0.7 CHAPTER 7 - ETHICAL CONSIDERATIONS ON COMMUNITY HEALTH NURSING (AutoRecovered)

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VII.

ETHICAL CONSIDERATIONS ON COMMUNITY HEALTH NURSING

PUBLIC HEALTH LAWS

Objectives:
o Adhere to ethico-legal considerations when providing safe, quality and professional nursing
care.
o Adhere to established norms of conduct based on the Philippine Nursing Law and other legal,
regulatory and institutional requirements relevant to safe nursing practice.
o Protect client rights based on “Patient’s Bill of Rights and Obligations”
o Implement strategies/policies related to Informed consent as it applies in multiple contexts.

REPUBLIC ACT 7305


MAGNA CARTA OF PUBLIC HEALTH WORKERS

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Public Health Workers."

SEC. 2. Declaration of the Policy. - The State shall instill health consciousness among our people
to effectively carry out the health programs and projects to the government essential for the growth
and health of the nation. Towards this end, this Act aims: (a) to promote and improve the social and
economic well-being of the health workers, their living and working conditions and terms of
employment; (b) to develop their skills and capabilities in order that they will be more responsive and
better equipped to deliver health projects and programs; and (c) to encourage those with proper
qualifications and excellent abilities to join and remain in government service.

SEC. 3. Definition. - For purposes of this Act, "health workers" shall mean all persons who are
engaged in health and health-related work, and all persons employed in all hospitals, sanitaria, health
infirmaries, health centers, rural health units, barangay health stations, clinics and other health-related
establishments owned and operated by the Government or its political subdivisions with original
charters and shall include medical, allied health professional, administrative and support personnel
employed regardless of their employment status.

Approved, March 26, 1992


3 out of 42 sections

PRESIDENTIAL DECREE NO. 856


CODE ON SANITATION

WHEREAS, the health of the people, being of paramount importance, all efforts of public services should
be directed towards the protection and promotion of health; and

WHEREAS, with the advance in the field of sanitation in recent years, there arises the need for updating
and codifying our scattered sanitary laws to ensure that they are in keeping with modern standards of
sanitation and provide a handy reference and guide for their enforcement;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following Code on Sanitation:

Chapter I
General Provisions

SECTION 1. Title. – The title of this Code is “Code on Sanitation of the Philippines”.
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SECTION 2. Definition of Terms. – Whenever any of the following words or terms is used herein
or in any rule or regulation issued under this Code, it shall have the meaning given it in this section, as
follows:

a. Code – Code on Sanitation of the Philippines.

b. Department – The Department of Health.

c. Secretary – The Secretary of Health.

d. Regional Director – an official who heads a Regional Health Office.

e. Local Health Authority – an official or employee responsible for the application of a prescribed
health measure in a local political subdivision.

f. Health Officer – Provincial, City or Municipal Health Officer.

g. Engineer – A Sanitary Engineer.

h. Section – any section of this code unless the term refers to other statutes which are
specifically mentioned.

SECTION 3. Functions of the Department of Health. – The Department shall have the following
powers and functions:

a. Undertake the promotion and preservation of the health of the people and raise the health
standards of individuals and communities throughout the Philippines;

b. Extend maximum health services to the people in rural areas and provide medical care to
those who cannot afford it by reason of poverty;

c. Develop, administer and coordinate various health activities and services which shall include
public health, preventive, curative and rehabilitative programs, medical care, health and medical
education services;

d. Upgrade the standards of medical practice, the quality of health services and programs to
assure the people of better health services;

e. Assist local health agencies in developing public health programs including medical care, and
promote medical and public health research;

f. Issue permits to establish and operate government and private hospitals, clinics, dispensaries,
schools of nursing, midwifery, and other para-medical courses, puericulture centers, clinical
laboratories and blood banks;

g. Prescribe standard rates of fees for health, medical, laboratory, and other public health
services; and

h. Performs such other functions as may be provided by law.

Approved, December 23, 1975

1 out of 22 chapters; 3 out of 106 sections

REPUBLIC ACT 8749


AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY
AND FOR OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Chapter 1
General Provisions

Article 1
Basic Air Quality Policies

Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."

Section 2. Declaration of Principles. - The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The State shall promote and protect the global environment to attain sustainable development
while recognizing the primary responsibility of local government units to deal with environmental
problems.

The State recognizes that the responsibility of cleaning the habitat and environment is primarily
area-based.

