERGOTAMINE
submission of reports from government agencies 6. ISOSAFROLE
concerned on the conduct of programs, 7. LYSERGIC ACID
projects and policies relating to the 8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
implementation of this act; 9. NOREPHEDRINE
c) To approve the budget for the programs of the 10. 1-PHENYL-2-PROPANONE
Oversight Committee on Dangerous Drugs and 11. PIPERONAL
all disbursements therefrom, including 12. POTASSIUM PERMANGANATE
compensation of all personnel; 13. PSEUDOEPHEDRINE
d) To submit periodic reports to the President of the 14. SAFROLE
Philippines and Congress on the implementation
of the provisions of this Act; THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER
e) To determine inherent weaknesses in the law THE EXISTENCE OF SUCH SALTS IS POSSIBLE.
and recommend the necessary remedial LIST OF SUBSTANCES IN TABLE II
legislation or executive measures; and 1. ACETONE
f) To perform such other duties, functions and 2. ANTHRANILIC ACID
responsibilities as may be necessary to 3. ETHYL ETHER
effectively attain the objectives of this Act. 4. HYDROCHLORIC ACID
Section 97. Adoption of Committee Rules and Regulations, and 5. METHYL ETHYL KETONE
Funding. 6. PHENYLACETIC ACID
 The Oversight Committee on Dangerous Drugs shall adopt 7. PIPERIDINE
its internal rules of procedure, conduct hearings and 8. SULPHURIC ACID
receive testimonies, reports, and technical advice, invite or 9. TOLUENE
summon by subpoena ad testificandum any public official,
private citizen, or any other person to testify before it, or THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER
require any person by subpoena duces tecum documents THE EXISTENCE OF SUCH SALTS IS POSSIBLE (THE SALTS OF
or other materials as it may require consistent with the HYDROCHLORIC ACID AND SULPHURIC ACID ARE SPECIFICALLY
provisions of this Act. EXCLUDED)
 The Oversight Committee on Dangerous Drugs shall be
assisted by a secretariat to be composed by personnel 1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC
who may be seconded from the Senate and the House of DRUGS AS AMENDED BY THE 1972 PROTOCOL
Representatives and may retain consultants. LIST OF DRUGS INCLUDED IN SCHEDULE I
 To carry out the powers and functions of the Oversight 1. Acetorphine
Committee on Dangerous Drugs, the initial sum of Twenty- 2. Acetyl-alpha-methylfentanyl
five million pesos (P25,000,000.00) shall be charged against 3. Acetylmethadol
the current appropriations of the Senate. Thereafter, such 4. Alfentanil
amount necessary for its continued operations shall be 5. Allylprodine
included in the annual General Appropriations Act. 6. Alphacetylmethadol
 The Oversight Committee on Dangerous Drugs shall exist for 7. Alphameprodine
a period of ten (10) years from the effectivity of this Act 8. Alphamethadol
and may be extended by a joint concurrent resolution. 9. Alpha-methylfentanyl
Section 98. Limited Applicability of the Revised Penal Code. 10. Alpha-methylthiofentanyl
 Notwithstanding any law, rule or regulation to the contrary, 11. Alphaprodine
the provisions of the Revised Penal Code (Act No. 3814), as 12. Anileridine
amended, shall not apply to the provisions of this Act, 13. Benzethidine
except in the case of minor offenders. Where the offender 14. Benzylmorphine
is a minor, the penalty for acts punishable by life 15. Betacetylmethadol
imprisonment to death provided herein shall be reclusion 16. Beta-hydroxyfentanyl
perpetua to death. 17. Beta-hydroxy-3-methylfentanyl
Section 99. Separability Clause. 18. Betameprodine
 If for any reason any section or provision of this Act, or any 19. Betamethadol
portion thereof, or the application of such section, 20. Betaprodine
provision or portion thereof to any person, group or 21. Bezitramide
circumstance is declared invalid or unconstitutional, the 22. Cannabis and Cannabis resin and extracts and
remainder of this Act shall not be affected by such tinctures of cannabis
declaration and shall remain in force and effect. 23. Clonitazene
Section 100. Repealing Clause. 24. Coca leaf
 Republic Act No. 6425, as amended, is hereby repealed 25. Cocaine
and all other laws, administrative orders, rules and 26. Codoxime
regulations, or parts thereof inconsistent with the provisions 27. Concentrate of poppy straw
of this Act, are hereby repealed or modified accordingly. 28. Desomorphine
Section 101. Amending Clause. – Republic Act No. 7659 is 29. Dextromoramide
hereby amended accordingly 30. Diampromide
Section 102. Effectivity. – This Act shall take effect fifteen (15) 31. Diethylthiambutene
days upon its publication in at least two (2) national newspapers 32. Difenoxin
of general circulation 33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
ANNEX 36. Dimenoxadol
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN 37. Dimepheptanol
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 38. Dimethylthiambutene
LIST OF SUBSTANCES IN TABLE I 39. Dioxaphetyl butyrate
1. ACETIC ANHYDRIDE 40. Diphenoxylate
2. N-ACETYLANTHRANILIC ACID 41. Dipipanone
3. EPHEDRINE 42. Drotebanol
4. ERGOMETRINE 43. Ecgonine
32
PCM 3 2021 Source: Jonathan Loreche ppt and notes
44. Ethylmethylthiambutene The salts of the drugs listed in this Schedule, including the salts of
45. Etonitazene esters, ethers and isomers as provided above whenever the
46. Etorphine existence of such salts is possible.
47. Etoxeridine LIST OF DRUGS INCLUDED IN SCHEDULE II
48. Fentanyl 1. Acetyldihydrocodeine
49. Furethidine 2. Codeine
50. Heroin 3. Dextropropoxyphene
51. Hydrocodone 4. Dihydrocodeine
52. Hydromorphinol 5. Ethylmorphine
53. Hydromorphone 6. Nicocodine
54. Hydroxypethidine 7. Nicodicodine
55. Isomethadone 8. Norcodeine
56. Ketobemidone 9. Pholcodine
57. Levomethorphan 10. Propiram
58. Levomoramide And the isomers, unless specifically excepted, of the drugs in this
59. Levophenacylmorphan Schedule whenever the existence of such isomers is possible
60. Levorphanol within the specific chemical designation.
61. Metazocine The salts of the drugs listed in this Schedule, including the salts of
62. Methadone the isomers as provided above whenever the existence of such
63. Methadone Intermediate salts is possible.
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl LIST OF DRUGS INCLUDED IN SCHEDULE III
68. Metopon
69. Moramide intermediate 1. Preparations Acetyldihydrocodeine,
70. Morpheridine of : Codeine,
71. Morphine Dihydrocodeine,
72. Morphine methobromide Ethylmorphine,
73. Morphine-N-oxide Nicocodine,
74. MPPP Nicodicodine,
75. Myrophine Norcodeine and
76. Nicomorphine Pholcodine
77. Noracymethadol When compounded with one or more other
78. Norlevorphanol ingredients and containing not more than
79. Normethadone milligrams of the drug per dosage unit and
80. Normorphine with a concentration of not more than 2.5 per
81. Norpipanone cent in undivided preparations.
82. Opium
83. Oxycodone 2. Preparations Propiram containing not more than 100
84. Oxymorphone of : milligrams of propiram per dosage unit and
85. Para-fluorofentanyl compounded with at least the same amount
86. PEPAP of Methylcellulose.
87. Pethidine
88. Pethidine intermediate A 3. Preparations Dextropropoxyphene for oral use containing
89. Pethidine intermediate B of : not more than 135 milligrams of
90. Pethidine intermediate C dextropropoxyphene base per dosage unit or
91. Phenadoxone with a concentration of not more than 2.5 per
92. Phenampromide cent in undivided preparations, provided that
93. Phenazocine such preparations do not contain any
94. Phenomorphan substance controlled under the Convention
95. Phenoperidine on Psychotropic Substances of 1971.
96. Piminodine
97. Piritramide
4. Preparations Cocaine containing not more than 0.1 per
98. Proheptazine
of : cent of cocaine calculated as cocaine base;
99. Properidine
Preparations and
100. Racemethorphan
of: Opium or morphine containing not more than
101. Racemoramide
0.2 per cent of morphine calculated as
102. Racemorphan
anhydrous morphine base and compounded
103. Remifentanil
with one or more other ingredients and in such
104. Sufentanil
a way that the drug cannot be recovered by
105. Thebacon
readily applicable means or in a yield that
106. Thebaine
would constitute a risk to public health.
107. Thiofentanyl
108. Tilidine
109. Trimeperidine 5. Preparations Difenoxin containing, per dosage unit, not
of : more than 0.5 milligrams of difenoxin and a
*
Dextromethorphan (+)-3-methoxy-N-methylmorphinan and quantity of atropine sulfate equivalent to at
dextrorphan (+)-3-hydroxy-N-methylmorphinan are isomers least 5 per cent of the dose of difenoxin.
specifically excluded from this Schedule.
AND the isomers, unless specifically excepted, of the drugs in this 6. Preparations Diphenoxylate containing per dosage unit,
Schedule whenever the existence of such isomers is possible of : not more than 2.5 milligrams diphenoxylate
within the specific chemical designation; calculated as base and a quantity of atropine
The esters and ethers, unless appearing in another Schedule, of sulfate equivalent to at least 1 per cent of the
the drugs in this Schedule whenever the existence of such esters dose of diphenoxylate.
or ethers is possible;

33
PCM 3 2021 Source: Jonathan Loreche ppt and notes

7. Preparations Pulvis ipecacuanhae et opii compositus METHCATHINONE 2-(Methylamino)-1-phenylpropan-1-

of : 10 per cent opium in powder one
10 per cent ipecacuanha root, in powder well
mixed with 4-METHYLAMINOREX (+)-cis-2-Amino-4-methyl-5-phenyl-
80 per cent of any other powdered ingredient 2-oxazoline
containing no drug.
MMDA 2-Methoxy-a-methyl-4,5-
8. Preparations conforming to any of the formulas listed in this (methylenedioxy)phenethylamine
Schedule and mixtures such preparations with any material 5-Methoxy-3,4-
which contains no drug. methylenedioxyamphetamine

LIST OF DRUGS INCLUDED IN SCHEDULE IV N-ETHYL MDA (+)-N-Ethyl-a-methyl-

1. Acetorphine 3,4(methylenedioxy)phenethylamin
2. Acetyl-alpha-methylfentanyl e
3. Alpha-methylfentanyl 3-4-Methylenedioxy-N-
4. Alpha-methylthiofentanyl ethylamphetamine
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl N-HYDROXY MDA (+)-N-[a-Methyl-3,4-
7. Cannabis and Cannabis resin (methylenedioxy)phenethyl]-
8. Desomorphine hydroxylamine
9. Etorphine
10. Heroin
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-
11. Ketobemidone
trimethyl-6H-dibenzo[b,d]pyran-1-ol
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP PMA p-Methoxy-a-
15. Para-fluorofentanyl methylphenethylamine
16. PEPAP Paramethoxyamphetamine
17. Thiofentanyl
AND the salts of the drugs listed in this Schedule whenever the PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-ol
formation of such salts is possible
PSILOCYBINE 3-[2-(Dimethylamino)ethyl]indol-4-yl
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC dihydrogen phosphate
SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I
ROLICYCLIDINE (PHP, 1-(1-Phenylcyclohexyl)pyrrolidine
BROLAMFETAMINE (DOB) (±)-4-Bromo-2,5-dimethoxy-a- PCPY)
methylphenethylamine
Dimethoxybromoamphetamine STP, DOM 2,5-Dimethoxy-a,4-
dimethylphenethylamine
CATHINONE (-)-(S)-2-Aminopropiophenone
TENAMFETAMINE (MDA) a-Methyl-3,4-
DET 3-[2-(Diethylamino)ethyl)indole) (methylenedioxy)phenethylamine
Methylenedioxyamphetamine
DMA (±)-2,5-DIMETHOXY-a-
methylphenethylamine TENOCYCLIDINE (TCP) 1-[1-(2-
2,5 Dimethoxyamphetamine Thienyl)cyclohexyl]piperridine

DMPH 3-(1,2-Dimethylhepty)-7,8,9,-10- TETRAHYDROCANNABINO - the following isomers and their

tetrahydro-6,6,9-trimethyl-6H- L stereochemical variants:
dibenzo[b,d]pyran-1-ol 7,8,9,10-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-ol
(9R,10aR)-8,9,10,10a-Tetrahydro-
DMT 3-[2-(Dimethylamino)ethyl]indole
6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol
DOET (±)-4-Ethyl-2,5-dimethoxy-a- (6aR,9R,10aR)-6a,9,10,10a-
phorethylamine Tetrahydro-6,6,9-trimethyl-3-pentyl-
2,5-Dimethoxy-4- 6H-dibenzo[b,d]pyran-1-ol
ethylamphetamine (6aR,10aR)-6a,7,10,10a-Tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-
ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine dibenzo[b,d]pyran-1-ol
(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-
ETRYPAMINE 3-(2-Aminobutyl)indole 3-pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10a-
Hexahydro-6,6,dimethyl-9-
(+)-LYSERGIDE (LSD, LSD- 9,10-Didehydro-N,N-diethyl-6-
methylene-3-pentyl-6H-
25) methylergoline-8b- carboxamide
Dibenzo[b,d]pyran-1-ol

MDA (+)-N, a-Dimethyl-3,4-(methylene-

TMA (±)-3,4,5-Trimethoxy-a –
dioxy)phenethylamine
methylphenethylamine
3,4-
3,4,5-Trimethoxyamphetamine
Methylenedioxymethamphetamine
4-MIA-(a-methyl-4-
methylthiophenethylamine)
MESCALINE 3,4,5-Trimethoxyphenethylamine

34
PCM 3 2021 Source: Jonathan Loreche ppt and notes
The stereoisomers, unless specifically excepted, of substances in 44. NITRAZEPAM
this Schedule, whenever the existence of such stereou\isomers is 45. NORDAZEPAM
possible within the specific chemical designation. 46. OXAZEPAM
47. OXAZOLAM
LIST OF SUBSTANCES IN SCHEDULE II 48. PEMOLINE
1. AMFETAMINE (AMPHETAMINE) 49. PHENDIMETRAZINE
2. DEXAMFETAMINE (DEXAMPHETAMINE) 50. PHENOBARBITAL
3. FENETYLLINE 51. PHENTERMINE
4. LEVAMFETAMINE (LEVAMPHETAMINE) 52. PINAZEPAM
5. LEVOMETHAMPHETAMINE 53. PIPRADROL
6. MECLOQUALONE 54. PRAZEPAM
7. METAMFETAMINE (METHAMPHETAMINE) 55. PYROVALERONE
8. METHAMPHETAMINE RACEMATE 56. SECBUTABARBITAL
9. METHAQUALONE 57. TEMAZEPAM
10. METHYLPHENIDATE 58. TETRAZEPAM
11. PHENCYCLIDINE (PCP) 59. TRIAZOLAM
12. PHENMETRAZINE 60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
13. SECOBARBITAL 61. Zolpidem
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its
stereochemical variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine) Breastfeeding Law
LIST OF SUBSTANCES IN SCHEDULE III  Republic Act 7600: The Rooming-In and Breast-feeding Act
1. AMOBARBITAL of 1992
2. BUPRENORPHINE  An act providing incentives to all government and private
3. BUTALBITAL health institutions with rooming-in and breastfeeding
4. CATHINE (+)-norpseudo-ephedrine practices and for other purposes
5. CYCLOBARBITAL  Approved: June 2, 1992
6. FLUNITRAZEPAM
7. GLUTETHIMIDE
SECTION 1. Title
8. PENTAZOCINE
This Act shall be known as “The Rooming-In and Breast-feeding
9. PENTOBARBITAL
Act of 1992”
Substances in Schedule IV
SECTION 2. Declaration of Policy
1. ALLOBARBITAL
 The State adopts rooming-in as a national policy to
2. ALPRAZOLAM
encourage, protect and support the practice of breast-
3. AMFEPRAMONE 4. AMINOREX
feeding. It shall create an environment where basic
5. BARBITAL
physical, emotional, and psychological needs of mothers
6. BENZFETAMINE(benzphetamine)
and infants are fulfilled through the practice of rooming-in
7. BROMAZEPAM
and breast-feeding.
8. Butobarbital
 Breast-feeding has distinct advantages which benefit the
9. BROTIZOLAM
infant and the mother, including the hospital and the
10. CAMAZEPAM
country that adopt its practice. It is the first preventive
11. CHLORDIAZEPOXIDE
health measure that can be given to the child at birth. It
12. CLOBAZAM
also enhances mother-infant relationship. Furthermore, the
13. CLONAZEPAM
practice of breast-feeding could save the country
14. CLORAZEPATE
valuable foreign exchange that may otherwise be used for
15. CLOTIAZEPAM
milk importation.
16. CLOXAZOLAM
 Breastmilk is the best food since it contains essential
17. DELORAZEPAM
nutrients completely suitable for the infant’s needs. It is
18. DIAZEPAM
also nature’s first immunization, enabling the infant to fight
19. ESTAZOLAM
potential serious infection. It contains growth factors that
20. ETHCHLORVYNOL
enhance the maturation of an infant’s organ systems.
21. ETHINAMATE
22. ETHYL LOFLAZEPATE SECTION 3. Definition of Terms
23. ETILAMFETAMINE(N-ethylampetamine) For purposes of this Act, the following definitions are adopted:
24. FENCAMFAMIN a) Age of gestation — the length of time the fetus is inside the
25. FENPROPOREX mother’s womb.
26. FLUDIAZEPAM b) Bottlefeeding — the method of feeding an infant using a
27. FLURAZEPAM bottle with artificial nipples, the contents of which can be
28. HALAZEPAM any type of fluid.
29. HALOXAZOLAM c) Breast-feeding — the method of feeding an infant directly
30. KETAZOLAM from the human breast.
31. LEFETAMINE(SPA) d) Breastmilk — the human milk from a mother.
32. LOPRAZOLAM e) Expressed breastmilk — the human milk which has been
33. LORAZEPAM extracted from the breast by hand or by breast pump. It
34. LORMETAZEPAM can be fed to an infant using a dropper, a nasogatric
35. MAZINDOL tube, a cup and spoon, or a bottle.
36. MEDAZEPAM f) Formula feeding — the feeding of a newborn with infant
37. MEFENOREX formula usually by bottlefeeding. It is also called artificial
38. MEPROBAMATE feeding.
39. MESOCARB g) Health institutions — are hospitals, health infirmaries, health
40. METHYLPHENOBARBITAL centers, lying-in centers, or puericulture centers with
41. METHYPRYLON obstetrical and pediatric services.
42. MIDAZOLAM h) Health personnel — are professionals and workers who
43. NIMETAZEPAM manage and/or administer the entire operations of health