The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the good of all and
should therefore be the concern of all.

Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and
environmental protection. To achieve this end, the framework for sustainable development shall be
pursued. It shall be the policy of the State to:

a) Formulate a holistic national program of air pollution management that shall be implemented
by the government through proper delegation and effective coordination of functions and
activities;

b) Encourage cooperation and self-regulation among citizens and industries though the
application of market-based instruments;

c) Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;

d) Promote public information and education to encourage the participation of an informed and
active public in air quality planning and monitoring; and

e) Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the setting up of a
funding or guarantee mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.

Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following


rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their
enjoyment:

a) The right to breathe clean air;

b) The right to utilize and enjoy all natural resources according to the principle of sustainable
development;
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c) The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making process;

d) The right to participate in the decision-making process concerning development policies,


plans and programs projects or activities that may have adverse impact on the environment and
public health;

e) The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous
substances;

f) The right of access to public records which a citizen may need to exercise his or her rights
effectively under this Act;

g) The right to bring action in court or quasi- judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area,
and to seek the imposition of penal sanctions against violators of environmental laws; and

h) The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a project or activity.

Article 2
Definition of Terms
Section 5. Definitions - As used in this Act:

a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen,
water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that
is detrimental to health or the environment, which includes but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active
substances;

b) "Air pollution" means any alteration of the physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country harmful, detrimental, or injurious to
public health, safety or welfare or which will adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational, or other legitimate purposes;

c) "Ambient air quality guideline values" mean the concentration of air over specified periods
classified as short-term and long-term which are intended to serve as goals or objectives for the
protection of health and/or public welfare. These values shall be used for air quality
management purposes such as determining time trends, evaluating stages of deterioration or
enhancement of the air quality, and in general, used as basis for taking positive action in
preventing, controlling, or abating air pollution;

d) "Ambient air quality" means the general amount of pollution present in a broad area; and
refers to the atmosphere's average purity as distinguished from discharge measurements taken
at the source of pollution;

e) "Certificate of Conformity" means a certificate issued by the Department of Environment and


Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular
new vehicle or vehicle type meets the requirements provided under this Act and its rules and
regulations;

f) "Department" means the Department of Environment and Natural Resources;


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g) "Eco-profile" means the geographical-based instrument for planners and decision-makers
which present an evaluation of the environmental quality and carrying capacity of an area. It is
the result of the integration of primary and secondary data and information on natural
resources and anthropogenic activities on the land which are evaluated by various
environmental risk assessment and forecasting methodologies that enable the Department to
anticipate the type of development control necessary in the planning area;

h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a
known source which is passed into the atmosphere;

i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to
induce global warming, which include carbon dioxide, methane, oxides of nitrogen,
chorofluorocarbons, and the like;

j) "Hazardous substances" mean those substances which present either: (1) short-term acute
hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other
skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated
exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent
period), resistance to detoxification process such as biodegradation, the potential to pollute
underground or surface waters;

k) "Infectious waste" means that portion of medical waste that could transmit an infectious
disease;

l) "Medical waste" means the materials generated as a result of patient


diagnosis, treatment, or immunization of human beings or animals;

m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or


other fuel, constructed and operated principally for the conveyance of persons or the
transportation of property or goods;

n) "Motor vehicle" mean any vehicle propelled by a gasoline or diesel engine or by any other
than human or animal power, constructed and operated principally for the conveyance of
persons or the transportation of property or goods in a public highway or street open to public
use;

o) "Municipal waste" means the waste materials generated from communities within a specific
locality;

p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold
or registered with the DOTC or with the appropriate agency or authority, and operated on the
highways of the Philippines, any foreign state or country;

q) "Octane Rating or the Anti-Knock Index (AKI)" means the rating of the antiknock
characteristics of a grade or type of automotive gasoline as determined by dividing by two (2)
the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the
octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class
thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer recommends for
the efficient operation of such motor vehicle, or a substantial portion of such class, without
knocking;

r) "Ozone Depleting Substances (ODS)" mean those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human
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health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the
like;

s) "Persistent Organic Pollutants (POPs)" mean the organic compounds that persist in the
environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to
human health and the environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
(PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;

t) "Poisonous and toxic fumes" mean any emissions and fumes which are beyond
internationally-accepted standards, including but not limited to World Health Organization
(WHO) guideline values;

u) "Pollution control device" means any device or apparatus used to prevent, control or abate
the pollution of air caused by emissions from identified pollution sources at levels within the air
pollution control standard established by the Department;

v) "Pollution control technology" means the pollution control devices, production processes,
fuel combustion processes or other means that effectively prevent or reduce emissions or
effluent;

w) "Standard of performance" means a standard for emissions of air pollutant which reflects the
degree of emission limitation achievable through the application of the best system of emission
reduction, taking into account the cost of achieving such reduction and any non-air quality
health and environmental impact and energy requirement which the Department determines,
and adequately demonstrates; and

x) "Stationary source" means any building or immobile structure, facility or installation which
emits or may emit any air pollutant.