35
PCM 3 2021 Source: Jonathan Loreche ppt and notes
institutions and/or who are involved in providing maternal
and child health services.
i) Infant — a child within zero (0) to twelve (12) months of
age.
j) Infant formula — the breastmilk substitute formulated
industrially in accordance with applicable Codex
Alimentarius standards, to satisfy the normal nutritional
requirements of infants up to six (6) months of age, and
adopted to their physiological characteristics.
k) Lactation management — the general care of a mother-
infant nursing couple during the mother’s prenatal,
immediate postpartum and postnatal periods. It deals with
educating and providing knowledge and information to
pregnant and lactating mothers on the advantages of
breast-feeding, the physiology of lactation, the
establishment and maintenance of lactation, the proper
care of the breasts and nipples, and such other matters
that would contribute to successful breast-feeding.
l) Low birth weight infant — a newborn weighing less than
two thousand five hundred (2,500) grams at birth.
m) Mother’s milk — the breastmilk from the newborn’s own
mother.
n) Rooming-in — the practice of placing the newborn in the
same room as the mother right after delivery up to
discharge to facilitate mother-infant bonding and initiate
breast-feeding. The infant may either share the mother’s
bed or be placed in a crib beside the mother.
o) Seriously ill mothers — are those who are: with severe
infections; in shock; in severe cardiac or respiratory distress;
or dying; or those with other conditions that may be
determined by the attending physician as serious.
p) Wet-nursing — the feeding of a newborn from another
mother’s breast when his/her own mother cannot breast-
feed.
CHAPTER I
Rooming-in and Breast-Feeding of Infants
SECTION 4. Applicability
The provisions in this Chapter shall apply to all private and
government health institutions adopting rooming-in and breast-
feeding as defined in this Act
SECTION 5. Normal Spontaneous Deliveries
The following newborn infants shall be put to the breast of the
mother immediately after birth and forthwith roomed-in within
thirty (30) minutes.
a) well infants regardless of age of gestation; and
b) infants with low birth weights but who can suck.
SECTION 6. Deliveries by Caesarian
Infants delivered by caesarian section shall be roomed-in and
breast-fed within three (3) to four (4) hours after birth
SECTION 7. Deliveries Outside Health Institutions.
— Newborns delivered outside health institutions whose mothers
have been admitted to the obstetrics department/unit and who
both meet the general conditions stated in Section 5 of this Act,
shall be roomed-in and breast-fed immediately
SECTION 8. Exemptions
Infants whose conditions do not permit rooming-in and breast-
feeding as determined by the attending physician, and infants
whose mothers are either: a) seriously ill; b) taking medications
contraindicated to breast-feeding; c) violent psychotics; or d)
whose conditions do not permit breast-feeding and rooming-in
as determined by the attending physician shall be exempted
from the provisions of Sections 5, 6, and 7: provided, that these
infants shall be fed expressed breastmilk or wet-nursed as may
be determined by the attending physician
SECTION 9. Right of the Mother to Breast-feed
It shall be the mother’s right to breast-feed her child who equally
has the right to her breastmilk. Bottlefeeding shall be allowed
only after the mother has been informed by the attending
health personnel of the advantages of breast-feeding and the
proper techniques of infant formula feeding and the mother has
opted in writing to adopt infant formula feeding for her infant
CHAPTER II
Human Milk Bank
SECTION 10. Provision of Facilities for Breastmilk Collection and
Storage
The health institution adopting rooming-in and breast-feeding
shall provide equipment, facilities, and supplies for breastmilk
collection, storage and utilization, the standards of which shall
be defined by the Department of Health
CHAPTER III
Information, Education and Re-Education Drive
SECTION 11. Continuing Education, Re-education and Training
of Health Personnel
 The Department of Health with the assistance of other
government agencies, professional and non-governmental
organizations shall conduct continuing information,
education, re-education, and training programs for
physicians, nurses, midwives, nutritionist-dietitians,
community health workers and traditional birth attendants
(TBAs) and other health personnel on current and updated
lactation management.
 Information materials shall be given to all health personnel
involved in maternal and infant care in health institutions
SECTION 12. Information Dissemination to Pregnant Women
During the prenatal, perinatal and postnatal consultations
and/or confinements of the mothers or pregnant women in a
health institution, it shall be the obligation of the health institution
and the health personnel to immediately and continuously
teach, train, and support the women on current and updated
lactation management and infant care, through participatory
strategies such as organization of mother’s clubs and breast-
feeding support groups and to distribute written information
materials on such matters free of charge.
CHAPTER IV
Miscellaneous Provisions
SECTION 13. Incentives
 The expenses incurred by a private health institution in
complying with the provisions of this Act, shall be
deductible expenses for income tax purposes up to twice
the actual amount incurred: provided, that the deduction
shall apply for the taxable period when the expenses were
incurred: provided, further, that the hospital shall comply
with the provisions of this Act within six (6) months after its
approval.
 Government health institutions shall receive an additional
appropriation equivalent to the savings they may derive as
a result of adopting rooming-in and breast-feeding. The
additional appropriation shall be included in their budget
for the next fiscal year
SECTION 14. Sanctions
The Secretary of Health is hereby empowered to impose
sanctions for the violation of this Act and the rules issued
thereunder. Such sanctions may be in the form of reprimand or
censure and in cases of repeated willful violations, suspension of
the permit to operate of the erring health institution
SECTION 15. Rules and Regulations
The Secretary of Health, in consultation with other government
agencies, professional and non-governmental organizations
concerned shall promulgate the rules and regulations necessary
to carry out the provisions of this Act
SECTION 16. Repealing Clause
All acts, laws, decrees, executive orders, rules and regulations or
parts thereof, which are contrary to or inconsistent with this Act
are hereby repealed, amended, or modified accordingly
SECTION 17. Separability Clause
If any clause, sentence, paragraph or part of this Act shall be
declared to be invalid, the remainder of this Act or any provision
not affected thereby shall remain in force and effect
SECTION 18. Effectivity
This Act shall take effect one hundred twenty (120) days after
publication in at least two (2) newspapers of general circulation
Dental and Oral Health Program and Dental
Health Service Law
Dental Health Program
36
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 Oral disease continues to be a serious public health  Indeed, dental and oral diseases create a silent epidemic,
problem in the Philippines placing a heavy burden on Filipino schoolchildren
 The prevalence of dental caries on permanent teeth has  VISION: Empowered and responsible Filipino citizens taking
generally remained above 90% throughout the years care of their own personal oral health for an enhanced
 About 92.4% of Filipinos have tooth decay (dental caries) quality of life
and 78% have gum diseases (periodontal diseases) (DOH,  MISSION: The state shall ensure quality, affordable,
NMEDS 1998) accessible and available oral health care delivery
 Although preventable, these diseases affect almost every  GOAL: Attainment of improved quality of life through
Filipino at one point or another in his or her lifetime promotion of oral health and quality oral health care
 Table 1: Prevalence of the Two Most Common Oral  Objectives and Targets:
Diseases by Year, Philippines  The prevalence of dental caries is reduced
Prevalence  Annual Target : 5% reduction of the
YEAR prevalence rate every year
Dental Caries Peridontal Disease
 The prevalence of periodontal disease is
1987 93.9% 65.5% reduced
1992 96.3% 48.1%  Annual Targets : 5% reduction of the
1998 92.4% 78.3% prevalence rate every year
 Dental caries experience is reduced
 The oral health status of Filipino children is alarming.  Annual Target : 5% reduction of the
 The 2006 National Oral Health Survey (Monse B. et al, NOHS mean dmft/DMFT for 5/6 years old
2006) investigated the oral health status of Philippine public and 12 years old children every year
elementary school students  The proportion of Orally Fit Children (OFC) 12-71
 It revealed that 97.1% of six-year-old children months old is increased
suffer from tooth decay  Annual Targets : Increased by 20%
 More than four out of every five children of this yearly
subgroup manifested symptoms of  The national government is primarily tasked to develop
dentinogenic infection policies and guideline for local government units
 In addition, 78.4% of twelve-year-old children  In 2007, the Department of Health formulated the
suffer from dental caries Guidelines in the Implementation of Oral Health Program
 49.7% of the same age group manifested for Public Health Services (AO 2007-0007)
symptoms of dentinogenic infections 
 he severity of dental caries, expressed as the average  The program aims to reduce the prevalence rate of dental
number of decayed teeth indicated for filling/extraction or caries to 85% and periodontal disease by to 60% by the
filled permanent teeth (DMFT) or temporary teeth (dmft), end of 2016
was 8.4 dmft for the six-year-old age group and 2.9 DMFT  The program seeks to achieve these objectives by
for the twelve-year-old age group (NOHS 2006) providing preventive, curative, and promotive dental
 Table 2 - Dental caries Experience (Mean DMFT/dmft), per health care to Filipinos through a lifecycle approach
age groups, Philippines  This approach provides a continuum of quality care by
Age in NMEDS NMEDS NMEDS NMEDS NMEDS establishing a package of essential basic oral health care
Years 1982 1987 1992 1998 2006 (BOHC) for every lifecycle stage, starting from infancy to
old age
6 8.4 dmft  The following are the basic package of essential oral
12 6.39 5.52 5.43 4.58 2.9 health services/care for every lifecycle group to be
15-19 8.51 8.25 6.3 provided either in health facilities, schools or at home
35-44 14.18 14.82 14.42 15.04
TYPES OF SERVICE
LIFECYCLE
 Filipinos bear the burden of gum diseases early in their (Basic Oral Health Care Package)
childhood  Oral Examination
 According to NOHS, 74% of twelve-year-old children suffer  Oral Prophylaxis (scaling)
Mother(Pregnant
from gingivitis  Permanent fillings
Women) **
 If not treated early, these children become  Gum treatment
susceptible to irreversible periodontal disease as  Health instruction
they enter adolescence and approach  Dental check-up as soon as the
adulthood Neonatal and first tooth erupts
 In general, tooth decay and gum diseases do not directly Infants under 1 year  Health instructions on infant oral
cause disability or death old** health care and advise on
 However, these conditions can weaken bodily exclusive breastfeeding
defenses and serve as portals of entry to other  Dental check-up as soon as the
more serious and potentially dangerous first tooth appears and every 6
systemic diseases and infections months thereafter
 Serious conditions include arthritis, heart disease,  Supervised tooth brushing drills
endocarditis, gastro-intestinal diseases, and  Oral Urgent Treatment (OUT)
ocular-skin-renal diseases  removal of unsavable
 Aside from physical deformity, these two oral teeth
diseases may also cause disturbance of speech Children 12-71
 referral of complicated
significant enough to affect work performance, months old **
cases
nutrition, social interactions, income, and self-  treatment of post
esteem extraction complications
 Poor oral health poses detrimental effects on school  drainage of localized
performance and mars success in later life oral abscess
 In fact, children who suffer from poor oral  Application of Atraumatic
health are 12 times more likely to have Restorative Treatment (ART)
restricted-activity days (USGAO 2000)
 In the Philippines, toothache is a common ailment among  Oral Examination
School Children (6-
schoolchildren, and is the primary cause of absenteeism  Supervising tooth brushing drills
12 years old)
from school (Araojo 2003, 103-110)  Topical fluoride theraphy
37
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 Pits and Fissure Sealant Application 5. Build up highly motivated health professionals and trained
 Oral Prophylaxis auxilliaries to manage and provide quality oral health care
 Permanent Fillings a) Provision of adequate dental personnel
 Oral Examination b) Capacity enhancement programs for dental
 Health promotion and education personnel and non-dental personnel
Adolescent and
on oral hygiene, and adverse
Youth (10-24 years Current FHSIS Indicators/parameters:
effect on consumption of sweets
old)** a) Orally Fit Child (OFC)– Proportion of children 12-71 months
and sugary beverages, tobacco
and alcohol old and are orally fit during a given point of time. Is defined
as a child who meets the following conditions upon oral
 Oral Examination examination and/or completion of treatment a) caries-
Other Adults (25-59  Emergency dental treatment free or carious tooth/teeth filled either with temporary or
years old)  Health instruction and advice permanent filling materials, b) have healthy gums, c) has
 Referrals no oral debris, and d) No handicapping dento-facial
 Oral Examination anomaly or no dento-facial anomaly that limits normal
Older Person (60  Extraction of unsavable tooth function of the oral cavity
years old and  Gum treatment b) Children 12-71 months old provided with Basic Oral Health
above)**  Relief of Pain Care (BOHC)
 Health instruction and advice c) Adolescent and Youth (10-24 years old) provided with
Basic Oral Health care (BOHC)
STRATEGIES AND ACTION POINTS: d) Pregnant Women provided with Basic oral Health Care
1. Formulate policy and regulations to ensure the full (BOHC)
implementation of OHP e) Older Persons 60 years old and above provided with Basic
a) Establishment of effective networking system Oral Health Care (BOHC)
(Deped, DSWD, LGU, PDA, Fit for School,
Academe and others) Policy/Standards/Guidelines formulated/developed:
b) Development of policies, standards, guidelines a) AO. 101 s. 2003 dated Oct. 14, 2003 – National Policy on
and clinical protocols Oral Health
i. Fluoride Use b) AO 2007-0007 – Dated January 3, 2007 Guidelines In The
ii. Toothbrushing Implementation Of Oral Health Program For Public Health
iii. Other Preventive Measures Services In The Philippines
2. Ensure financial access to essential public and personal c) AO 4-s.1998 – Revised Rules and Regulations and Standard
oral health services Requirements for Private School Dental services in the
a) Develop an outpatient benefit package for Philippines
oral health under the NHIP of the government d) AO 11-D s. 1998 – Revised Standard Requirements for
b) Develop financing schemes for oral health Hospital Dental services in the Philippines
applicable to other levels of care ( Fee for e) AO 3 s. 1998 - Revised Rules and Regulations and Standard
service, Cooperatives, Network with HMOS) Requirements for Occupational Dental services in the
c) Restoration of oral health budget line item in Philippines
the GAA of DOH Central Office f) AO 4-A s. 1998 – Infection Control Measures for Dental
3. Provide relevant, timely and accurate information Health Services
management system for oral Health.
a) Improve existing information system/data Trainings/Capacity Enhancement Program:
collection (reporting and recording dental  Basic Orientation Course on Management of Public Health
services and accomplishments ) Dentist
i. setting of essential indicators  The training program was designed with the
ii. development of IT system on Public Health Dentists (PHDs) as the main
recording and reporting oral health recipients of the Basic Course on the
service accomplishments and indices Management of Oral Health Program. The
iii. Integrate oral health in every family training is expected to provide an in-depth
health information tools, recording understanding of the different roles and
books/manuals functions of the PHDs in the management and
b) Conduct Regular Epidemiological delivery of Public Health Services. A training
Dental Surveys – every 5 years module was developed for the basic course.
4. Ensure access and delivery of quality oral health care
services Researches:
a) Upgrading of facilities, equipment, instruments,  National Monitoring Evaluation Dental Survey (NMEDS).
supplies  The Department of Health (DOH) has been
b) Develop packages of essential care/services for conducting nationwide surveys every five years
different groups (children, mothers and (1977, 1982, 1987, 1992, and 1998) to determine
marginalized groups) the prevalence of oral diseases in the Philippines.
i. revival of the sealant program for Data gathered provide continuous information
school children that enables planners to update data used in
ii. toothbrushing program for pre-school planning, implementation and evaluation of
children existing oral health programs. The latest NMEDS
iii. outreach programs for marginalized was conducted in 2011. Results will be available
groups on the 1st quarter of 2012.
c) Design and implement grant assistance
mechanism for high performing LGUs Existing Working Group for Oral Health:
i. Awards and incentives  National Technical Working Group (TWG) on Oral Health
ii. Sub-allotment of funds for priority (DPO 2005-1197)
programs/activities  Member Agencies:
d) Regular conduct of consultation meetings,  Department of Health (NCDPC, HHRDB, NCHP)
technical updates and program  DOH- Center for Health Development for NCR,
implementation reviews with stakeholders Central Luzon and Calabarzon
 Philippine Dental Association

38
PCM 3 2021 Source: Jonathan Loreche ppt and notes
 Department of Education  How can one avail of the services?
 UP- College of Public Health  The services of the DOH and the LGUs can be
 Department of Interior and Local Government availed at the Rural Health Units (RHUs), urban
 Department of Social Welfare and health centers, districts and provincial/city
Development hospitals.
 Local Government Units ( Makati, Quezon City)  For Pregnant women, you must visit the dentist
during your pre-natal check-ups
Print materials:  DepEd Services can be availed in the school
1. Leaflets (Malakas ang dating Buo ang Ngipin) for Children, health clinics during school health days
Adolescent, Pregnant Women and Older Person
2. Training Module on Basic Course on Management of Oral ORAL HEALTH SERVICES
Health Program 0-11 months (infants)
 0-8 months - Oral Examination, Instruction on infant’s oral
Non-Government Organization Major Partners: health care, Advice on exclusive breastfeeding
Philippine Dental Association  9-11 months - same as above and topical fluoride
Fit for School, Inc. application
Program Managers/Coordinators: 1-4 years old (11-59 months old children)
 Dr. Anthony P. Calibo  Oral examination
 OIC-Division Chief, cHILD hEALTH Development  Topical Fluoride Application
dIVISION  Supervised Tooth Brushing
 Ms. . Lita Orbillo  Oral Health Education
National Oral Health Program Coordinator  Atraumatic Restorative Treatment (ART)
Disease Prevention and Control Bureau  Oral prophylaxis/scaling
Department of Health 5-9 years old (school-aged children)
Manila, Philippines  Oral examination
(632) 651-7800 loc. 1726-1728  Supervised Toothbrushing
(633) E-Mail : litaorbillo_rn@yahoo.com  Oral Health Education
 Pits and Fissure Sealant
ORAL HEALTH PROGRAM 