Approved, June 23, 1999


1 out of 6 chapters; 5 out of 56 sections

REPUBLIC ACT NO. 6675

AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY,


DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC
NAMES

SECTION 1. Title. — This Act shall be known as the “Generics Act of 1988”.

SECTION 2. Statement of Policy. — It is hereby declared the policy of the State:

To promote, encourage and require the use of generic terminology in the importation, manufacture,
distribution, marketing, advertising and promotion, prescription and dispensing of drugs;

To ensure the adequate supply of drugs with generic names at the lowest possible cost and
endeavor to make them available for free to indigent patients;

To encourage the extensive use of drugs with generic names through a rational system of
procurement and distribution;

To emphasize the scientific basis for the use of drugs, in order that health professionals may
become more aware and cognizant of their therapeutic effectiveness; and
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To promote drug safety by minimizing duplication in medications and/or use of drugs with
potentially adverse drug interactions.

SECTION 3. Definitions of Terms. — The following terms are herein defined for purposes of this
Act:

(1) “Generic Name or Generic Terminology” is the identification of drugs and medicines by their
scientifically and internationally recognized active ingredients or by their official generic name
as determined by the Bureau of Food and Drugs of the Department of Health.

(2) “Active Ingredient” is the chemical component responsible for the claimed therapeutic effect
of the pharmaceutical product.

(3) “Chemical Name” is the description of the chemical structure of the drug or medicine and
serves as the complete identification of a compound.

(4) “Drug Product” is the finished product form that contains the active ingredients, generally
but not necessarily in association with inactive ingredients.

(5) “Drug Establishment” is any organization or company involved in the manufacture,


importation, repacking and/or distribution of drugs or medicines.

(6) “Drug Outlets” means drugstores, pharmacies, and any other business establishments which
sell drugs or medicines.

(7) “Essential Drugs List” or “National Drug Formulary” is a list of drugs prepared and periodically
updated by the Department of Health on the basis of health conditions obtaining in the
Philippines as well as on an internationally accepted criteria. It shall consist of a core list and a
complementary list.

(8) “Core List” is a list of drugs that meets the health care needs of the majority of the
population.

(9) “Complimentary List” is a list of alternative drugs used when there is no response to the core
essential drug or when there is a hypersensitivity reaction to the core essential drug or when,
for one reason or another, the core essential drug cannot be given.

(10) “Brand Name” is the proprietary name given by the manufacturer to distinguish its product
from those of competitors.

(11) “Generic Drugs” are drugs not covered by patent protection and which are labeled solely b
their international non-proprietary or generic name.

Approved, September 13, 1988


3 out of 12 sections

REPUBLIC ACT NO. 10606

AN ACT AMENDING REPUBLIC ACT NO. 7875, OTHERWISE KNOWN AS THE “NATIONAL HEALTH
INSURANCE ACT OF 1995″, AS AMENDED, AND FOR OTHER PURPOSES

SECTION 1. Section 1 of Republic Act No. 7875, as amended, is hereby amended to read as
follows:

“SECTION 1. Short Title. – This Act shall be known as the ‘National Health Insurance Act of
2013′.”
81
SEC. 2. Section 2 of the same Act is hereby amended to read as follows:

“SEC. 2. Declaration of Principles and Policies. – It is hereby declared the policy of the State to
adopt an integrated and comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all the people at affordable cost and to
provide free medical care to paupers. Towards this end, the State shall provide comprehensive health
care services to all Filipinos through a socialized health insurance program that will prioritize the health
care needs of the underprivileged, sick, elderly, persons with disabilities (PWDs), women and children
and provide free health care services to indigents.

“Pursuant to this policy, the State shall adopt the following principles:

“x x x.”