Temporary filling
Permanent filling
FREQUENTLY ASKED QUESTIONS
10-19 years old (adolescents)
 Why is oral health important?
 Oral examination
 Oral Health is fundamental to overall health,
 Education and counselling on good oral hygiene,
well-being and quality of life. A healthy mouth
diet and adverse effects of tobacco/smoking and
enables people to eat, speak and socialize
alcohol and sweetened beverages & food
without pain, discomfort or embarrassment.
 Pit and fissure sealant application
 Pain from untreated dental diseases can lead to
 Temporary filling
eating, sleeping, speaking, and learning
 Permanent filling
problems in children and adolescents, which
 Oral prophylaxis/scaling
affect child’s social interactions, school
 Oral Urgent Treatment (OUT)
achievement, general health, and quality of life.
20-59 years old (adults)
Rampant dental caries in children adversely
affect the overall nutrition necessary for the  Oral Examination
growth of the body specifically body weight  Education and counseling on good oral hygiene,
and height. That begins with the first bite and diet and adverse effects of tobacco/smoking and
chewing the food efficiently. alcohol and sweetened beverages & food
 What are the most common oral health illnesses of the  Gum Treatment
Filipinos?  Oral prophylaxis/scaling
 Dental Caries (tooth decay) and Periodontal  Permanent filling
Diseases (gum diseases) are the two most  Atraumatic Restorative Treatment (ART)
common oral health diseases affecting the 60 years old and above (senior citizens)
Filipinos. 87.4 % Filipinos are suffering from dental  Oral Examination
caries while 48.3 % has gum disease (based on  Education and counselling on good oral hygiene,
the 2011 National Monitoring and Evaluation diet and adverse effects of tobacco/smoking and
Dental Survey). alcohol and sweetened beverages & food
 How do we prevent these two dental diseases from  Oral Urgent Treatment (OUT): relief of pain, extraction
occurring? of unsavable teeth and referral of complicated
 There are many ways these two most common cases to higher level
dental diseases can be prevented. Pregnant women
 Dental caries can be prevented through…  Oral examination
 regular visits to the dentist for early  Education and counselling on good oral hygiene,
diagnosis and preventive care; diet and adverse effects of tobacco/smoking and
 professionally applied fluorides & alcohol and sweetened beverages & food
sealants;  Oral prophylaxis/scaling
 well balanced diet;  Gum treatment
 minimize eating sugary foods and  Temporary filling
 good plaque control through regular  Permanent filling
toothbrushing and flossing.
 Gum diseases can be prevented through…
 regular visits to the dentist for early
detection and treatment; Empowered and responsible Filipino citizens
 regular and proper toothbrushing VISION taking care of their own personal oral health for
and an enhanced quality of life.
 healthy lifestyle such as avoidance of
tobacco smoking, drugs & excessive
alcohol-intake

39
PCM 3 2021 Source: Jonathan Loreche ppt and notes
Contact No. 732-99-56
The state shall ensure quality, affordable, 651-78-00 LOC. 1730
accessible and available oral health care
delivery. Supervisor Program Officers:
MISSION
GOAL: Attainment of improved quality of life
through promotion of oral health and quality oral Rochelle E. Pambid, DMD
health care. Dentist IV

GENERAL: Tristan Paolo E. Tan, DMD

Reduction on the prevalence rate of dental Dentist III
caries and periodontal diseases from 92% in 1998
to 85% and from 78% in 1998 to 60%. Children's Health Development Division
Disease Prevention and Control Bureau
SPECIFIC: Department of Health
 To increase proportion of Orally Fit Contact No. 732-99-56
OBJECTIVES Children (OFC) under 6 years old to 651-78-00 LOC. 1730
12% by 20% by 2020
 To control oral health risks among
the young people
 To improve the oral health
conditions of pregnant women by
20% and older persons by 10%
every year till 2016

PROGRAM
COMPONENTS

 Philippine Dental Association (PDA),

 Philippine Pediatric Dental Society Inc.
(PPDSI),
 Philippine Pediatric Society (PPS),
 Deutsche Gesellschaft fiir Internationale
PARTNER
Ztsammenarbeit (GIZ),
INSTITUTIONS
 U.P. - National Institutes of Health -
lnstitute for Child Health and Human
Development

 Republic Act 3814: An Act Creating the

Bureau of Dental Health Services (As
POLICIES AND Amended by RA 5211)
LAWS  Republic Act 9484: The Philippine Dental
Act of 2007
 Mandate Creating Program/Year:
 AO 101 s.2003: National Policy on
Oral Health; and
 AO 2007 – 0007: Guidelines in the
Implementation of Oral Health
Program for Public Health Service

STRATEGIES, ACTION POINTS, AND TIMELINE

 Formulate policy and regulations to ensure the full
implementation of OHP
 Ensure financial access to essential public and
personal oral health services
 Provide relevant, timely, and accurate information
management system for oral health
 Ensure access and delivery of quality oral health care
services
 Build up highly motivated health professionals and
trained auxiliaries to manage and provide quality
oral health care

CALENDAR OF ACTIVITIES

FEBRUARY - National Oral Health Month

STATISTICS

PROGRAM MANAGER CONTACT INFORMATION

Lita L. Orbillo, RN, MPH
Oral Health Program Coordinator
Children's Health Development Division
Disease Prevention and Control Bureau
Department of Health

40
PCM 3 2021 Source: Jonathan Loreche ppt and notes
PROGRAM ACCOMPLISHMENTS/STATUS
2015 2016 2017
2018
Key Formula for
Performance Eligible Eligible % of Eligible % of Eligible % of Eligible % of
Indicators Pop/ Target # # # #
Pop target Pop target Pop target Pop target

Children (12- Total

71 months) Population 13,231,613 580,835 4.39 13,483,025 71,840 0.5 14,164,416 1,223,186 8.64 14,332,788 439,981 3.072
orally fit (TP) x 13.5%

Children (12-
71 months) Total
given Basic Population 13,231,613 1,631,657 12.33 13,483,025 198,527 1.5 14,164,416 3,135,874 22.14 14,332,788 1,065,615 7.43
Oral Health (TP) x 13.5%
Care
Proportion of
adolescent
and youth 10- TP x 30% 29,403,585 2,055,844 6.99 29,962,278 177,846 0.6 31,476,480 3,334,267 10.59 31,850,641 1,246,688 3.91
24 yrs old with
BOHC
Proportion of
pregnant
TP x 2.7% 2,646,323 704,061 26.61 2,696,605 64,810 2.4 2,832,883 787,248 27.79 2,866,558 338,644 11.81
women with
BOHC