SEC. 3. Section 4 of the same Act is hereby further amended to read as follows:

“SEC. 4. Definition of Terms. – For the purpose of this Act, the following terms shall be defined
as follows:

“(f) Dependent – The legal dependents of a member are:

“(4) the parents who are sixty (60) years old or above whose monthly income is below
an amount to be determined by the Corporation in accordance with the guiding
principles set forth in Article I of this Act; and

“(5) parents with permanent disability that render them totally dependent on the
member for subsistence.

“(l) Fee-for-service – A fee pre-determined by the Corporation for each service delivered by a
health care provider based on the bill. The payment system shall be based on a prenegotiated
schedule promulgated by the Corporation.

“(q) Indigent – A person who has no visible means of income, or whose income is insufficient for
the subsistence of his family, as identified by the Department of Social Welfare and
Development (DSWD) based on specific criteria set for this purpose in accordance with the
guiding principles set forth in Article I of this Act.

“(s) Member – Any person whose premiums have been regularly paid to the National Health
Insurance Program who may be a paying member, a sponsored member, or a lifetime
member.

“(ff) Retiree – A member of the Program who has reached the age of retirement as provided for
by law or who was retired on account of permanent disability as certified by the employer and
the Corporation.

“(mm) Abandoned Children – Children who have no known family willing and capable to take
care of them and are under the care of the DSWD, orphanages, churches and other
institutions.

“(nn) Case-based Payment – Hospital payment method that reimburses to hospitals a


predetermined fixed rate for each treated case or disease; also called per case
payment.

“(oo) Health Technology Assessment – A field of science that investigates the value of a health
technology such as procedure, process, products, or devices, specifically on their quality, relative
cost-effectiveness and safety. It usually involves the science of epidemiology and economics. It
has implications on policy, decision to adopt and invest in these technologies, or in health
benefit coverage.
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“(pp) Informal Sector – Units engaged in the production of goods and services with the primary
objective of generating employment and income for the persons concerned. It consists of
households, unincorporated enterprises that are market and nonmarket producers of goods, as
well as market producers of services.

“These enterprises are operated by own-account workers, which may employ unpaid
family workers as well as occasional, seasonally hired workers.

“To this sector belong, among others, street hawkers, market vendors, pedicab and
tricycle drivers, small construction workers and home-based industries and services. “(qq) Other
Self-earning Individuals – Individuals who render services or sell goods as a means of livelihood
outside of an employer-employee relationship, or as a career, but do not belong to the informal
sector. These include businessmen, entrepreneurs, actors, actresses and other performers,
news correspondents, professional athletes, coaches, trainers, and other individuals as
recognized by the Department of Labor and Employment (DOLE) and/or the Bureau of Internal
Revenue (BIR).

“(rr) Out-patient Services – Health services such as diagnostic consultation, examination,


treatment, surgery and rehabilitation on an out-patient basis.

“(ss) Professional Practitioners – Include doctors, lawyers, certified public accountants, and
other practitioners required to pass government licensure examinations in order to practice
their professions.

“(tt) Traditional and Alternative Health Care – The application of traditional knowledge, skills
and practice of alternative health care or healing methods which include reflexology,
acupuncture, massage, accupressure, chiropractics, nutritional therapy and other similar
methods in accordance with the accreditation guidelines set forth by the Corporation and the
Food and Drug Administration (FDA).

“(uu) Lifetime Member – A former member who has reached the age of retirement under the
law and has paid at least one hundred twenty (120) monthly premium contributions.

“(vv) Members in the Formal Economy – Workers with formal contracts and fixed terms of
employment including workers in the government and private sector, whose premium
contribution payments are equally shared by the employee and the employer.

“(ww) Members in the Informal Economy – Workers who are not covered by formal contracts or
agreements and whose premium contributions are self-paid or subsidized by another individual
through a defined criteria set by the Corporation.

“(xx) Migrant Workers – Documented or undocumented Filipinos who are engaged in a


remunerated activity in another country of which they are not citizens.

“(yy) Sponsored Member – A member whose contribution is being paid by another individual,
government agency, or private entity according to the rules as may be prescribed by the
Corporation.

Approved, June 19, 2013


4 out of 35 sections

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

assembled: SECTION 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 sale of a commodity;

c) 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. –For purposes of this Act, the following terms shall mean:

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;
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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.