Older person
60 years old
TP x 6.9% 6,762,825 578,440 8.55 6,891,324 82,037
and above
with BOHC
Dental Health Service Law
 Republic Act 9484
 Philippine Dental Act of 2007
 June 2, 2007
 An act to regulate the practice of dentistry, dental hygiene
and dental technology in the Philippines, repealing for the
purpose Republic Act no. 4419, otherwise known as "An act
to regulate the practice of dentistry in the Philippines, and
for other purposes", and Republic Act no. 768, otherwise
known as "An act to regulate the practice of dental
hygienists in the Philippines, and for other purposes", and
appropriating funds therefor
Section 1. Title. - This Act shall be known as "The Philippine Dental
Act of 2007".
Sec. 2. Statement of Policy. - The State recognizes the
importance of dentists, dental hygienists and dental
technologists in nation-building. Hence, it shall develop and
nurture competent, productive, morally-upright, and well
rounded dentists, dental hygienists and dental technologists
whose standards of professional practice and service shall be
excellent, qualitative, world-class and internationally recognized,
globally competitive through regulatory measures, programs
and activities that foster their continuing professional
development.
Sec. 3. Objectives. - This Act provides for:
(a) The regulation, control, and supervision of the
practice of dentistry, dental hygiene and dental
technology in the Philippines;
(b) The giving of licensure examination to graduates of
recognized dental schools of dentistry, dental hygiene
and dental technology for the purpose of registration;
(c) The accreditation of the various specialties of
dentistry;
(d) The promotion and development of continuing
dental education and research in the country;
(e) The enforcement of the Code of Ethics and Code
of Dental Practice in the Philippines; and
1.2 7,239,590 1,082,012 14.95 7,325,647 381,215 5.20
(f) The stipulation of penalties for infractions or
violations of this Act or any other laws, rules and
regulations authorized under the provisions of this Act.
Sec. 4. Definition and Scope of Practice. -
(a) Dentist - refers to a person who is a holder of a valid
certificate of registration and professional identification
card in Dentistry who renders dental service within the
meaning and intent of this Law and who, for a fee,
salary, compensation or reward, paid to him/her or
through another, or even without such compensation
or reward, performs any operation or part of an
operation, upon the human oral cavity, jaws, teeth
and surrounding tissues; prescribes drugs or medicines
for the treatment of oral diseases or lesions, or prevents
and or corrects malpositions of the teeth or
implantation of artificial substitutes for lost teeth; and
teaches subjects in the licensure examination; or
engages in dental research: Provided, however, That
this provision shall not apply to dental technologists
engaged in the mechanical construction of artificial
dentures or fixtures or other oral devices, as long as
none of such procedures is done inside the mouth of
the patient; nor shall this provision apply to students of
dentistry undergoing practical training in a legally
constituted dental school or college under the
direction or supervision of a member of the faculty who
is duly licensed to practice dentistry in the Philippines;
or to registered dental hygienists who may be allowed
to perform preventive oral hygiene procedures and
other procedures or to dentistry graduates working as
dental assistants to licensed and registered dentist
authorized to practice dentistry in the Philippines who
are engaged :in private practice: Provided, further,
That these dentistry graduates work under their direct
supervision.
(b) Dental Hygienist - refers to a person who is a holder
of a valid certificate of registration and professional
identification card and has undergone a two year
course in dental hygiene from a government
recognized school under a college of dentistry and
passing the prescribed board examination for dental
hygienist, renders oral health promotion and preventive
measures, performs scaling and polishing, oral
examination, taking brief clinical history, taking
41
PCM 3 2021 Source: Jonathan Loreche ppt and notes
radiograph, and giving oral health education to
patients under the supervision of a licensed dentist.
(c) Dental Technologist - refers to a person who is a
holder of a valid certificate of registration and
professional identification card and who renders
technical services such as mechanical construction of
artificial denture and other oral devices under the
supervision of a licensed dentist, and has finished a two
year certificate course in dental technology from any
government recognized school.
ARTICLE II
THE PROFESSIONAL REGULATORY BOARD OF DENTISTRY
Sec. 5. Composition of the Board. - There is hereby created a
Professional Regulatory Board of Dentistry, hereinafter referred to
as the Board, under the administrative control and supervision of
the Professional Regulation Commission (PRC), hereinafter
referred to as the Commission, composed of a chairman and
four members who shall be appointed by the President of the
Philippines from the recommendees chosen and ranked by the
Commission from a list of nominees submitted by the accredited
and integrated professional organization.
Sec. 6. Powers and Functions of the Board. - The Board shall
have the following powers and functions:
(a) Promulgate, administer and enforce rules and
regulations necessary for carrying out the provisions of
this Act;
(b) Administer oaths in connection with the
administration of this Act;
(c) Study the conditions affecting the practice of
dentistry, dental hygiene and dental technology in the
Philippines;
(d) Adopt or recommend such measures or discharge
such duties, as may be deemed proper for the
advancement of the profession and the vigorous
enforcement of this Act;
(e) Ensure, in coordination with the Commission on
Higher Education (CHED), Technical Education and
Skills Development Authority (TESDA), the Accredited
Professional Organization, and the Association of
Dental Colleges, that all educational institutions
offering dentistry, dental hygiene, and dental
technology comply with the policies, standards and
requirements of the course prescribed by the CHED or
TESDA in the areas of curriculum, faculty, library, and
facilities;
(f) Supervise and regulate the registration, licensure
and practice of dentistry, dental hygiene and dental
technology in the Philippines;
(g) Adopt an official seal of the Board;
(h) Issue, reinstate, suspend or revoke the certificate of
registration and professional identification card or
cancel special permits for the practice of dentistry,
dental hygiene and dental technology;
(i) Prescribe and/or adopt a Code of Ethics and a
Code of Dental Practice for the practice of dentistry,
dental hygiene and dental technology;
(j) Prescribe guidelines and criteria in the Continuing
Professional Education (CPE) program for dentistry,
dental hygiene and dental technology;
(k) Hear or investigate any violation of this Act, its
implementing rules and regulations, and the Code of
Ethics for dentists as shall come to the knowledge of
the Board and for this purpose, issue a subpoena duces
tecum to secure the appearance of witnesses and the
production of documents in connection therewith;
(l) Accredit various specialties, dental societies!
organizations; and
(m) Perform such other powers and functions as it may
deem necessary to carry out the objectives of this Act.
Sec. 7. Qualification of the Chairman and Members of the
Board. - The chairman and members of the Board shall, at the
time of his/her appointment, possess the following qualifications:
(a) Be a natural-born citizen of the Philippines and a
resident thereof;
(b) Be a duly registered dentist in the Philippines with a
valid certificate of registration and professional
identification card;
(c) Be a member of good standing of the accredited
professional organization for the last five years:
Provided, That a member of the Board may not qualify
in any position, whether elective or appointive or serve
as an officer of the accredited and integrated
professional organization of dentists, dental hygienists,
and dental technologists during his/her incumbency as
such;
(d) Have at least ten (10) years of continuous
experience as a dentist and preferably with three (3)
years of teaching experience;
(e) Not be a member of the faculty of any school,
college, or university where undergraduate and
graduate courses in dentistry are taught and where
dental hygiene and dental technology courses and
review courses are offered, nor shall have, directly or
indirectly, any pecuniary interest in such institution; and
(f) Not be connected in any capacity with any
business enterprise, firm or company in the buying,
selling or manufacture of dental goods, equipment,
materials or supplies.
Sec. 8. Term of Office. - The chairman and the members of the
Board shall serve for a term of three years from the date of their
appointments and may be reappointed for another term. The
member serving the last year of his term shall automatically
become the chairman 0 the Board and shall not be able to
succeed himselflherse1f immediately after the expiration of
his/her term of office so that the term of one member shall be
due to expire every year: Provided, however, That all
appointments as chairman shall be approved by the President:
Provided further, That an appointment for any existing vacancy
or vacancies shall be made within one month from the time the
vacancy occurred and shall be for the unexpired portion of the
term only.
Sec. 9. Compensation and Allowances of the Board. - The
chairman and members of the Board shall receive
compensation and allowances comparable to that being
received by the chairman and members of existing regulatory
boards under the Commission as provided for in the annual
General Appropriations Act.
Sec. 10. Suspension and Removal from Office. - Any member of
the Board may, upon the recommendation of the Commission
after due process of law and investigation conducted by the
Commission, be suspended or removed by the President from
office for cause such as neglect of duty, abuse of power,
oppression, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission or toleration of irregularities
in the conduct of examination or tampering of the grades
therein, or for any final judgment or conviction of any criminal
offense involving moral turpitude by the court after having been
given the opportunity to defend himse1fl herself in a proper
administrative investigation.
Sec. 11. Supervision of the Board. - The secretary of the Board
shall be appointed by the Commission subject to the provisions
of existing laws and all records and minutes of the deliberation
of proceedings of the Board and other confidential documents
shall be kept under the direct custody of the Commission. The
Commission shall provide the secretariat and other support
services to implement the provisions of this Act.
Sec. 12. Annual Report. - The Board shall, within sixty (60) days
after the close of each fiscal year, prepare and submit an
annual report to the Commission, giving a detailed account of
the proceedings of the Board during the year, recommending
measures to be adopted, with the end in view of upgrading and
improving the conditions affecting the practice of Dentistry in
the Philippines.
ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION
Sec. 13. Examination Required. - All applicants for registration for
the practice of Dentistry, Dental Hygiene and Dental
Technology shall be required to undergo a licensure
examination to be given by the Board in such places and dates
as the Commission may designate subject to the compliance
42
PCM 3 2021 Source: Jonathan Loreche ppt and notes
with the requirements prescribed by the Commission in
accordance with Republic Act No. 8981.
Sec. 14. Qualification for Admission to the Licensure
Examination. -
(a) For Dentistry - An applicant for the licensure
examination for dentists shall establish to the
satisfaction of the Board, that:
(1) he/she is a citizen of the Philippines, or if a
foreigner, must prove that the country of
which he/she is a subject or citizen permits
Filipino dentists to practice within its territorial
jurisdiction on the same basis as the subjects
or citizens of such country;
(2) he/she has not been convicted of an
offense involving moral turpitude;
(3) he/she is a graduate of a recognized and
legally constituted university, college, school
or institute with a degree of doctor of dental
medicine or its equivalent; and
(4) he/she has completed the refresher
course required after failing three consecutive
licensure examinations.
(b) For Dental Hygiene - In order to be admitted to the
licensure examination for dental hygienists, an
applicant must at the time of filing his application
thereof, establish to the satisfaction of the Board, that:
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished the two years
certificate in dental hygiene conferred by a
recognized and legally constituted college, or
school of dentistry registered with the TESDA;
and
(4) he/she has completed the refresher
course required after failing three consecutive
licensure examinations.
(c) For Dental Technology - In order to be admitted to
the licensure examination for dental technology, an
applicant must, at the time of filing his/her application
thereof, establish to the satisfaction of the Board that:
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished, the two years
certificate in dental technology conferred by
a recognized and legally constituted college,
or school of dentistry registered with the
TESDA;
(4) he/she has undergone on-the-job training
in a registered/accredited dental laboratory
for at least six months; and
(5) he/she has completed the refresher
course required after failing three consecutive
licensure examinations.
Sec. 15. Scope of Examination. - An examination shall be given
to the licensure applicants for dentists, dental hygienists, and
dental technologists, which shall include, but not limited to, the
following:
(a) For Dentists - General anatomy, oral anatomy,
general and microscopic anatomy and embryology,
general and oral physiology, general and oral
pathology, pharmacology, microbiology, nutrition,
dental materials, restorative dentistry, prosthodontics,
orthodontics, pedodontics, pediatric dentistry, oral
physiology, anesthesiology, oral diagnosis and
treatment planning, endodontics, periodontics,
roentgenology, oral surgery, dental jurisprudence and
ethics, community dentistry and practice
management.
(b) For Dental Hygienists - oral anatomy and physiology,
dental materials, periodontology, roentgenology,
preventive dentistry, pedodontics, dental anesthesia
and pharmacology, pathology, dental jurisprudence
and ethics, and basic computer.
(c) For Dental Technologists - oral anatomy, oral
physiology, complete, fixed and removable
prosthodontics, ceramics, orthodontic appliances,
dental materials, dental jurisprudence and ethics, and
basic computer.
The Board may recluster, rearrange, modify, add or exclude and
prescribe subjects as the need arises.
Sec. 16. Ratings in the Examinations. - The licensure examination
shall consist of both written and practical tests and in order to
pass the examination, an examinee must obtain a general
weighted average of at least seventy-five percent (75%), with no
rating below fifty percent (50%) in any subject.
Sec. 17. Report of the Results of the Examinations. - The Board
shall submit to the Commission the ratings obtained by each
candidate within twenty (20) days after the last day of
examination unless extended for just cause.
Sec. 18. Oath. - All successful examinees and registrants without
examination shall be required to take a professional oath before
any member of the Board or any other person authorized by the
Commission or by law before they start their practice.
Sec. 19. Issuance of the Certificate of Registration and
Professional Identification Card. - A certificate of registration
shall be issued to examinees who pass the licensure examination
for dentistry subject to payment of fees prescribed by the
Commission. The certificate of registration shall bear the
signature of the chairperson of the Commission and the
chairman and members of the Board stamped with the official
seal of the Board and the Commission, indicating that the
person named therein is entitled to practice the profession with
all the benefits and privileges appurtenant thereto. The
certificate of registration shall, remain in force and effect until
revoked or suspended in accordance with this Act.
A professional identification card bearing the registration
number, date of issuance, expiry date, duly signed by the
chairperson of the Commission shall likewise be issued to every
registrant upon payment of the required fees. The professional
identification card shall be renewed every three years upon
payment of fees and upon satisfying the requirements of the
Board.
Sec. 20. Fees for Examination and Registration. - Every applicant
to the licensure examination for dentistry shall pay an
examination fee and a registration fee as determined and fixed
by the Commission.
Sec. 21. Refusal to Issue Certificates far Certain Causes. - The
Board shall refuse to issue a certificate of registration to any
successful examinee or to any examinee registered without
examination who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude or
has been found guilty of immoral or dishonorable conduct after
investigation by the Board, or has been declared to be of
unsound mind. The reason for the refusal shall be set forth in
writing.
Sec. 22. Revocation or Suspension of Certificate of Registration
and Professional Identification Card and Cancellation of
Temporary/Special Permit. - The Board shall have the power to
recommend the nullification or suspension of the validity of the
certificate of registration and professional identification card of
a dentist, dental technologist and dental hygienist or the
cancellation of a temporary/special permit for any of the
causes mentioned in the preceding section, or for:
(a) Unprofessional and unethical conduct;
(b) Malpractice;
(c) Incompetence, serious ignorance or negligence in
the practice of dentistry, dental hygiene, and dental
technology;
(d) Willful destruction or mutilation of a natural tooth of
a patient with the deliberate purpose of substituting
the same by an unnecessary or unessential artificial
tooth;
(e) For making use of fraud, deceitful or false statement
to obtain a certificate of registration;
(f) For alcoholism or drug addiction causing him/her to
become incompetent to practice dentistry, dental
hygiene and dental technology;
(g) For the employment of persons who are not duly
authorized to do the work which, under this Act, can
only be done by persons who have certificates of
registration to practice dentistry, dental hygiene and
dental technology in the Philippines;
43
PCM 3 2021 Source: Jonathan Loreche ppt and notes
(h) For the employment of deceit or any form of fraud
with the public in general or some clients in particular
for the purpose of extending his/her clientele;
(i) For making false advertisements, publishing or
circulating fraudulent or deceitful allegations regarding
his/her professional attainment, skill or knowledge, or
methods of treatment employed by him; and
(j) Utter disregard and continuous violation of any of
the provisions of this Act: Provided That the action of
the Board in the exercise of this power shall be
appealable to the Commission.
Sec. 23. Reinstatement Reissuance or Replacement of
Certificate of Registration and Professional Identification Card. -
Two years after the date of revocation, the Board may, upon
application and for reasons deemed proper and sufficient,
reinstate any revoked certificate of registration and reissue a
professional identification card; and :in so doing, the Board may,
in its discretion, exempt the applicant from taking another
examination.
Sec. 24. Issuance of Special/Temporary Permit to Foreigners. -
Certificates of Registration shall not be required of: (a)
commissioned dental officers of the army, navy and air force of
any foreign country whose operations in the Philippines are
permitted by the government while rendering dental service as
such for the members of said forces only; and (b) of dentist and
oral surgeons from other countries who are invited for
consultation, demonstrations, medical missions or under an
exchange visitor program as a member of a teaching faculty:
Provided, That in such cases their work shall be limited to the
specific- task assigned to them, and; Provided, further, That a
special permit has been previously granted by the Board and
the Commission stating therein the duration of such permit:
Provided furthermore, That the Board may designate the
accredited professional organization, through its constituent
chapters and affiliates, to monitor such activities.
ARTICLE IV
PRACTICE OF DENTISTRY, DENTAL HYGIENE AND DENTAL
TECHNOLOGY
Sec. 25. Code of Ethics and Code of Dental Practice for
Dentists. - The Board shall adopt and promulgate the Code of
Ethics and Code of Dental Practice of dentists, dental hygienists
and dental technologists prescribed and issued by the
accredited professional organization of dentists.
Sec. 26. Vested Rights. - All dentists and dental hygienists
registered at the time this law takes effect shall automatically be
registered under the provisions hereof, subject however to the
provisions herein set forth as to future requirements. Certificates
of registration held by such persons in good standing shall have
the same force and effect as though issued after the passage of
this Act.
Sec. 27. Registration Without Examination for Dental Hygienists
and Dental Technologists. - A person who possesses the
equivalent qualifications required for admission in the
examination for dental hygienist or dental technologist pursuant
to this Act, may be registered without examination: Provided-
That the applicant files with the Board within three years after
the effectivity of this Act, an application for registration and
issuance of a certificate of registration and professional
identification card, by submitting credentials showing that the
applicant, before the effectivity of this Act:
(a) Had been given a certificate in dental hygiene or
dental technology by a duly recognized college,
school or institution and had at least three years actual
experience as dental hygienist or dental technologist in
an accredited or licensed dental clinic or laboratory; or
(b) Had been practicing as a dental hygienist or dental
technologist for at least five years in a licensed dental
laboratory or clinic under the supervision of a dentist
and had attended a training course given by an
accredited school or institutiOI1 accredited and
certified by TESDA.
Sec. 28. Display of Name and Certificate of Registration. - Every
registered practicing dentist, dental hygienist and dental
technologist shall display in a conspicuous place in the building
or office where he/she practices, his/her name and his/ her
certificate or registration in plain sight of patients who enter the
dental office, or dental clinic or dental laboratory. In the case
where the dentist has more than one clinic, the original
certificate of registration should be displayed in his/ her main
office or clinic, and he/she shall display a copy of his/her
certified original certificate of registration in the other branch or
branches of his/her practice. Any owner or proprietor of a
dental office or establishment shall display the certificates of
registration of each and everyone of such persons in the same
manner as hereinafter provided.
Sec. 29. Continuing Professional Education. - The PRC Board in
collaboration with the accredited professional organization
(APO), shall implement the continuing professional education
among practicing dentists, dental hygienists and dental
technologists in consonance with the guidelines of the
Continuing Professional Education (CPE) council of the
Commission. Exemption from the CPE program may be applied
for upon reaching the age of sixty-five (65).
Sec. 30. Integration of Dentists, Dental Hygienists and Dental
Technologists. - All registered dentists, dental hygienists and
dental technologists shall be integrated into one national
organization which shall be recognized by the Board and
accredited by the Commission as the one and only accredited
integrated association to which all dentists, dental hygienists
and dental technologists shall belong. Henceforth, all dentists,
dental hygienists and dental technologists to be registered with
the Board shall automatically become a member of the
accredited integrated professional organization upon payment
of required fees and dues. Membership in the accredited and
integrated national organization of dentists, dental hygienists
and dental technologists shall not be a bar to membership in
other associations of dentists, dental hygienists and dental
technologists.
Sec. 31. Foreign Reciprocity. - Unless the country of which he/she
is a subject or citizen specifically permits Filipino dentists to
practice within its territorial limits on the same basis as the
subject or citizens of such foreign state or country under
reciprocity and under international agreements, no foreigner
shall be admitted to the examination and be given a certificate
of registration to practice as a dentist and be entitled to any of
the privileges under this Act.
Sec. 32. Roster of Dentists, Dental Hygienists and Dental
Technologists. - The Board, in coordination with the accredited
professional organization (APO), shall maintain a roster of the
name, residences and of the addresses of all registered dentists,
dental hygienists and dental technologists and shall make this
roster available to the public upon request.
ARTICLE V
PENAL PROVISION AND ENFORCEMENT OF THE ACT
Sec. 33. Penal Provision. - The following, shall be punished by a
fine of not less than Two hundred thousand pesos (P200,000.00)
nor more than Five hundred thousand pesos (P500,000.00) or to
suffer imprisonment for a period of not less than two years and
one day nor more than five years, or both, in the discretion of
the court:
(a) Any person who shall practice dentistry, dental
hygiene or dental technology in the Philippines as
defined in this Act, without a certificate of registration
and professional identification card and special permit
issued in accordance with the provisions of this Act, or
has been declared exempt;
(b) Any person who practice the profession to whom
the definition of the practice of dentistry, dental
hygiene or dental technology does not apply;
(c) Any licensed dentist who shall abet the illegal
practice of dentistry;
(d) Any person presenting or using as his/her own the
certificate of registration and professional identification
card and special permit of another;
(e) Any person who shall give any false or forged
evidence to the Board in obtaining a certificate of
registration;
(f) Any person who shall impersonate any registrant of
like or different name;
(g) Any person who shall use a revoked or suspended
certificate of registration and professional identification
card;
44
PCM 3 2021 Source: Jonathan Loreche ppt and notes
(h) Any person who shall assume, use or advertise as a
bachelor of dental surgery, doctor of dental surgery,
master of dental surgery, licentiate of dental surgery,
doctor of dental medicine, or dental surgeon, or
append to his name the letters D.D.S., B.D.S., L.D.S., or
D.M.D. without having been conferred such title or
degree in a legally constituted school, college or
university, duly recognized and authorized to confer
the same or other degrees; and
(i) Any person who advertises any title or description
tending to convey the impression that he/she is a
dentist, without holding valid certificate of registration
and professional identification card and special permit
from the Board.
Sec. 34. Enforcement of this Act. - It shall be the duty of all
constituted officers of the law of the national, provincial, city,
municipal or barangay level of the government, to enforce the
provisions of this Act as well as the rules and regulations pertinent
thereto, and to prosecute any person violating the same. The
Secretary of Justice shall act as the legal adviser of the Board
and the Commission and shall render such legal assistance as
may be necessary in carrying out the provisions of this Act.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Sec. 35. Funding Provision. - The Chairperson of the Professional
Regulation Commission shall immediately include in the
Commission's programs the implementation of this Act, the
funding of which shall be included in the Annual General
Appropriations Act.
Sec. 36. Transitory Provision. - The existing Board shall continue to
function in the interim until such time that the new Professional
Regulatory Board of Dentistry shall be constituted pursuant to this
Act.
Sec. 37. Implementing Rules and Regulations. - The Board, in
coordination with the accredited professional organization and
with the approval of the Commission, shall promulgate, adopt
and implement such rules and regulations to carry out the
provisions of this Act.
Sec. 38. Separability Clause. - If any section or provision of this
Act shall be declared invalid or unconstitutional, such shall not
invalidate any other section or provision of this Act.
Sec. 39. Repealing Clause. - Republic Act No. 4419 and Republic
Act No. 768, are hereby repealed. All other laws or portions
thereof, orders, ordinances, or rules and regulations in conflict
with the provisions of this Act as pertain to the practice of
dentistry shall be, and are hereby repealed.
Sec. 40. Effectivity. - This Act shall take effect following its
publication in the Official Gazette or in any newspaper of
general circulation.
Republic Act No. 3814
 REPUBLIC ACT No. 3814
 An Act Creating the Bureau of Dental Health Services
Section 1.
 There is hereby created under the Department of Health a
Bureau of Dental Health Services.
 This Bureau shall be headed by a Director who shall be a
dentist of good moral character with achievements and
must have practiced dentistry for a period of not less than
ten years.1awp++i1 The Director shall be appointed by the
President of the Philippines with the confirmation of the
Commission on Appointments and shall receive a
compensation as a regular bureau director.
 The Bureau shall have the following divisions: Administrative
Division; Research, Standards and Statistics Division; Rural
Dental Health Division; Industrial Dental Health Division;
Sanitaria, Hospital, Puericulture and Charity Center Dental
Health Division; Private Schools Dental Health Division; and
such other Divisions as may be deemed necessary in the
interests of public health dentistry.
Section 2.
 The Bureau of Dental Health Services is charged with the
protection of the dental health of the people of the
Philippines and the maintenance of an adequate
standard of dental health services and the improvement of
such standards. Its general powers and functions shall
extend to and comprehend integration among other the
following:
(a) The coordination, control and supervision of all
dental health services in the government including
those under the Department of Health, except those of
the Armed Forces of the Philippines and dental
infirmaries for the training of dental students in dental
schools and dental colleges and those under the
Department of Education.1âшphi1
(b) Supervision of such dental health services in private
firms, companies, corporations, and private
educational institutions, except dental infirmaries for
the training of dental students in dental schools or
colleges.
(c) The making of statistics, researches, and
investigations as may be deemed necessary for the
purpose of improving public dental health.
Section 3.
 To carry out the provisions of this Act, all dental health
activities of the regional offices of the Department of
Health, including those in hospitals, sanitaria and other units
under the Department of Health, together with all dental
health personnel, their salary items, equipment and
appropriations, except those specifically excluded in
Section two (a) hereof, are hereby placed under the
supervision, integration, control and coordination of the
Bureau of Dental Health Services: Provided, That in the
case of hospitals and sanitaria under the Department of
Health, the Bureau of Dental Health Services shall exercise
only technical supervision over the dental services in those
institutions, while the administrative control and supervision
over the dental personnel thereof shall be exercised by the
chiefs of the said institutions. The financing of these various
dental activities as well as the salary items and the
appointments of all their personnel, shall continue as
heretofore, and the President of the Philippines is hereby
authorized to effect the transfer of such dental health
activities in the various agencies of the government as
have not as yet been transferred to the Bureau of Dental
Health Services, with the corresponding items and
personnel, equipment and appropriations, upon, the
approval of this Act.
Section 4.
 All dental health services in private firms, companies or
corporations and educational institutions which are
required by law to employ dentists, shall be under the
supervision of the Bureau of Dental Health
Services: Provided, However, That the salaries of such
dentists and other personnel shall continue to be paid by
such firms, companies or corporations or educational
institutions.
Section 5.
 The sum of five hundred thousand pesos is hereby
appropriated, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this
Act, including the payment of the salary of the Director
and such personnel as may be authorized by the President
of the Philippines until their items are incorporated in the
General Appropriation Acts.
Section 6.
 In addition to the appropriations provided for in the
preceding section, the Philippine Charity Sweepstakes
Office is authorized to hold annually one special
sweepstakes horse race the whole proceeds of which shall,
after deducting the payment of the prizes and expenses,
as provided in Republic Act Numbered Eleven hundred
sixty-nine, be turned over to the Bureau of Dental Health
Services to constitute a special fund to help defray the
45
PCM 3 2021 Source: Jonathan Loreche ppt and notes
operational expenses of said Bureau.
Section 7.
 All Acts, parts of Acts, and executive orders inconsistent
with the provisions of this Act are hereby repealed.
Section 8.
 This Act shall take effect upon its approval.
 Approved: June 22, 1963.
Executive Order No. 34, s. 1966
 Signed on July 27, 1966
 Providing for the implementing details for republic act no.
3814, creating the bureau of dental health services
Section 1. The organization, functions and operation of the
Bureau of Dental Health Services shall be in accordance with
the provisions of Republic Act No. 3814 and these implementing
details
Section 2. The Bureau of Dental health Services shall consist of
the following offices and divisions:
a) Office of the Director
b) Administrative Division
c) Research, Standards and Statistics Division
d) Rural Dental Health division
e) Industrial Dental health Division
f) Hospital, Puericulture, Charity Health Center Dental Health
Division
g) Such other Divisions as may be deemed necessary in the
interest of the public dental health.
Section 3. The functions of the Director of Dental Health Services
shall, among other things, consist of the following:
a) Develop, direct, coordinate and evaluate ail dental public
health progress in the Philippines except those mentioned
in Section 2 (a) of Republic Act No. 3814.
b) Formulate and execute policies, standards, regulations
and schedules for the operation of the Bureau.
c) Coordinate and maintain liaison with other government,
private, civic and professional agencies to insure
adequate standard of dental services.
d) Prepare and recommend to the Secretary of Health the
annual budget proposal for the Bureau of Dental Health
Services.
e) Submit annual report on dental health program and
activities of the Secretary of Health.
f) Assist in the administration of a continuous career
development program for all personnel of the Bureau.
Section 4. The functions of the Administrative Division of the
Bureau of Dental Health Services shall, among other things,
consist of the following:
a) Plan, supervise and coordinate general clerical functions,
personnel administration, budget preparation and control,
and general services activities.
b) Implement administrative policies and decisions on routine
employee relations, problems and conflicts.
c) Issue office orders, circulars and memorandum for the
guidance of employees on office practice, procedures
and regulations.
d) Institute administrative investigations against erring
employees and make appropriate recommendations for
disciplinary action against them.
Section 5. The functions of the Research, Standard and Statistics
Division of the Bureau of Dental Health Services shall, among
other things, consist of the following:
a) Formulate policies and plans pertaining to all types of
dental research activities and studies on the prevention
and control of dental diseases; setting up of professional
standards; and the collection and analysis of dental
statistical information.
b) Plan, develop, recommend and/or implement dental
research studies; professional standards pertaining to type
and quality of staff, facilities, equipment and supplies
requirements; a systematic procedure for the collection,
analysis and reporting of required dental statistical
information; evaluation procedures; and technical training
programs.
c) Make available results of research activities and dental
statistical data.
d) Maintain liaison with other pertinent units and agencies
relating to research, standard and statistics.
Section 6. The functions of the Rural Dental Health Division of the
Bureau of Dental Health Services shall, among other things,
consist of the following:
a) In coordination with allied health agencies, to plan, direct,
supervise and evaluate the rural dental health program.
b) To initiate the rural pilot projects and scientific activities for
a more effective rural dental health service.
c) To assist in the preparation of the budget.
d) To maintain the highest standards of staff and field
personnel supplies, machines and equipment.
e) To perform such other functions as nay be squired from
time to time.
Section 7. The functions of the Industrial Dental Health Division of
the Bureau of Dental Health Services shall, among other things,
consist of the following:
a) Provide consultative and advisory services to dental units in
industrial, commercial and private educational institutions
in the field of dentistry, dental health and related subject
matters.
b) Assist dental health units under the Division in complying
with the policy, guidelines and standards on dental health,
including industrial and occupational hazards of personnel
in the establishments.
c) Assist in the preparation of guiding principles for the
systematic dental health examination of industrial
employees and the prevention and treatment of dental
diseases.
d) Promote dental public health consciousness and stimulate
management interest in the value of dental health services
in the industrial, commercial and private educational
institutions.
e) Analyze reports on dental health services and conduct
periodic visits on typical establishments for the purpose of
determining the degree of dental personnel performance
and assist in the establishment’s compliance with
established guides, rules and regulations set forth by the
Bureau in accordance with Republic Act No. 1054.
f) Collaborate with the Division of Research, Standards and
Statistics in the collection of data, conduct of research
and formulation of guides and standards on the
prevention and treatment of dental diseases, including
dental health education.
g) Exercise technical supervision of all dental units in the
private industrial, commercial and educational institutions.
h) Perform such other related functions as may be required
from time to time.
Section 8. The functions of the Hospital, Sanitaria, Puericulture
and Charity Health Centers Dental Division of the Bureau of
Dental Health Services shall, among other things, consist of the
following:
a) Exercise general administration, control of activities of the
Division.
b) Exercise technical supervision on all field units under the
hospitals, etc.
c) Implement standards for field services and staff
development.
d) Provide consultative services in hospital dental
administration and management.
e) Conduct survey, inspection and assess field unit and make
recommendations.
46
PCM 3 2021 Source: Jonathan Loreche ppt and notes
f) Assist in the compilation and evaluation of reports.