Approved, May 5, 1994


3 out of 15 sections

REPUBLIC ACT NO. 11332

AN ACT PROVIDING POLICIES AND PRESCRIBING PROCEDURES ON SURVEILLANCE AND RESPONSE TO


NOTIFIABLE DISEASES, EPIDEMICS, AND HEALTH EVENTS OF PUBLIC HEALTH CONCERN, AND
APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE ACT NO. 3573, OTHERWISE
KNOWN AS THE "LAW ON REPORTING OF COMMUNICABLE DISEASES"

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

Section 1. Short Title. -This Act shall be known as the "Mandatory Reporting of Notifiable Diseases
and Health Events of Public Health Concern Act".

Section 2. Declaration of Policy. -It is hereby declared the policy of the State to protect and
promote the right to health of the people and instill health consciousness among them. It shall endeavor
to protect the people from public health threats through the efficient and effective disease surveillance
of notifiable diseases including emerging and re-emerging infectious diseases, diseases for elimination
and eradication, epidemics, and health events including chemical, radio-nuclear and environmental
agents of public health concern and provide an effective response system in compliance with the 2005
International Health Regulations (IHR) of the World Health Organization (WHO). The State recognizes
epidemics and other public health emergencies as threats to public health and national security, which
can undermine the social, economic, and political functions of the State.

The State also recognizes disease surveillance and response systems of the Department of Health
(DOH) and its local counterparts, as the first line of defense to epidemics and health events of public
health concern that pose risk to public health and security.

Section 3. Definition of Terms. - As used in this Act:

(a) Disease refers to an illness due to a specific toxic substance, occupational exposure or
infectious agent, which affects a susceptible individual, either directly or indirectly, as from an infected
animal or person, or indirectly through an intermediate host, vector, or the environment;

(b) Disease control refers to the reduction of disease incidence, prevalence, morbidity or mortality
to a locally acceptable level as a result of deliberate efforts and continued intervention measures to
maintain the reduction:
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(c) Disease surveillance refers to the ongoing systematic collection, analysis, interpretation, and
dissemination of outcome-specific data for use in the planning, implementation, and evaluation of
public health practice. A disease surveillance system includes the functional capacity for data analysis as
well as the timely dissemination of these data to persons who can undertake effective prevention and
control activities;

(d) Emerging or re-emerging infectious diseases refer to diseases that: (1) have not occurred in
humans before; (2) have occurred previously but affected only small numbers of people in isolated
areas; (3) have occurred throughout human history but have only recently been recognized as a distant
disease due to an infectious agent; (4) are caused by previously undetected or unknown infectious
agents; (5) are due to mutant or resistant strains of a causative organism; and (6) once were major
health problems in the country, and then declined dramatically, but are again becoming health problems
for a significant proportion of the population:

(e) Epidemic/outbreak refers to an occurrence of more cases of disease than normally expected
within a specific place or group of people over a given period of time;

(f) Epidemiologic investigation refers to an inquiry to the incidence, prevalence, extent, source,
mode of transmission, causation of, and other information pertinent to a disease occurrence;

(g) Health event of public health concern refers to either a public health emergency or a public
health threat due to biological, chemical, radio-nuclear and environmental agents;

(h) Infectious disease refers to a clinically manifested disease of humans or animals resulting from
an infection;

(i) Mandatory reporting refers to the obligatory reporting of a condition to local or state health
authorities, as required for notifiable diseases, epidemics or public health events of public health
concern;

(j) Notifiable disease refers to a disease that, by legal requirements, must be reported to the
public health authorities;

(k) Public health authority refers to the DOH (specifically the Epidemiology Bureau, Disease
Prevention and Control Bureau, Bureau of Quarantine and International Health Surveillance, Health
Emergency Management Bureau, Food and Drug Administration, government hospitals. Research
Institute of Tropical Medicine and other National Reference Laboratories, and DOH Regional Offices),
the local health office (provincial, city or municipality), or any person directly authorized to act on behalf
of the DOH or the local health office;

(l) Public health emergency refers to an occurrence or imminent threat of an illness or health
condition that:

(1) Is caused by any of the following:

(i) Bio terrorism;

(ii) Appearance of a novel or previously controlled or eradicated infectious agent or biological


toxin;
(iii) A natural disaster;

(iv) A chemical attack or accidental release;

(v) A nuclear attack or accident; or

(vi) An attack or accidental release of radioactive materials; and


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(2) Poses a high probability of any of the following:

(i) A large number of deaths in the affected population;

(ii) A large number of serious injuries or long-term disabilities in the affected population;

(iii) Widespread exposure to an infectious or toxic agent that poses a significant risk of
substantial harm to a large number of people in the affected population;

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

(v) Trade and travel restrictions;

(m) Public health threat refers to any situation or factor that may represent a danger to the health
of the people; and

(n) Response refers to the implementation of specific activities to control further spread of
infection, outbreaks or epidemics and prevent re-occurrence. It includes verification, contact
tracing, rapid risk assessment, case measures, treatment of patients, risk communication, conduct
of prevention activities, and rehabilitation.