Section 9. The Bureau of Dental Health Services is charged with

the protection of the dental health of the people of the
Philippines and the maintenance of adequate standards of
dental health services and the improvement of such standards.
In pursuant of its functions, the following services are hereby
placed under the supervision, integration, control and
coordination of the said Bureau: (a) The Private School Dental
Health Division, (b) The Hospital, Maternity and Health Center
Dental Health Division, (c) The Industrial Dental Health Division,
and (d) The Rural Dental Health Divisions, together with the
salary items and personnel, equipment and appropriations.

Section 10. All dental health activities of the Regional Health

Offices of the Department of Health, including all hospitals,
sanitaria, provincial health offices, city health offices, municipal
health offices, and other health agencies and units under them,
together with all dental health personnel, their salary items,
equipment and appropriations, are hereby placed under the
supervision, integration, control and coordination of the Bureau
of Dental Health Services.

Section 11. All Executive Orders, or parts thereof, inconsistent

with the provisions of this Executive Order, are hereby repealed
or modified accordingly.

Section 12. This Executive Order takes effect on July 1, 1966.

Done in the City of Manila, this 27th day of July, in the year of
Our Lord, nineteen hundred and sixty-six.

47
H. No. 10651
S. No. 1595

Republic of the Philippines

Congress of the Philippines
Metro Manila
Eleventh Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand.

[ REPUBLIC ACT NO. 9003 ]

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT
PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND
INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

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

Congress assembled:

CHAPTER I
BASIC POLICIES

Article 1
General Provisions

Section 1. Short Title. -- This Act shall be known as the “Ecological Solid Waste
Management Act of 2000”.

Section 2. Declaration of Policies. -- It is hereby declared the policy of the State to

adopt a systematic, comprehensive and ecological solid waste management program
which shall:

(a) Ensure the protection of public health and environment;

(b) Utilize environmentally-sound methods that maximize the utilization of

valuable resources and encourage resources conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composing, recycling, re-use, recovery, green charcoal process, and others,
before collection, treatment and disposal in appropriate and environmentally-
sound solid waste management facilities in accordance with ecologically
sustainable development principles;

1
 (d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding
incineration;

(e) Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery.

(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management

with local government units while establishing a cooperative effort among the
national government, other local government units, non-government
organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through

the application of market-based instruments;

(i) Institutionalize public participation in the development and implementation of

national and local integrated, comprehensive and ecological waste
management programs; and

(j) Strengthen the integration of ecological solid waste management and

resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.

Article 2
Definitions of Terms

Section 3. Definition of Terms. – For the purpose of this Act:

(a) Agricultural waste shall refer to waste generated from planting or harvesting
of crops, trimming or pruning of plants and wastes or run-off materials from
farms or fields;

(b) Bulky wastes shall refer to waste materials which cannot be appropriately
placed in separate containers because of either its bulky size, shape or other
physical attributes. These include large worn-out or broken household,
commercial, and industrial items such as furniture, lamps, bookcases, filing
cabinets, and other similar items;

(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases or otherwise
accepts recyclable materials from the public for the purpose of recycling such
materials;

2
(e) Collection shall refer to the act of removing solid waste from the source or
from a communal storage point;

(f) Composting shall refer to the controlled decomposition of organic matter by

micro-organisms, mainly bacteria and fungi, into a humus-like product;

(g) Consumer electronics shall refer to special wastes that include worn-out,
broken, and other discarded items such as radios, stereos, and TV sets;

(h) Controlled dump shall refer to a disposal site at which solid waste is
deposited in accordance with the minimum prescribed standards of site
operation;

(i) Department shall refer to the Department of Environment and Natural

Resources;

(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or
placing of any solid waste into or in any land;

(k) Disposal site shall refer to a site where solid waste is finally discharged and
deposited;

(l) Ecological solid waste management shall refer to the systematic

administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, and
disposal of solid waste and all other waste management activities which do
not harm the environment;

(m) Environmentally acceptable shall refer to the quality of being re-usable,

biodegradable or compostable, recyclable and not toxic or hazardous to the
environment;

(n) Generation shall refer to the act or process of producing solid waste;

(o) Generator shall refer to a person, natural or juridical, who last uses a material
and makes it available for disposal or recycling;

(p) Hazardous waste shall refer to solid waste or combination of solid waste
which because of its quantity, concentration, or physical, chemical or
infectious characteristics may:

(1) cause, or significantly contribute to an increase in mortality or an increase

in serious irreversible, or incapacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the

environment when improperly treated, stored, transported, or disposed of,
or otherwise managed;
(q) Leachate shall refer to the liquid produced when waste undergo
decomposition, and when water percolate through solid waste undergoing

3
 decomposition. It is a contaminated liquid that contains dissolved and
suspended materials;

(r) Materials recovery facility – includes a solid waste transfer station or sorting
station, drop-off center, a composting facility, and a recycling facility;

(s) Municipal waste shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters;

(t) Open dump shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and
consideration for environmental and health standards;

(u) Opportunity to recycle shall refer to the act of providing a place for collecting
source-separated recyclable material, located either at a disposal site or at
another location more convenient to the population being served, and
collection at least once a month of source-separated recyclable material from
collection service customers and to providing a public education and
promotion program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material;

(v) Person(s) shall refer to any being, natural or juridical, susceptible of rights
and obligations, or of being the subject of legal relations;

(w) Post-consumer material shall refer only to those materials or products

generated by a business or consumer which have served their intended end
use, and which have been separated or diverted from solid waste for the
purpose of being collected, processed and used as a raw material in the
manufacturing of recycled product, excluding materials and by-products
generated from, and commonly used within an original manufacturing
process, such as mill scrap;

(x) Receptacles shall refer to individual containers used for the source
separation and the collection of recyclable materials;

(y) Recovered material shall refer to material and by-products that have been
recovered or diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacture of a recycled
product;

(z) Recyclable material shall refer to any waste material retrieved from the waste
stream and free from contamination that can still be converted into suitable
beneficial use or for other purposes, including, but not limited to, newspaper,
ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard,
aluminum, glass, office paper, tin cans and other materials as may be
determined by the Commission;

(aa) Recycled material shall refer to post-consumer material that has been
recycled and returned to the economy;

4
(bb) Recycling shall refer to the treating of used or waste materials through a
process of making them suitable for beneficial use and for other purposes,
and includes any process by which solid waste materials are transformed into
new products in such a manner that the original products may lose their
identity, and which may be used as raw materials for the production of other
goods or services: Provided, That the collection, segregation and re-use of
previously used packaging material shall be deemed recycling under this Act;

(cc) Resource conservation shall refer to the reduction of the amount of solid
waste that are generated or the reduction of overall resource consumption,
and utilization of recovered resources;

(dd) Resource recovery shall refer to the collection, extraction or recovery of

recyclable materials from the waste stream for the purpose of recycling,
generating energy or producing a product suitable for beneficial use:
Provided, That, such resource recovery facilities exclude incineration;

(ee) Re-use shall refer to the process of recovering materials intended for the
same or different purpose without the alteration of physical and chemical
characteristics;

(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed,
operated and maintained in a manner that exerts engineering control over
significant potential environmental impacts arising from the development and
operation of the facility;

(gg) Schedule of Compliance shall refer to an enforceable sequence of actions or

operations to be accomplished within a stipulated time frame leading to
compliance with a limitation, prohibition, or standard set forth in this Act or
any rule or regulation issued pursuant thereto;

(hh) Secretary shall refer to the Secretary of the Department of Environment and
Natural Resources;

(ii) Segregation shall refer to a solid waste management practice of separating

different materials found in solid waste in order to promote recycling and re-
use of resources and to reduce the volume of waste for collection and
disposal;

(jj) Segregation at source shall refer to a solid waste management practice of

separating, at the point of origin, different materials found in solid waste in
order to promote recycling and re-use of resources and to reduce the volume
of waste for collection and disposal;

(kk) Solid waste shall refer to all discarded household, commercial waste, non-
hazardous institutional and industrial waste, street sweepings, construction
debris, agriculture waste, and other non-hazardous/non-toxic solid waste.

Unless specifically noted otherwise, the term “solid waste” as used in this
Act shall not include:

5
 (1) waste identified or listed as hazardous waste of a solid, liquid, contained
gaseous or semisolid form which may cause or contribute to an increase
in mortality or in serious or incapacitating reversible illness, or
acute/chronic effect on the health of persons and other organisms;

(2) infectious waste from hospitals such as equipment, instruments, utensils,

and fomites of a disposable nature from patients who are suspected to
have or have been diagnosed as having communicable diseases and
must therefore be isolated as required by public health agencies,
laboratory wastes such as pathological specimens (i.e., all tissues,
specimens of blood elements, excreta, and secretions obtained from
patients or laboratory animals), and disposable fomites that may harbor
or transmit pathogenic organisms, and surgical operating room pathologic
specimens and disposable fomites attendant thereto, and similar
disposable materials from outpatient areas and emergency rooms; and

(3) waste resulting from mining activities, including contaminated soil and
debris.

(ll) Solid waste management shall refer to the discipline associated with the
control of generation, storage, collection, transfer and transport, processing,
and disposal of solid wastes in a manner that is in accord with the best
principles of public health, economics, engineering, conservation, aesthetics,
and other environmental considerations, and that is also responsive to public
attitudes;

(mm)Solid waste management facility shall refer to any resource recovery system
or component thereof; any system, program, or facility for resource
conservation; any facility for the collection, source separation, storage,
transportation, transfer, processing, treatment, or disposal of solid waste;

(nn) Source reduction shall refer to the reduction of solid waste before it enters
the solid waste stream by methods such as product design, materials
substitution, materials re-use and packaging restrictions;

(oo) Source separation shall refer to the sorting of solid waste into some or all of
its component parts at the point of generation;

(pp) Special wastes shall refer to household hazardous wastes such as paints,
thinners, household batteries, lead-acid batteries, spray canisters and the
like. These include wastes from residential and commercial sources that
comprise of bulky wastes, consumer electronics, white goods, yard wastes
that are collected separately, batteries, oil, and tires. These wastes are
usually handled separately from other residential and commercial wastes;

(qq) Storage shall refer to the interim containment of solid waste after generation
and prior to collection for ultimate recovery or disposal;

(rr) Transfer stations shall refer to those facilities utilized to receive solid wastes,
temporarily store, separate, convert, or otherwise process the materials in the

6
 solid wastes, or to transfer the solid wastes directly from smaller to larger
vehicles for transport. This term does not include any of the following:

(1) a facility whose principal function is to receive, store, separate, convert,

or otherwise process in accordance with national minimum standards,
manure;

(2) a facility, whose principal function is to receive, store, convert, or

otherwise process wastes which have already been separated for re-use
and are not intended for disposal; and

(3) the operations premises of a duly licensed solid waste handling operator
who receives, stores, transfers, or otherwise processes wastes as an
activity incidental to the conduct of a refuse collection and disposal
business.

(ss) Waste diversion shall refer to activities which reduce or eliminate the amount
of solid wastes from waste disposal facilities;

(tt) White goods shall refer to large worn-out or broken household, commercial,
and industrial appliances such as stoves, refrigerators, dishwaters, and
clothes washers and dryers collected separately. White goods are usually
dismantled for the recovery of specific materials (e.g., copper, aluminum,
etc.); and

(uu) Yard waste shall refer to wood, small or chipped branches, leaves, grass
clippings, garden debris, vegetables residue that is recognizable as part of a
plant or vegetable and other materials identified by the Commission.

CHAPTER II
INSTITUTIONAL MECHANISM

Section 4. National Solid Waste Management Commission. --There is

hereby established a National Solid Waste Management Commission, hereinafter
referred to as the Commission, under the Office of the President. The Commission shall
be composed of fourteen (14) members from the government sector and three (3)
members from the private sector. The government sector shall be represented by the
heads of the following agencies in their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR);

(2) Department of Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Works and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Trade and Industry (DTI);

7
 (7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;

(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of barangay councils;

(13) Technical Education and Skills Development Authority (TESDA); and

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose

principal purpose is to promote recycling and the protection of air and
water quality;

(b) A representative from the recycling industry; and

(c) A representative from the manufacturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or
sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or

packaging industries shall be nominated through a process designed by themselves and
shall be appointed by the President for a term of three (3) years.

Provided, further, That the Secretaries of the member agencies of the

Commission shall formulate action plans for their respective agencies to complement the
National Solid Waste Management Framework.

The Department Secretary and a private sector representative of the

Commission shall serve as chairman and vice chairman, respectively. The private sector
representatives of the Commission shall be appointed on the basis of their integrity, high
degree of professionalism and having distinguished themselves in environmental and
resource management. The members of the Commission shall serve and continue to
hold office until their successors shall have been appointed and qualified. Should a
member of the Commission fail to complete his/her term, the successor shall be
appointed by the President of the Philippines but only for the unexpired portion of the
term. Finally, the members shall be entitled to reasonable traveling expenses and
honoraria.

The Department, through the Environmental Management Bureau, shall provide

secretariat support to the Commission. The Secretariat shall be headed by an executive

8
director who shall be nominated by the members of the Commission and appointed by
the chairman.

Section 5. Powers and Functions of the Commission. -- The Commission

shall oversee the implementation of solid waste management plans and prescribe
policies to achieve the objectives of this Act. The Commission shall undertake the
following activities:

(a) Prepare the National Solid Waste Management Framework;

(b) Approve local solid waste management plans in accordance with its rules and
regulations;

(c) Review and monitor the implementation of local solid waste management
plans;

(d) Coordinate the operation of local solid waste management boards in the
provincial and city/municipal levels;

(e) To the maximum extent feasible, utilizing existing resources, assist provincial,
city and municipal solid waste management boards in the preparation,
modification, and implementation of waste management plans;

(f) Develop a model provincial, city and municipal solid waste management plan
that will establish prototypes of the content and format which provinces, cities
and municipalities may use in meeting the requirements of the National Solid
Waste Management Framework;

(g) Adopt a program to provide technical and other capability building assistance
and support to local government units in the development and
implementation of source reduction programs;

(h) Develop and implement a program to assist local government units in the
identification of markets for materials that are diverted from disposal facilities
through re-use, recycling, and composting, and other environment-friendly
methods;

(i) Develop a mechanism for the imposition of sanctions for the violation of
environmental rules and regulations;

(j) Manage the Solid Waste Management Fund;

(k) Develop and prescribe procedures for the issuance of appropriate permits
and clearances;

(l) Review the incentives scheme for effective solid waste management, for
purposes of ensuring relevance and efficiency in achieving the objectives of
this Act;

(m) Formulate the necessary education promotion and information campaign

strategies;

9
 (n) Establish, after notice and hearing of the parties concerned, standards,
criteria, guidelines and formula that are fair, equitable and reasonable in
establishing tipping charges and rates that the proponent will charge in the
operation and management of solid waste management facilities and
technologies;

(o) Develop safety nets and alternative livelihood programs for small recyclers
and other sectors that will be affected as a result of the construction and/or
operation of a solid waste management recycling plant or facility;

(p) Formulate and update a list of non-environmentally acceptable materials in

accordance with the provisions of this Act. For this purpose, it shall be
necessary that proper consultation be conducted by the Commission with all
concerned industries to ensure a list that is based on technological and
economic viability;

(q) Encourage private sector initiatives, community participation and investments

resource recovery-based livelihood programs for local communities;

(r) Encourage all local government agencies and all local government units to
patronize products manufactured using recycled and recyclable materials;

(s) Propose and adopt regulations requiring the source separation and post
separation collection, segregated collection, processing, marketing and sale
of organic and designated recyclable material generated in each local
government unit; and

(t) Study and review the following:

(i) Standards, criteria and guidelines for the promulgation and

implementation of an integrated national solid waste management
framework; and

(ii) Criteria and guidelines for siting, design, operation and maintenance of
solid waste management facilities.

Section 6. Meetings. -- The Commission shall meet at least once a month.

The presence of at least a majority of the members shall constitute a quorum. The
chairman, or in his absence the vice-chairman, shall be presiding officer. In the absence
of the heads of the agencies mentioned in Section 4 of this Act, they may designate
permanent representatives to attend the meetings.

Section 7. The National Ecology Center. -- There shall be established a

National Ecology Center under the Commission which shall provide consulting,
information, training, and networking services for the implementation of the provisions of
this Act.

In this regard, its shall perform the following functions:

10
 (a) Facilitate training and education in integrated ecological solid waste
management;

(b) Establish and manage a solid waste management information data base, in
coordination with the DTI and other concerned agencies:

(1) on solid waste generation and management techniques as well as the

management, technical and operational approaches to resource
recovery; and

(2) of processors/recyclers, the list of materials being recycled or bought by

them and their respective prices;

(c) Promote the development of a recycling market through the establishment of

a national recycling network that will enhance the opportunity to recycle;

(d) Provide or facilitate expert assistance in pilot modeling of solid waste

management facilities; and

(e) Develop, test, and disseminate model waste minimization and reduction
auditing procedures for evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his
ex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts
including those from the academe, inventors, practicing professionals, business and
industry, youth, women and other concerned sectors, who shall be screened according
to qualifications set by the Commission.

Section 8. Role of the Department. -- For the furtherance of the objectives of

this Act, the Department shall have the following functions:

(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management Status Report;

(c) Prepare and distribute information, education and communication materials

on solid waste management;

(d) Establish methods and other parameters for the measurement of waste
reduction, collection and disposal;

(e) Provide technical and other capability building assistance and support to the
LGUs in the development and implementation of local solid waste
management plans and programs;

(f) Recommend policies to eliminate barriers to waste reduction programs;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with
this Act;
(h) Perform such other powers and functions necessary to achieve the objectives
to this Act; and

11
 (i) Issue rules and regulations to effectively implement the provisions of this Act.

Section 9. Visitorial Powers of the Department. -- The Department or its

duly authorized representative shall have access to, and the right to copy therefrom, the
records required to be maintained pursuant to the provisions of this Act. The Secretary
or the duly authorized representative shall likewise have the right to enter the premises
of any generator, recycler or manufacturer, or other facilities any time to question any
employee or investigate any fact, condition or matter which may be necessary to
determine any violation, or which may aid in the effective enforcement of this Act and its
implementing rules and regulations. This Section shall not apply to private dwelling
places unless the visitorial power is otherwise judicially authorized.

Section 10. Role of LGUs in Solid Waste Management. -- Pursuant to the

relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code,
the LGUs shall be primarily responsible for the implementation and enforcement of the
provisions of this Act within their respective jurisdictions.

Segregation and collection of solid waste shall be conducted at the barangay

level specifically for biodegradable, compostable and reusable wastes: Provided, That
the collection of non-recyclable materials and special wastes shall be the responsibility
of the municipality or city.