Section 4. Objectives. -This Act shall have the following objectives:

(a) To continuously develop and upgrade the list of nationally notifiable diseases and health events of
public health concern with their corresponding case definitions and laboratory confirmation;

(b) To ensure the establishment and maintenance of relevant, efficient and effective disease
surveillance and response system at the national and local levels;

(c) To expand collaborations beyond traditional public health partners to include others who may
be involved in the disease surveillance and response, such as agricultural agencies, veterinarians,
environmental agencies, law enforcement entities, and transportation and communication agencies,
among others;

(d) To provide accurate and timely health information about notifiable diseases, and health
related events and conditions to citizens and health providers as an integral part of response to public
health emergencies;

(e) To establish effective mechanisms for strong collaboration with national and local government
health agencies to ensure proper procedures are in place to promptly respond to reports of notifiable
diseases and health events of public health concern, including case investigations, treatment, and
control and containment, including follow-up activities;

(f) To ensure that public health authorities have the statutory and regulatory authority to ensure
the following:

(1) Mandatory reporting of reportable diseases and health events of public health concern;
(2) Epidemic/outbreaks and/or epidemiologic investigation, case investigations, patient
interviews, review of medical records, contact tracing, specimen collection and testing, risk
assessments, laboratory investigation, population surveys, and environmental
investigation;

(3) Quarantine and isolation; and

(4) Rapid containment and implementation of measures for disease prevention and control;
87

(g) To provide sufficient funding to support operations needed to establish and maintain
epidemiology and surveillance units at the DOH, health facilities and local government units (LGUs);
efficiently and effectively investigate outbreaks and health events of public health concern; validate,
collect, analyze and disseminate disease surveillance information to relevant agencies or organizations;
and implement appropriate response;

(h) To require public and private physicians, allied medical personnel, professional societies,
hospitals, clinics, health facilities, laboratories, pharmaceutical companies, private companies and
institutions, workplaces, schools, prisons, ports, airports, establishments, communities, other
government agencies, and nongovernment organizations (NGOs) to actively participate in disease
surveillance and response; and

(i) To respect to the fullest extent possible, the rights of people to liberty, bodily integrity, and
privacy while maintaining and preserving public health and security.

Approved, April 26, 2019.


4 out of 26 Sections

REPUBLIC ACT NO. 9994


AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING
REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS “AN ACT TO MAXIMIZE THE
CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES”

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

assembled: Section 1. Title. – This Act Shall be known as the “Expanded Senior Citizens Act of

2010.”

Sec. 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known
as the “Expanded Senior Citizens Act of 2003”, is hereby further amended to read as follows:

“SECTION 1. Declaration of Policies and Objectives. – As provided in the Constitution of the


Republic of the Philippines, it is the declared policy of the State to promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a rising standard of
living and an improved quality of life. In the Declaration of Principles and State Policies in Article II,
Sections 10 and 11, it is further declared that the State shall provide social justice in all phases of
national development and that the State values the dignity of every human person and guarantees full
respect for human rights.

“Article XIII, Section 11 of the Constitution provides that the State shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential goods, health
and other social services available to all the people at affordable cost. There shall be priority for the
needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the
Constitution Further declares that it is the duty of the family to take care of its elderly members while
the State may design programs of social security for them.

“Consistent with these constitutional principles, this Act shall serve the following objectives:

“(a) To recognize the rights of senior citizens to take their proper place in society and make
it a concern of the family, community, and government;
88

“(b) To give full support to the improvement of the total well-being of the elderly and their
full participation in society, considering that senior citizens are integral part of Philippine
society;

“(c) To motivate and encourage the senior citizens to contribute to nation building;

“(d) To encourage their families and the communities they live with to reaffirm the valued
Filipino tradition of caring for the senior citizens;

“(e) To provide a comprehensive health care and rehabilitation system for disabled senior
citizens to foster their capacity to attain a more meaningful and productive ageing; and

“(f) To recognize the important role of the private sector in the improvement of the welfare
of senior citizens and to actively seek their partnership.