Section 11. Provincial Solid Waste Management Board. -- A Provincial Solid

Waste Management Board shall be established in every province, to be chaired by the
governor. Its members shall include:

(a) All the mayors of its component cities and municipalities;

(b) One (1) representative from the Sangguniang Panlalawigan to be

represented by the chairperson of either the Committees on Environment or
Health or their equivalent committees, to be nominated by the presiding
officer;

(c) The provincial health and/or general services officers, whichever may be
recommended by the governor;

(d) The provincial environment and natural resources officer;

(e) The provincial engineer;

(f) Congressional representative/s from each congressional district within the

province;

(g) A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;

(h) A representative from the recycling industry;

(i) A representative from the manufacturing or packaging industry; and

12
 (j) A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the Board.

The Provincial Solid Waste Management Board may, from time to time, call on
any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or

packaging industries shall be selected through a process designed by themselves and
shall be endorsed by the government agency representatives of the Board: Provided,
further, That in the Province of Palawan, the Board shall be chaired by the chairman of
the Palawan Council for Sustainable Development, pursuant to Republic Act No. 7611.

In the case of Metro Manila, the Board shall be chaired by the chairperson of the
MMDA and its members shall include:

(i) all mayors of its component cities and municipalities;

(ii) A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;

(iii) A representative from the recycling industry; and

(iv) A representative from the manufacturing or packaging industry.

The Board may, from time to time, call on any other concerned agencies or
sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or

packaging industries shall be selected through a process designed by themselves and
shall be endorsed by the government agency representatives of the Board.

The Provincial Solid Waste Management Board shall have the following functions
and responsibilities:

(1) Develop a provincial solid waste management plan from the submitted solid
waste management plans of the respective city and municipal solid waste
management boards herein created. It shall review and integrate the
submitted plans of all its component cities and municipalities and ensure that
the various plans complement each other, and have the requisite
components. The Provincial Solid Waste Management Plan shall be
submitted to the Commission for approval.

The Provincial Plan shall reflect the general program of action and initiatives
of the provincial government in implementing a solid waste management
program that would support the various initiatives of its component cities and
municipalities.

(2) Provide the necessary logistical and operational support to its component
cities and municipalities in consonance with subsection (f) of Section 17 of
the Local Government Code;

13
 (3) Recommend measures and safeguards against pollution and for the
preservation of the natural ecosystem;

(4) Recommend measures to generate resources, funding and implementation of

projects and activities as specified in the duly approved solid waste
management plans;

(5) Identify areas within its jurisdiction which have common solid waste
management problems and are appropriate units for planning local solid
waste management services in accordance with Section 41 hereof;

(6) Coordinate the efforts of the component cities and municipalities in the
implementation of the Provincial Solid Waste Management Plan;

(7) Develop an appropriate incentive scheme as an integral component of the

Provincial Solid Waste Management Plan;

(8) Convene joint meetings of the provincial, city and municipal solid waste
management boards at least every quarter for purposes of integrating,
synchronizing, monitoring and evaluating the development and
implementation of its provincial solid waste management plan;

(9) Represent any of its component city or municipality in coordinating its

resource and operational requirements with agencies of the national
government;

(10) Oversee the implementation of the Provincial Solid Waste Management Plan;

(11) Review every two (2) years or as the need arises the Provincial Solid Waste
Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international
developments in the field of solid waste management; and

(12) Allow for the clustering of LGUs for the solution of common solid waste
management problems.

Section 12. City and Municipal Solid Waste Management Board. -- Each
city or municipality shall form a City or Municipal Waste Management Board that shall
prepare, submit and implement a plan for the safe and sanitary management of solid
waste generated in areas under its geographic and political coverage.

The City or Municipal Solid Waste Management Board shall be composed of the
city or municipal mayor as head with the following as members:

(a) One (1) representative of the Sangguniang Panlungsod or the Sangguniang

Bayan, preferably chairpersons of either the Committees on Environment or
Health, who will be designated by the presiding officer;
(b) President of the Association of Barangay Councils in the municipality or city;

(c) Chairperson of the Sangguniang Kabataan Federation;

14
 (d) A representative from NGOs whose principal purpose is to promote recycling
and the protection of air and water quality;

(e) A representative from the recycling industry;

(f) A representative from the manufacturing or packaging industry; and

(g) A representative of each concerned government agency possessing relevant

technical and marketing expertise as may be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time,
call on any concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or

packaging industries shall be selected through a process designed by themselves and
shall be endorsed by the government agency representatives of the Board.

The City and Municipal Solid Waste Boards shall have the following duties and
responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall
ensure the long-term management of solid waste, as well as integrate the
various solid waste management plans and strategies of the barangays in its
area of jurisdiction. In the development of the Solid Waste Management Plan,
it shall conduct consultations with the various sectors of the community;

(2) Adopt measures to promote and ensure the viability and effective
implementation of solid waste management programs in its component
barangays;

(3) Monitor the implementation of the City or Municipal Solid Waste Management
Plan through its various political subdivisions and in cooperation with the
private sector and the NGOs;

(4) Adopt specific revenue-generating measures to promote the viability of its

Solid Waste Management Plan;

(5) Convene regular meetings for purposes of planning and coordinating the
implementation of the solid waste management plans of the respective
component barangays;

(6) Oversee the implementation of the City or Municipal Solid Waste

Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid
Waste Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international
developments in the field of solid waste management;

(8) Develop the specific mechanics and guidelines for the implementation of the
City or Municipal Solid Waste Management Plan;

15
 (9) Recommend to appropriate local government authorities specific measures
or proposals for franchise or build-operate-transfer agreements with duly
recognized institutions, pursuant to R.A. 6957, to provide either exclusive or
non-exclusive authority for the collection, transfer, storage, processing,
recycling or disposal of municipal solid waste. The proposals shall take into
consideration appropriate government rules and regulations on contracts,
franchises and build-operate-transfer agreements;

(10) Provide the necessary logistical and operational support to its component
cities and municipalities in consonance with subsection (f) of Section 17 of
the Local Government Code;

(11) Recommend measures and safeguards against pollution and for the
preservation of the natural ecosystem; and

(12) Coordinate the efforts of its component barangays in the implementation of

the city or municipal Solid Waste Management Plan.

Section 13. Establishment of Multi-Purpose Environment Cooperatives or

Associations in Every LGU. -- Multi-purpose cooperatives and associations that shall
undertake activities to promote the implementation and/or directly undertake projects in
compliance with the provisions of this Act shall be encouraged and promoted in every
LGU.

CHAPTER III
COMPREHENSIVE SOLID WASTE MANAGEMENT

Article 1
General Provisions

Section 14. National Solid Waste Management Status Report. -- The

Department, in coordination with the DOH and other concerned agencies, shall within six
(6) months after the effectivity of this Act, prepare a National Solid Waste Management
Status Report which shall be used as a basis in formulating the National Solid Waste
Management Framework provided in Section 15 of this Act. The concerned agencies
shall submit to the Department relevant data necessary for the completion of the said
report within three (3) months following the effectivity of this Act. The said report shall
include, but shall not be limited to, the following:

(a) Inventory of existing solid waste facilities;

(b) General waste characterization, taking into account the type, quantity of
waste generated and estimation of volume and type of waste for reduction
and recycling;
(c) Projection of waste generation;

(d) The varying regional geologic, hydrologic, climatic, and other factors vital in
the implementation of solid waste practices to ensure the reasonable
protection of:

16
 (1) the quality of surface and groundwater from leachate contamination;

(2) the quality of surface waters from surface run-off contamination; and

(3) ambient air quality.

(e) Population density, distribution and projected growth;

(f) The political, economic, organizational, financial and management problems

affecting comprehensive solid waste management;

(g) Systems and techniques of waste reduction, re-use and recycling;

(h) Available markets for recyclable materials;

(i) Estimated cost of collecting, storing, transporting, marketing and disposal of

wastes and recyclable materials; and

(j) Pertinent qualitative and quantitative information concerning the extent of

solid waste management problems and solid waste management activities
undertaken by local government units and waste operators.

Provided, That the Department, in consultation with concerned agencies, shall

review, update and publish a National Solid Waste Management Status Report every
two (2) years or as the need arises.

Section 15. National Solid Waste Management Framework. -- Within six (6)
months from the completion of the National Solid Waste Management Status Report
under Section 14 of this Act, the Commission created under Section 4 of this Act shall,
with public participation, formulate and implement a National Solid Waste Management
Framework. Such framework shall consider and include:

(a) Analysis and evaluation of the current state, trends projections of solid waste
management on the national, provincial and municipal levels;

(b) Identification of critical solid waste facilities and local government units which
will need closer monitoring and/or regulation;

(c) Characteristics and conditions of collection, storage, processing, disposal,

operating methods, techniques and practices, location of facilities where such
operating methods, techniques and practices are conducted, taking into
account the nature of the waste;

(d) Waste diversion goal pursuant to Section 20 of this Act;

(e) Schedule for the closure and/or upgrading of open and controlled dumps
pursuant to Section 37 of this Act;

(f) Methods of closing or upgrading open dumps for purposes of eliminating

potential health hazards;

17
 (g) The profile of sources, including industrial, commercial, domestic and other
sources;

(h) Practical applications of environmentally sound techniques of waste

minimization such as, but not limited to, resource conservation, segregation
at source, recycling, resource recovery, including waste-to-energy
generation, re-use and composting;

(i) A technical and economic description of the level of performance that can be
attained by various available solid waste management practices which
provide for the protection of public health and the environment;

(j) Appropriate solid waste facilities and conservation systems;

(k) Recycling programs for the recyclable materials, such as but not limited to
glass, paper, plastic and metal;

(l) Venues for public participation from all sectors at all phases/stages of the
waste management program/project;

(m) Information and education campaign strategies;

(n) A description of levels of performance and appropriate methods and degrees

of control that provide, at the minimum, for protection of public health and
welfare through:

(1) Protection of the quality of groundwater and surface waters from leachate
and run-off contamination;

(2) Disease and epidemic prevention and control;

(3) Prevention and control of offensive odor; and

(4) Safety and aesthetics.

(o) Minimum criteria to be used by the local government units to define

ecological solid waste management practices. As much as practicable, such
guidelines shall also include minimum information for use in deciding the
adequate location, design, and construction of facilities associated with solid
waste management practices, including the consideration of regional,
geographic, demographic, and climatic factors; and

(p) The method and procedure for the phaseout and the eventual closure within
eighteen (18) months from effectivity of this Act in case of existing open
dumps and/or sanitary landfills located within an aquifer, groundwater
reservoir or watershed area.

Section 16. Local Government Solid Waste Management Plans. -- The

province, city or municipality, through its local solid waste management boards, shall
prepare its respective 10-year solid waste management plans consistent with the

18
National Solid Waste Management Framework: Provided, That the waste management
plan shall be for the re-use, recycling and composting of wastes generated in their
respective jurisdictions: Provided, further, That the solid waste management plan of the
LGU shall ensure the efficient management of solid waste generated within its
jurisdiction. The plan shall place primary emphasis on implementation of all feasible re-
use, recycling, and composting programs while identifying the amount of landfill and
transformation capacity that will be needed for solid waste which cannot be re-used,
recycled, or composted. The plan shall contain all the components provided in Section
17 of this Act and a timetable for the implementation of the solid waste management
program in accordance with the National Framework and pursuant to the provisions of
this Act: Provided, finally, That it shall be reviewed and updated every year by the
provincial, city or municipal solid waste management board.

For LGUs which have considered solid waste management alternatives to

comply with Section 37 of this Act, but are unable to utilize such alternatives, a timetable
or schedule of compliance specifying the remedial measures and eventual compliance
shall be included in the plan.

All local government solid waste management plans shall be subjected to the
approval of the Commission. The plan shall be consistent with the national framework
and in accordance with the provisions of this Act and of the policies set by the
Commission: Provided, That in the Province of Palawan, the local government solid
waste management plan shall be approved by the Palawan Council for Sustainable
Development, pursuant to R.A. No. 7611.

Section 17. The Components of the Local Government Solid Waste

Management Plan. – The solid waste management plan shall include, but not limited to,
the following components:

(a) City or Municipal Profile – The plan shall indicate the following background
information on the city or municipality and following background information
on the city or municipality and its component barangays, covering important
highlights of the distinct geographic and other conditions:

(1) Estimated population of each barangay within the city or municipality and
population projection for a 10-year period;

(2) Illustration or map of the city/municipality, indicating locations of

residential, commercial, and industrial centers, and agricultural area, as
well as dump sites, landfills and other solid waste facilities. The
illustration shall indicate as well, the proposed sites for disposal and other
solid waste facilities;

(3) Estimated solid waste generation and projection by source, such as

residential, market, commercial, industrial, construction/demolition, street
waste, agricultural, agro-industrial, institutional, other wastes; and

(4) Inventory of existing waste disposal and other solid waste facilities and
capacities.

19
(b) Waste characterization – For the initial source reduction and recycling
element of a local waste management plan, the LGU waste characterization
component shall identify the constituent materials which comprise the solid
waste generated within the jurisdiction of the LGU. The information shall be
representative of the solid waste generated and disposed of within that area.
The constituent materials shall be identified by volume, percentage in weight
or its volumetric equivalent, material type, and source of generation which
includes residential, commercial, industrial governmental, or other sources.
Future revisions of waste characterization studies shall identify the
constituent materials which comprise the solid waste disposed of at permitted
disposal facilities.

(c) Collection and Transfer – The plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area in every
barangay. The barangay shall be responsible for ensuring that a 100%
collection efficiency from residential, commercial, industrial and agricultural
sources, where necessary within its area of coverage, is achieved. Toward
this end, the plan shall define and identify the specific strategies and activities
to be undertaken by its component barangays, taking into account the
following concerns:

(1) Availability and provision of properly designed containers or receptacles

in selected collection points for the temporary storage of solid waste while
awaiting collection and transfer to processing sites or to final disposal
sites;

(2) Segregation of different types of solid waste for re-use, recycling and
composting;

(3) Hauling and transfer of solid waste from source or collection points to
processing sites or final disposal sites;

(4) Issuance and enforcement of ordinances to effectively implement a

collection system in the barangay; and

(5) Provision of properly trained officers and workers to handle solid waste
disposal.

The plan shall define and specify the methods and systems for the
transfer of solid waste from specific collection points to solid waste
management facilities.

(d) Processing – The plan shall define the methods and the facilities required to
process the solid waste, including the use of intermediate treatment facilities
for composting, recycling, conversion and other waste processing systems.
Other appropriate waste processing technologies may also be considered
provided that such technologies conform with internationally acceptable and
other standards set in other laws and regulations.

(e) Source reduction – The source reduction component shall include a program
and implementation schedule which shows the methods by which the LGU

20
 will, in combination with the recycling and composting components, reduce a
sufficient amount of solid waste disposed of in accordance with the diversion
requirements of Section 20.

The source reduction component shall describe the following:

(1) strategies in reducing the volume of solid waste generated at source;

(2) measures for implementing such strategies and the resources necessary
to carry out such activities;

(3) other appropriate waste reduction technologies that may also be

considered, provided that such technologies conform with the standards
set pursuant to this Act;

(4) the types of wastes to be reduced pursuant to Section 15 of this Act;

(5) the methods that the LGU will use to determine the categories of solid
wastes to be diverted from disposal at a disposal facility through re-use,
recycling and composting; and

(6) new facilities and of expansion of existing facilities which will be needed
to implement re-use, recycling and composting.

The LGU source reduction component shall include the evaluation and
identification of rate structures and fees for the purpose of reducing the
amount of waste generated, and other source reduction strategies, including
but not limited to, programs and economic incentives provided under Section
45 of this Act to reduce and use of non-recyclable materials, replace
disposable materials and products with reusable materials and products,
reduce packaging, and increase the efficiency of the use of paper, cardboard,
glass, metal, and other materials. The waste reduction activities of the
community shall also take into account, among others, local capability,
economic viability, technical requirements, social concerns, disposition of
residual waste and environmental impact: Provided, That, projection of future
facilities needed and estimated cost shall be incorporated in the plan.

(f) Recycling – The recycling component shall include a program and

implementation schedule which shows the methods by which the LGU shall,
in combination with the source reduction and composting components,
reduce a sufficient amount of solid waste disposed of in accordance with the
diversion requirements set in Section 20.

The LGU recycling component shall describe the following:

(1) The types of materials to be recycled under the programs;

(2) The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through recycling; and

21
 (3) New facilities and expansion of existing facilities needed to implement the
recycling component.

The LGU recycling component shall describe methods for developing the
markets for recycled materials, including, but not limited to, an evaluation of
the feasibility of procurement preferences for the purchase of recycled
products. Each LGU may determine and grant a price preference to
encourage the purchase of recycled products.

The five-year strategy for collecting, processing, marketing and selling the
designated recyclable materials shall take into account persons engaged in
the business of recycling or persons otherwise providing recycling services
before the effectivity of this Act. Such strategy may be based upon the results
of the waste composition analysis performed pursuant to this Section or
information obtained in the course of past collection of solid waste by the
local government unit, and may include recommendations with respect to
increasing the number of materials designated for recycling pursuant to this
Act.

The LGU recycling component shall evaluate industrial, commercial,

residential, agricultural, governmental, and other curbside, mobile, drop-off,
and buy-back recycling programs, manual and automated materials recovery
facilities, zoning, building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall indicate the
specific measures to be undertaken to meet the waste diversion specified
under Section 20 of this Act.

Recommended revisions to the building ordinances, requiring newly-

constructed buildings and buildings undergoing specified alterations to
contain storage space, devices or mechanisms that facilitate source
separation and storage of designated recyclable materials to enable the local
government unit to efficiently collect, process, market and sell the designated
materials. Such recommendations shall include, but shall not be limited to
separate chutes to facilitate source separation in multi-family dwellings,
storage areas that conform to fire and safety code regulations, and
specialized storage containers.

The Solid Waste Management Plan shall indicate the specific measures
to be undertaken to meet the recycling goals pursuant to the objectives of this
Act.

(g) Composting -- The composting component shall include a program and

implementation schedule which shows the methods by which the LGU shall,
in combination with the source reduction and recycling components, reduce a
sufficient amount of solid waste disposed of within its jurisdiction to comply
with the diversion requirements of Section 20 hereof.

The LGU composting components shall describe the following:

(1) The types of materials which will be composted under the programs;

22
 (2) The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through composting; and

(3) New facilities, and expansion of existing facilities needed to implement

the composting component.

The LGU composting component shall describe methods for developing

the markets for composted materials, including, but not limited to, an
evaluation of the feasibility of procurement preferences for purchase of
composted products. Each LGU may determine and grant a price preference
to encourage the purchase of composted products.

(h) Solid waste facility capacity and final disposal -- The solid waste facility
component shall include, but shall not be limited to, a projection of the
amount of disposal capacity needed to accommodate the solid waste
generated, reduced by the following:

(1) Implementation of source reduction, recycling, and composting programs

required in this Section or through implementation of other waste
diversion activities pursuant to Section 20 of this Act;

(2) Any permitted disposal facility which will be available during the 10-year
planning period; and

(3) All disposal capacity which has been secured through an agreement with
another LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste
management facilities in the city or municipality or in other areas. The plan
shall specify the strategies for the efficient disposal of waste through existing
disposal facilities and the identification of prospective sites for future use. The
selection and development of disposal sites shall be made on the basis of
internationally accepted standards and on the guidelines set in Sections 41
and 42 of this Act.

Strategies shall be included to improve said existing sites to reduce

adverse impact on health and the environment, and to extend life span and
capacity. The plan shall clearly define projections for future disposal site
requirements and the estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open
dump site is existing within the city or municipality, the plan shall make
provisions for its closure or eventual phase out within the period specified
under the framework and pursuant to the provisions under Section 37 of this
Act. As an alternative, sanitary landfill sites shall be developed and operated
as a final disposal site for solid and, eventually, residual wastes of a
municipality or city or a cluster of municipalities and/or cities. Sanitary landfills
shall be designed and operated in accordance with the guidelines set under
Sections 40 and 41 of this Act.

23
 (i) Education and public information -- The education and public information
component shall describe how the LGU will educate and inform its citizens
about the source reduction, recycling, and composting programs.

The plan shall make provisions to ensure that information on waste

collection services, solid waste management and related health and
environmental concerns are widely disseminated among the public. This shall
undertaken through the print and broadcast media and other government
agencies in the municipality. The DECS and the Commission on Higher
Education shall ensure that waste management shall be incorporated in the
curriculum of primary, secondary and college students.

(j) Special waste -- The special waste component shall include existing waste
handling and disposal practices for special waste or household hazardous
wastes, and the identification of current and proposed programs to ensure
the proper handling, re-use, and long-term disposal of special wastes.

(k) Resource requirement and funding -- The funding component includes

identification and description of project costs, revenues, and revenue sources
the LGU will use to implement all components of the LGU solid waste
management plan.

The plan shall likewise indicate specific projects, activities, equipment and
technological requirements for which outside sourcing of funds or materials
may be necessary to carry out the specific components of the plan. It shall
define the specific uses for its resource requirements and indicate its costs.
The plan shall likewise indicate how the province, city or municipality intends
to generate the funds for the acquisition of its resource requirements. It shall
also indicate if certain resource requirements are being or will be sourced
from fees, grants, donations, local funding and other means. This will serve
as basis for the determination and assessment of incentives which may be
extended to the province, city or municipality as provided for in Section 45 of
this Act.

(l) Privatization of solid waste management projects -- The plan shall likewise
indicate specific measures to promote the participation of the private sector in
the management of solid wastes, particularly in the generation and
development of the essential technologies for solid waste management.
Specific projects or component activities of the plan which may be offered as
private sector investment activity shall be identified and promoted as such.
Appropriate incentives for private sector involvement in solid waste
management shall likewise be established and provided for in the plan, in
consonance with Section 45 hereof and other existing laws, policies and
regulations; and

(m) Incentive programs -- A program providing for incentives, cash or other wise,
which shall encourage the participation of concerned sectors shall likewise be
included in the plan.

Section 18. Owner and Operator. -- Responsibility for compliance with the
standards in this Act shall rest with the owner and/or operator. If specifically designated,

24
the operator is considered to have primary responsibility for compliance; however, this
does not relieve the owner of the duty to take all reasonable steps to assure compliance
with these standards and any assigned conditions. When the title to a disposal is
transferred to another person, the new owner shall be notified by the previous owner of
the existence of these standards and of the conditions assigned to assure compliance.

Section 19. Waste Characterization. -- The Department, in coordination with

the LGUs, shall be responsible for the establishment of the guidelines for the accurate
characterization of wastes including determination of whether or not wastes will be
compatible with containment features and other wastes, and whether or not wastes are
required to be managed as hazardous wastes under R.A. 6969, otherwise known as the
Toxic Substances and Hazardous and Nuclear Waste Control Act.

Section 20. Establishing Mandatory Solid Waste Diversion. -- Each LGU

plan shall include an implementation schedule which shows that within five (5) years
after the effectivity of this Act; the LGU shall divert at least 25% of all solid waste from
waste disposal facilities through re-use, recycling, and composting activities and other
resource recovery activities: Provided, That the waste diversion goals shall be increased
every three (3) years thereafter: Provided, further, That nothing in this Section prohibits a
local government unit from implementing re-use, recycling, and composting activities
designed to exceed the goal.

Article 2
Segregation of Wastes

Section 21. Mandatory Segregation of Solid Wastes. -- The LGUs shall

evaluate alternative roles for the public and private sectors in providing collection
services, type of collection system, or combination of systems, that best meet their
needs: Provided, That segregation of wastes shall primarily be conducted at the source,
to include household, institutional, industrial, commercial and agricultural sources:
Provided, further, That wastes shall be segregated into the categories provided in
Section 22 of this Act.

For premises containing six (6) or more residential units, the local government
unit shall promulgate regulations requiring the owner or person in charge of such
premises to:

(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the
municipality or private center; and

(b) notify the occupants of such buildings of the requirements of this Act and the
regulations promulgated pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste.
-- The following shall be the minimum standards and requirements for segregation and
storage of solid waste pending collection:

25
 (a) There shall be a separate container for each type of waste from all sources:
Provided, That in the case of bulky waste, it will suffice that the same be
collected and placed in a separate and designated area; and

(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as "compostable", "non-recyclable",
"recyclable" or "special waste", or any other classification as may be
determined by the Commission.

Article 3
Collection and Transport of Solid Waste

Section 23. Requirements for Collection of Solid Waste. -- The following

shall be the minimum standards and requirements for the collection of solid waste:

(a) All collectors and other personnel directly dealing with collection of solid
waste shall be equipped with personal protective equipment to protect them
from the hazards of handling solid wastes;

(b) Necessary training shall be given to the collectors and personnel to ensure
that the solid wastes are handled properly and in accordance with the
guidelines pursuant to this Act; and

(c) Collection of solid waste shall be done in a manner which prevents damage
to the container, and spillage or scattering of solid waste within the collection
vicinity.

Section 24. Requirements for the Transport of Solid Waste. -- The use of
separate collection schedules and/or separate trucks or haulers shall be required for
specific types of wastes. Otherwise, vehicles used for the collection and transport of
solid wastes shall have the appropriate compartments to facilitate efficient storing of
sorted wastes while in transit.

Vehicles shall be designed to consider road size, condition and capacity to

ensure the safe and efficient collection and transport of solid wastes.

The waste compartment shall have a cover to ensure the containment of solid
wastes while in transit.

For the purpose of identification, vehicles shall bear the body number, the name,
and telephone number of the contractor/agency collecting solid waste.

Section 25. Guidelines for Transfer Stations. - Transfer stations shall be

designed and operated for efficient waste handling capacity and in compliance with
environmental standards and guidelines set pursuant to this Act and other regulations:
Provided, That no waste shall be stored in such station beyond twenty-four (24) hours.

The siting of the transfer station shall consider the land use plan, proximity to
collection area, and accessibility of haul routes to disposal facility. The design shall give

26
primary consideration to size and space sufficiency in order to accommodate the waste
for storage and vehicles for loading and unloading of wastes.

Article 4
Recycling Program

Section 26. Inventory of Existing Markets for Recyclable Materials. - The

DTI shall, within six (6) months from the effectivity of this Act and in cooperation with the
Department, the DILG and other concerned agencies and sectors, publish a study of
existing markets for processing and purchasing recyclable materials and the potential
steps necessary to expand these markets. Such study shall include, but not be limited
to, an inventory of existing markets for recyclable materials, product standards for
recyclable and recycled materials, and a proposal, developed in conjunction with the
appropriate agencies, to stimulate the demand for the production of products containing
post-consumer and recovered materials.

Section 27. Requirement for Eco-Labeling. - The DTI shall formulate and
implement a coding system for packaging materials and products to facilitate waste
recycling and re-use.

Section 28. Reclamation Programs and Buy-back Centers for Recyclables

and Toxics. - The National Ecology Center shall assist LGUs in establishing and
implementing deposit or reclamation programs in coordination with manufacturers,
recyclers and generators to provide separate collection systems or convenient drop-off
locations for recyclable materials and particularly for separated toxic components of the
waste stream like dry cell batteries and tires to ensure that they are not incinerated or
disposed of in landfill. Upon effectivity of this Act, toxic materials present in the waste
stream should be separated at source, collected separately, and further screened and
sent to appropriate hazardous waste treatment and disposal plants, consistent with the
provisions of R.A. No. 6969.

Section 29. Non-Environmentally Acceptable Products. -- Within one (1)

year from the effectivity of this Act, the Commission shall, after public notice and
hearing, prepare a list of non-environmentally acceptable products as defined in this Act
that shall be prohibited according to a schedule that shall be prepared by the
Commission: Provided, however, That non-environmentally acceptable products shall
not be prohibited unless the Commission first finds that there are alternatives available
which are available to consumers at no more than ten percent (10%) greater cost than
the disposable product.

Notwithstanding any other provision to the contrary, this section shall not apply
to:

(a) Packaging used at hospitals, nursing homes or other medical facilities; and

(b) Any packaging which is not environmentally acceptable, but for which there is
no commercially available alternative as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-
environmentally acceptable products.

27
 Section 30. Prohibitation on the Use of Non-Environmentally Acceptable
Packaging. - No person owning, operating or conducting a commercial establishment in
the country shall sell or convey at retail or possess with the intent to sell or convey at
retail any products that are placed, wrapped or packaged in on packaging which is not
environmentally acceptable packaging: Provided, That the Commission shall determine
a phaseout period after proper consultation and hearing with the stakeholders or with the
sectors concerned. The presence in the commercial establishment of non-
environmentally acceptable packing shall constitute a rebuttable presumption of intent to
sell or convey the same at retail to customers.

Any person who is a manufacturer, broker or warehouse operator engaging in

the distribution or transportation of commercial products within the country shall file a
report with the concerned local government unit within one (1) year from the effectivity of
this Act, and annually thereafter, a listing of any products in packaging which is not
environmentally acceptable. The Commission shall prescribe the form of such report in
its regulations.

A violation of this Section shall be sufficient grounds for the revocation,

suspension, denial or non-renewal of any license for the establishment in which the
violation occurs.

Section 31. Recycling Market Development. - The Commission together

with the National Ecology Center, the DTI and the Department of Finance shall establish
procedures, standards and strategies to market recyclable materials and develop the
local marker for recycled goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and
grants for the establishment of privately-owned facilities to manufacture
finished products from post-consumer materials;

(b) guarantees by the national and local governments to purchase a percentage

of the output of the facility; and

(c) maintaining a list of prospective buyers, establishing contact with prospective

buyers and reviewing and making any necessary changes in collecting or
processing the materials to improve their marketability.

In order to encourage establishment of new facilities to produce goods from post-

consumer and recovered materials generated within local government units, and to
conserve energy by reducing materials transportation, whenever appropriate, each local
government unit may arrange for long-term contracts to purchase a substantial share of
the product output of a proposed facility which will be based in the jurisdiction of the local
government unit if such facility will manufacture such finished products from post-
consumer and recovered materials.

Section 32. Establishment of LGU Materials Recovery Facility. - There

shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of
barangays. The facility shall be established in a barangay-owned or leased land or any
suitable open space to be determined by the barangay through its Sanggunian. For this
purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for

28
the MRF. The determination of site and actual establishment of the facility shall likewise
be subject to the guidelines and criteria set pursuant to this Act. The MRF shall receive
mixed waste for final sorting, segregation, composting, and recycling. The resulting
residual wastes shall be transferred to a long-term storage or disposal facility or sanitary
landfill.

Section 33. Guidelines for Establishment of Materials Recovery Facility. -

Materials recovery facilities shall be designed to receive, sort, process, and store
compostable and recyclable material efficiently and in an environmentally sound
manner. The facility shall address the following considerations:

(a) The building and/or land layout and equipment must be designed to
accommodate efficient and safe materials processing, movement, and
storage; and

(b) The building must be designed to allow efficient and safe external access and
to accommodate internal flow.

Article 5
Composting

Section 34. Inventory of Markets for Composts. - Within six (6) months after
the effectivity of this Act, the DA shall publish an inventory of existing markets and
demands for composts. Said inventory shall thereafter be updated and published
annually: Provided, that the composting of agricultural wastes, and other compostable
materials, including but not limited to garden wastes, shall be encouraged.

Section 35. Guidelines for Compost Quality. - Compost products intended

to be distributed commercially shall conform with the standards for organic fertilizers set
by the DA. The DA shall assist the compost producers to ensure that the compost
products conform to such standards.

Article 6
Waste Management Facilities

Section 36. Inventory of Waste Disposal Facilities. -- Within six (6) months
from the effectivity of this Act, the Department, in cooperation with the DOH, DILG and
other concerned agencies, shall publish an inventory of all solid waste disposal facilities
or sites in the country.

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste. --
No open dumps shall be established and operated, nor any practice or disposal of solid
waste by any person, including LGUs, which constitutes the use of open dumps for solid
waste, be allowed after the effectivity of this Act: Provided, That within three (3) years
after the effectivity of this Act, every LGU shall convert its open dumps into controlled
dumps, in accordance with the guidelines set in Section 41 of this Act: Provided, further,
That no controlled dumps shall be allowed five (5) years following effectivity of this Act.

Section 38. Permit for Solid Waste Management Facility Construction and
Expansion. -- No person shall commence operation, including site preparation and

29
construction of a new solid waste management facility or the expansion of an existing
facility until said person obtains an Environmental Compliance Certificate (ECC) from the
Department pursuant to P.D. 1586 and other permits and clearances from concerned
agencies.

Section 39. Guidelines for Controlled Dumps. -- The following shall be the
minimum considerations for the establishment of controlled dumps:

(a) Regular inert cover;

(b) Surface water and peripheral site drainage control;

(c) Provision for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small working areas;

(e) Fence, including provision for litter control;

(f) Basic record-keeping;

(g) Provision of maintained access road;

(h) Controlled waste picking and trading;

(i) Post-closure site cover and vegetation; and

(j) Hydrogeological siting.

Section 40. Criteria for Siting a Sanitary Landfill. -- The following shall be
the minimum criteria for the siting of sanitary landfills:

(a) The site selected must be consistent with the overall land use plan of the
LGU;

(b) The site must be accessible from major roadways or thoroughfares;

(c) The site should have an adequate quantity of earth cover material that is
easily handled and compacted;

(d) The site must be chosen with regard for the sensitivities of the community's
residents;

(e) The size must be located in an area where the landfill’s operation will not
detrimentally affect environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area;

(f) The site should be large enough to accommodate the community’s wastes for
a period of five (5) years during which people must internalize the value of
environmentally sound and sustainable solid waste disposal;

30
 (g) The site chosen should facilitate developing a landfill that will satisfy
budgetary constraints, including site development, operation for many years,
closure, post-closure care and possible remediation costs;

(h) Operating plans must include provisions for coordinating with recycling and
resource recovery projects; and

(i) Designation of a separate containment area for household hazardous

wastes.

Section 41. Criteria for Establishment of Sanitary Landfill. – The following

shall be the minimum criteria for the establishment of sanitary landfills:

(a) Liners – a system of clay layers and/or geosynthetic membranes used to

contain leachate and reduce or prevent contaminant flow to groundwater;

(b) Leachate collection and treatment system – Installation of pipes at the low
areas of the liner to collect leachate for storage and eventual treatment and
discharge;

(c) Gas control recovery system – a series of vertical wells or horizontal trenches
containing permeable materials and perforated piping placed in the landfill to
collect gas for treatment or productive use as an energy source;

(d) Ground water monitoring well system – wells placed at an appropriate

location and depth for taking water samples that are representative of
groundwater quality;

(e) Cover – two (2) forms of cover consisting of soil and geosynthetic materials
to protect the waste from long-term contact with the environment:

(i) a daily cover place over the waste at the close of each day’s operations,
and;

(ii) a final cover, or cap, which is the material placed over the completed
landfill to control infiltration of water, gas emission to the atmosphere, and
erosion.

(f) Closure procedure – with the objectives of establishing low maintenance

cover systems and final cover that minimizes the infiltration of precipitation
into the waste. Installation of the final cover must be completed within six (6)
months of the least receipt of wastes; and

(g) Post-closure care procedure – During this period, the landfill owner shall be
responsible for providing for the general upkeep of the landfill, maintaining all
of the landfill’s environmental protection features, operating monitoring
equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.

31
 Section 42. Operating Criteria for Sanitary Landfills. – In the operation of a
sanitary landfill, each site operator shall maintain the following minimum operating
requirements:

(a) Disposal site records of, but not limited to:

(1) Records of weights or volumes accepted in a form and manner approved

by the Department. Such records shall be submitted to the Department
upon request, accurate to within ten percent (10 %) and adequate for
overall planning purposes and forecasting the rate of site filling;

(2) Records of excavations which may affect the safe and proper operation
of the site or cause damage to adjoining properties;

(3) Daily log book or file of the following information: fires, landslides,
earthquake damage, unusual and sudden settlement, injury and property
damage, accidents, explosions, receipt or rejection of unpermitted
wastes, flooding, and other unusual occurrences;

(4) Record of personnel training; and

(5) copy of written notification to the Department, local health agency, and
fire authority of names, addresses and telephone numbers of the
operator or responsible party of the site:

(b) Water quality monitoring of surface and ground waters and effluent, and gas
emissions;

(c) Documentation of approvals, determinations and other requirements by the

Department;

(d) Signs –

(1) Each point of access from a public road shall be posted with an easily
visible sign indicating the facility name and other pertinent information as
required by the Department;

(2) If the site is open to the public, there shall be an easily visible sign at the
primary entrance of the site indicating the name of the site operator, the
operator’s telephone number, and hours of operation; an easily visible
sign at an appropriate point shall indicate the schedule of charges and
the general types of materials which will be accepted or not;

(3) If the site is open to the public, there shall be an easily visible road sign
and/or traffic control measures which direct traffic to the active face and
other areas where wastes or recyclable materials will be deposited; and

(4) Additional signs and/or measures may be required at a disposal site by

the Department to protect personnel and public health and safety;

32
(e) Monitoring of quality of surface, ground and effluent waters, and gas
emissions;

(f) The site shall be designed to discourage unauthorized access by persons

and vehicles by using a perimeter barrier or topographic constraints. Areas
within the site where open storage or ponding of hazardous materials occurs
shall be separately fenced or otherwise secured as determined by the
Department. The Department may also require that other areas of the site be
fenced to create an appropriate level of security;

(g) Roads within the permitted facility boundary shall be designed to minimize
the generation of dust and the tracking of materials onto adjacent public
roads. Such roads shall be kept in safe condition and maintained such that
vehicle access and unloading can be conducted during inclement weather;

(h) Sanitary facilities consisting of adequate number of toilets and handwashing

facilities, shall be available to personnel at or in the immediate vicinity of the
site;

(i) Safe and adequate drinking water supply for the site personnel shall be
available;

(j) The site shall have communication facilities available to site personnel to
allow quick response to emergencies;

(k) Where operations are conducted during hours of darkness, the site and/or
equipment shall be equipped with adequate lighting as approved by the
Department to ensure safety and to monitor the effectiveness of operations;

(l) Operating and maintenance personnel shall wear and use appropriate safety
equipment as required by the Department;

(m) Personnel assigned to operate the site shall be adequately trained in subject
pertinent to the site operation and maintenance, hazardous materials
recognition and screening and heavy equipment operations, with emphasis
on safety, health, environmental controls and emergency procedures. A
record of such training shall be placed in the operating record;

(n) The site operator shall provide adequate supervision of a sufficient number of
qualified personnel to ensure proper operation of the site in compliance with
all applicable laws, regulations, permit conditions and other requirements.
The operator shall notify the Department and local health agency in writing of
the names, addresses, and telephone number of the operator or responsible
party. A copy of the written notification shall be placed in the operating
record;

(o) Any disposal site open to the public shall have an attendant present during
public operating hours or the site shall be inspected by the operator on a
regularly scheduled basis, as determined by the Department;

33
 (p) Unloading of solid wastes shall be confined to a small area as possible to
accommodate the number of vehicles using the area without resulting in
traffic, personnel, or public safety hazards. Waste materials shall normally be
deposited at the toe of the fill, or as otherwise approved by the Department;

(q) Solid waste shall be spread and compacted in layers with repeated passages
of the landfill equipment to minimize voids within the cell and maximize
compaction. The loose layer shall not exceed a depth approximately two feet
before compaction. Spreading and compacting shall be accomplished as
rapidly as practicable, unless otherwise approved by the Department;

(r) Covered surfaces of the disposal area shall be graded to promote lateral
runoff of precipitation and to prevent ponding. Grades shall be established of
sufficient slopes to account for future settlement of the fill surface. Other
effective maintenance methods may be allowed by the Department; and

(s) Cover material or native material unsuitable for cover, stockpiled on the site
for use or removal, shall be placed so as not to cause problems or interfere
with unloading, spreading, compacting, access, safety, drainage, or other
operations.

Article 7
Local Government Solid Waste Management

Section 43. Guidelines for Identification of Common Solid Waste

Management Problems. – For purposes of encouraging and facilitating the
development of local government plans for solid waste management, the Commission
shall, as soon as practicable but no later than six (6) moths from the effectivity of this
Act, publish guidelines for the identification of those areas which have common solid
waste management problems and are appropriate units for clustered solid waste
management services. The guidelines shall be based on the following:

(a) the size and location of areas which should be included;

(b) the volume of solid waste which would be generated;

(c) the available means of coordinating local government planning between and
among the LGUs and for the integration of such with the national plan; and

(d) possible lifespan of the disposal facilities.

Section 44. Establishment of Common Waste Treatment and Disposal

Facilities. – Pursuant to Sec. 33 of R.A. 7160, otherwise known as the Local
Government Code, all provinces cities, municipalities and barangays, through
appropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts,
services, and resources for purposes of jointly addressing common solid waste
management problems and/or establishing common waste disposal facilities.

34
 The Department, the Commission and local solid waste management boards
shall provide technical and marketing assistance to the LGUs.

CHAPTER IV
Incentives

Section 45. Incentives. – (a) Rewards, monetary or otherwise, shall be provided

to individuals, private organizations and entities, including non-government
organizations, that have undertaken outstanding and innovative projects, technologies,
processes and techniques or activities in re-use, recycling and reduction. Said reward
shall be sourced from the Fund herein created.

(b) An incentive scheme is hereby provided for the purpose of encouraging

LGUs, enterprises, or private entities, including NGOs, to develop or
undertake an effective solid waste management, or actively participate in any
program geared towards the promotion thereof as provided for in this Act.

(1) Fiscal Incentives – Consistent with the provisions of E.O. 226 otherwise
known as the Omnibus Investments Code, the following tax incentives
shall be granted:

(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles
– Within ten (10) years upon effectivity of this Act, LGUs, enterprises
or private entities shall enjoy tax and duty-free importation of
machinery, equipment, vehicles and spare parts used for collection of
solid wastes; Provided, that the importation of such machinery,
equipment, vehicle and spare parts shall comply with the following
conditions:

(i) They are not manufactured domestically in sufficient quantity, of

comparable quality and at reasonable prices;

(ii) They are reasonably needed and will be used actually, directly
and exclusively for the above mentioned activities;

(iii) The approval of the Board of Investment (BOI) of the DTI for the
importation of such machinery, equipment, vehicle and spare
parts:

Provided, further, That the sale, transfer or disposition of such machinery,

equipment, vehicle and spare parts, without prior approval of the BOI, within
five (5) years from the date of acquisition shall be prohibited, otherwise, the
LGU concerned, enterprises or private entities and the vendee, transferee or
assignee shall be solidarily liable to pay twice the amount of tax and duty
exemption given it.

(b) Tax Credit on Domestic Capital Equipment – Within ten (10) years
from the effectivity of this Act, a tax credit equivalent to 50% of the
value of the national internal revenue taxes and customs duties that
would have been waived on the machinery, equipment, vehicle and

35
 spare parts, had these items been imported shall be given to
enterprises, private entities, including NGOs, subject to the same
conditions and prohibition cited in the preceding paragraph.

(c) Tax and Duty Exemption of Donations, Legacies and Gift – All
legacies, gifts and donations to LGUs, enterprises or private entities,
including NGOs, for the support and maintenance of the program for
effective solid wastes management shall be exempt from all internal
revenue taxes and customs duties, and shall be deductible in full from
the gross income of the donor for income tax purposes.

(2) Non-Fiscal Incentives – LGUS, enterprises or private entities availing of

tax incentives under this Act shall also be entitled to applicable non-fiscal
incentives provided for under E.O. 226, otherwise known as the Omnibus
Investments Code.

The Commission shall provide incentives to businesses and industries

that are engaged in the recycling of wastes and which are registered with the
Commission and have been issued ECCs in accordance with the guidelines
established by the Commission. Such incentives shall include simplified
procedures for the importation of equipment, spare parts, new materials, and
supplies, and for the export of processed products.

(3) Financial Assistance Program – Government financial institutions such as

the Development Bank of the Philippines (DBP), Landbank of the
Philippines (LBP), Government Service Insurance System (GSIS), and
such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of
their respective charters or applicable laws, accord high priority to extend
financial services to individuals, enterprises, or private entities engaged in
solid waste management.

(4) Extension of Grants to LGUs. – Provinces, cities and municipalities

whose solid waste management plans have been duly approved by the
Commission or who have been commended by the Commission for
adopting innovative solid waste management programs may be entitled
to received grants for the purpose of developing their technical capacities
toward actively participating in the program for effective and sustainable
solid waste management.

(5) Incentives to Host LGUs. – Local government units who host common
waste management facilities shall be entitled to incentives.

CHAPTER V
Financing Solid Waste Management

Section 46. Solid Waste Management Fund. – There is hereby created, as a

special account in the National Treasury, a Solid Waste Management Fund to be
administered by the Commission. Such fund shall be sourced from the following:

36
 (a) Fines and penalties imposed, proceeds of permits and licenses issued by the
Department under this Act, donations, endowments, grants and contributions
from domestic and foreign sources; and

(b) Amounts specifically appropriated for the Fund under the annual General
Appropriations Act.

The Fund shall be used to finance the following:

(1) products, facilities, technologies and processes to enhance proper solid

waste management;

(2) awards and incentives;

(3) research programs;

(4) information, education, communication and monitoring activities;

(5) technical assistance; and

(6) capability building activities.

LGUs are entitled to avail of the Fund on the basis of their approved solid waste
management plan. Specific criteria for the availment of the Fund shall be prepared by
the Commission.

The fines collected under Sec. 49 shall be allocated to the LGU where the fined
prohibited acts are committed in order to finance the solid waste management of said
LGU. Such allocation shall be based on a sharing scheme between the Fund and the
LGU concerned.

In no case, however, shall the Fund be used for the creation of positions or
payment of salaries and wages.

Section 47. Authority to Collect Solid Waste Management Fees. – The local
government unit shall impose fees in amounts sufficient to pay the costs of preparing,
adopting, and implementing a solid waste management plan prepared pursuant to this
Act. The fees shall be based on the following minimum factors:

(a) types of solid waste;

(b) amount/volume of waste; and

(c) distance of the transfer station to the waste management facility.

The fees shall be used to pay the actual costs incurred by the LGU in collecting
the local fees. In determining the amounts of the fees, an LGU shall include only those
costs directly related to the adoption and implementation of the plan and the setting and
collection of the local fees.

37
 CHAPTER VI
Penal Provisions

Section 48. Prohibited Acts. – The following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or
permitting the same;

(2) Undertaking activities or operating, collecting or transporting equipment in

violation of sanitation operation and other requirements or permits set forth in
or established pursuant to this Act;

(3) The open burning of solid waste;

(4) Causing or permitting the collection of non-segregated or unsorted waste;

(5) Squatting in open dumps and landfills;

(6) Open dumping, burying of biodegradable or non-biodegradable materials in

flood-prone areas;

(7) Unauthorized removal of recyclable material intended for collection by

authorized persons;

(8) The mixing of source-separated recyclable material with other solid waste in
any vehicle, box, container or receptacle used in solid waste collection or
disposal;

(9) Establishment or operation of open dumps as enjoined in this Act, or closure

of said dumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally acceptable

packaging materials;

(11) Importation of consumer products packaged in non-environmentally

acceptable materials;

(12) Importation of toxic wastes misrepresented as “recyclable” or “with recyclable

content”;

(13) Transport and dumping in bulk of collected domestic, industrial, commercial

and institutional wastes in areas other than centers of facilities prescribed
under this Act;

(14) Site preparation, construction, expansion or operation of waste management

facilities without an Environmental Compliance Certificate required pursuant
to Presidential Decree No. 1586 and this Act and not conforming with the
land use plan of the LGU;

38
 (15) The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps or sanitary landfills; and

(16) The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir or watershed area and or any portions thereof;

Section 49. Fines and Penalties – (a) Any person who violates Sec. 48,
paragraph (1) shall, upon conviction, be punished with a fine of not less than Three
hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render
community service for not less than one (1) day to not more than fifteen (15) days to an
LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1,000.00) or imprisonment of not less than
one (1) day to not more than fifteen (15) days, or both;

(b) Any person who violates Sec. 48 pars. (4), (5), (6), and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) days but not more than six (6)
months, or both;

(c) Any person who violates Sec. 48 pars. (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,000.00) plus an amount not less than five percent (5%) but not more
than ten percent (10%) of his net annual income during the previous year.

(d) The additional penalty of imprisonment of a minimum period of one (1) year,
but not to exceed three (3) years at the discretion of the court, shall be
imposed for second or subsequent violations of Sec. 48, paragraphs (9) and
(10).

(e) Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction,
be punished with a fine of not less than Ten thousand pesos (P10,000.00)
but not more than Two hundred thousand pesos (P200,000.00) or
imprisonment of not less than thirty (30) days but not more than three(3)
years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand
pesos (P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment not less than one (1) year but not more than six (6) years, or
both.

If the offense is committed by a corporation, partnership, or other juridical entity

duly organized in accordance with law, the chief executive officer, president, general
manager, managing partner or such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.

39
 If the offender is an alien, he shall, after service of the sentence prescribed
above, be deported without further administrative proceedings.

The fines herein prescribed shall be increased by at least ten percent (10%)
every three (3) years to compensate for inflation and to maintain the deterrent function of
such fines.

Section 50. Administrative Sanctions. – Local government officials and

officials of government agencies concerned who fail to comply with and enforce rules
and regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations.

CHAPTER VII
Miscellaneous Provisions

Section 51. Mandatory Public Hearings. – Mandatory public hearings for the
national framework and local government solid waste management plans shall be
undertaken by the Commission and the respective Boards in accordance with the
process to be formulated in the implementing rules and regulations.

Section 52. Citizen Suits. – For purposes of enforcing the provisions of this Act
or its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts/bodies against:

(a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/or

(c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuse his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing
rules and regulations: Provided, however, That no suit can be filed until after
thirty-day (30) notice has been given to the public officer and the alleged
violator concerned and no appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees and shall,
likewise, upon prima facie showing of the non-enforcement or violation complained of,
exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.

In the event that the citizen should prevail, the Court shall award reasonable
attorney’s fees, moral damages and litigation costs as appropriate.

Section 53. Suits and Strategic Legal Action Against Public Participation
(SLAPP) and the Enforcement of this Act. – Where a suit is brought against a person
who filed an action as provided in Sec. 52 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty of the investigating

40
prosecutor or the Court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination thereof, evidence warranting the same,
the Court shall dismiss the case and award attorney’s fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done in
the course of enforcing this Act.

Section 54. Research on Solid Waste Management. – The Department, after

consultations with the cooperating agencies, shall encourage, cooperate with and render
financial and other assistance to appropriate government agencies and private agencies,
institutions and individuals in the conduct and promotion of researches, experiments,
and other studies on solid waste management; particularly those relating to:

(a) adverse health effects of the release into the environment of materials
present in solid wastes, and methods to eliminate said effects;

(b) the operation and financing of solid waste disposal programs;

(c) the planning, implementation and operation of resource recovery and

resource conservation systems;

(d) the production of usable forms of recovered resources, including fuel from
solid waste;

(e) the development and application of new and improved methods of collecting
and disposing of solid waste and processing and recovering materials and
energy from solid waste;

(f) improvements in land disposal practices for solid waste (including sludge);
and

(g) development of new uses of recovered resources and identification of

existing or potential markets of recovered resources.

In carrying out solid waste researches and studies, the Secretary of the
Department or the authorized representative may make grants or enter into contracts
with government agencies, non-government organizations and private persons.

Section 55. Public Education and Information - The Commission shall, in

coordination with DECS, TESDA, CHED, DILG and PIA, conduct a continuing education
and information campaign on solid waste management. Such education and information
program shall:

(a) Aim to develop public awareness of the ill-effects of and the community-
based solutions to the solid waste problem;

(b) Concentrate on activities which are feasible and which will have the greatest
impact on the solid waste problem of the country, like resource conservation

41
 and recovery, recycling, segregation at source, re-use, reduction and
composting of solid waste; and

(c) Encourage the general public, accredited NGOs and people's organizations
to publicly endorse and patronize environmentally acceptable products and
packaging materials.

Section 56. Environmental Education in the Formal and Non-formal

Sectors. - The national government, through the DECS and in coordination with
concerned government agencies, NGOs and private institutions, shall strengthen the
integration of environmental concerns in school curricula at all levels, with particular
emphasis on the theory and practice of waste management principles like waste
minimization, specifically resource conservation and recovery, segregation at source,
reduction, recycling, re-use and composting, in order to promote environmental
awareness and action among the citizenry.

Section 57. Business and Industry Role. - The Commission shall encourage
commercial and industrial establishments, through appropriate incentives other than tax
incentives, to initiate, participate and invest in integrated ecological solid waste
management projects, to manufacture environment-friendly products, to introduce,
develop and adopt innovative processes that shall recycle and re-use materials,
conserve raw materials and energy, reduce waste, and prevent pollution, and to
undertake community activities to promote and propagate effective solid waste
management practices.

Section 58. Appropriations. - For the initial operating expenses of the

Commission and the National Ecology Center as well as the expenses of the local
government units to carry out the mandate of this Act, the amount of Twenty million
pesos (P20,000,000.00) is hereby appropriated from the Organizational Adjustment
Fund on the year this Act is approved. Thereafter, it shall submit to the Department of
Budget and Management its proposed budget for inclusion in the General Appropriations
Act.

Section 59. Implementing Rules and Regulations (IRR). - The Department, in

coordination with the Committees on Environment and Ecology of the Senate and House
of Representatives, respectively, the representatives of the Leagues of Provinces, Cities,
Municipalities and Barangay Councils, the MMDA and other concerned agencies, shall
promulgate the implementing rules and regulations of this Act, within one (1) year after
its enactment: Provided, That rules and regulations issued by other government
agencies and instrumentalities for the prevention and/or abatement of the solid waste
management problem not inconsistent with this Act shall supplement the rules and
regulations issued by the Department, pursuant to the provisions of this Act.

The draft of the IRR shall be published and be the subject of public consultations
with affected sectors. It shall be submitted to the Committees on Environment and
Ecology of the Senate and House of Representatives, respectively, for review before
approval by the Secretary.

Section 60. Joint Congressional Oversight Committee. - There is hereby

created a Joint Congressional Oversight Committee to monitor the implementation of the
Act and to oversee the function of the Commission. The Committee shall be composed

42
of five (5) Senators and five (5) Representatives to be appointed by the Senate
President and the Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by a Senator and a Representative designated by the
Senate President and the Speaker of the House of Representatives, respectively.

Section 61. Abolition of the Presidential Task Force on Waste Management

and the Project Management Office on Solid Waste Management. - The Presidential
Task Force on Waste Management which was created by virtue of Memorandum
Circular No. 39 dated November 2, 1987, as amended by Memorandum Circular No.
39A and 88 is hereby abolished. Further, pursuant to Administrative Order No. 90 dated
October 19, 1992, the Project Management Office on Solid Waste Management is
likewise hereby abolished. Consequently, their powers and functions shall be absorbed
by the Commission pursuant to the provisions of this Act.

Section 62. Transitory Provision. - Pending the establishment of the framework

under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 59 of
this Act, existing laws, regulations, programs and projects on solid waste management
shall be enforced: Provided, That for specific undertaking, the same may be revised in
the interim in accordance with the intentions of this Act.

Section 63. Report to Congress. - The Commission shall report to Congress,

not later then March 30 of every year following the approval of this Act, giving a detailed
account of its accomplishment and progress on solid waste management during the year
and make the necessary recommendations in areas where there is need for legislative
action.

Section 64. Separability Clause. - If any provision of this Act or the application
of such provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration.

Section 65. Repealing Clause. - All laws, decrees, issuances, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 66. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) AQUILINO Q. PIMENTEL, JR. (Sgd.) ARNULFO P. FUENTEBELLA

President of the Senate Speaker of the House
of Representatives

43
 This Act which is a consolidation of House Bill No. 10651 and Senate Bill No.
1595 was finally passed by the House of Representatives and the Senate on December
20, 2000 and December 12, 2000, respectively.

(Sgd.) LUTGARDO B. BARBO (Sgd.) ROBERTO P. NAZARENO

Secretary of the Senate Secretary General
House of Representatives

Approved: January 26, 2001

(Sgd) GLORIA MACAPAGAL-ARROYO

President of the Philippines

44