“In accordance with these objectives, this Act shall:

“(1) establish mechanisms whereby the contributions of the senior citizens are maximized;

“(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;

“(3) establish a program beneficial to the senior citizens, their families and the rest of the
community they serve: and

“(4) establish community-based health and rehabilitation programs for senior citizens in
every political unit of society.”

Sec. 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known
as the Expanded Senior Citizens Act of 2003″, is hereby further amended to read as follows:

“SEC. 2. Definition of terms. – For purposes of this Act, these terms are defined as follows:

“(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60)
years old;

“(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and
physical changes and the diseases of old age;

“(c) Lodging establishment refers to a building, edifice, structure, apartment or house including
tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or
providing facilities to transients, tourists or travelers;

“(d) Medical Services refer to hospital services, professional services of physicians and other
health care professionals and diagnostics and laboratory tests that the necessary for the
diagnosis or treatment of an illness or injury;
“(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions
and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the
alveolar or periodontium process of the maxilla and the mandible that are necessary for the
diagnosis or treatment of an illness or injury;

“(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior
citizen: Provided, that where no spouse survives the decedent, this shall be limited to relatives
89

in the following order of degree of kinship: children, parents, siblings, grandparents,


grandchildren, uncles and aunts;

“(g) Home health care service refers to health or supportive care provided to the senior citizen
patient at home by licensed health care professionals to include, but not limited to, physicians,
nurses, midwives, physical therapist and caregivers; and

“(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without
pension or permanent source of income, compensation or financial assistance from his/her
relatives to support his/her basic needs, as determined by the Department of Social Welfare and
development (DSWD) in consultation with the National Coordinating and Monitoring Board.”

Approved, February 15, 2010


3 out of 13 sections

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

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

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 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.
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(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) 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) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.

(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) 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) 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) 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) 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) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.

(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) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug
with or without the use of prescription.

(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
91

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) 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) 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) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.

(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) 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) 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) 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) 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.
92

(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 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) 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) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of
this Act.

(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.

(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.

(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.

(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.

(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.
(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.

(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.
93

(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.

(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.

Approved, June 7, 2002


1 out of 13 articles; 3 out of 102 sections

REPUBLIC ACT No. 9502


AN ACT PROVIDING FOR CHEAPER AND QUALITY MEDICINES, AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 8293 OR THE INTELLECTUAL PROPERTY CODE, REPUBLIC ACT NO. 6675 OR THE GENERICS ACT
OF 1988, AND REPUBLIC ACT NO. 5921 OR THE PHARMACY LAW, AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Universally Accessible Cheaper and
Quality Medicines Act of 2008".

SEC. 2. Declaration of Policy. - It is the policy of the State to protect public health and, when the
public interest or circumstances of extreme urgency so require, it shall adopt appropriate measures to
promote and ensure access to affordable quality drugs and medicines for all.

Pursuant to the attainment of this general policy, an effective competition policy in the supply
and demand of quality affordable drugs and medicines is recognized by the State as a primary
instrument. In the event that full competition is not effective, the State recognizes as a reserve
instrument the regulation of prices of drugs and medicines, with clear accountability by the
implementing authority as mandated in this Act, as one of the means to also promote and ensure access
to quality affordable medicines.

SEC. 3. Construction in Favor of Protection of Public Health. - All doubts in the implementation
and interpretation of the provisions of this Act, including its implementing rules and regulations, shall be
resolved in favor of protecting public health.

SEC. 4. Definition of Terms. - For purposes of this Act, the following terms are to mean as
follows:
(a) "Compulsory License" is a license issued by the Director General of the Intellectual Property
Office to exploit a patented invention without the permission of the patent holder, either by
manufacture or through parallel importation;

(b) "Drug outlet" refers to drugstores, pharmacies, and any other business establishments which
sell drugs and medicines;

(c) "Drugs and medicines" refers to any chemical compound or biological substance, other than
food, intended for use in the treatment, prevention or diagnosis of disease in humans or
animals, including but not limited to:
94

(1) any article recognized in the official United States Pharmacopoeia-National


Formulary (USP-NF), official Homeopathic Pharmacopoeia of the United States,
Philippine Pharmacopoeia, Philippine National Drug Formulary, British Pharmacopoeia,
European Pharmacopoeia, Japanese Pharmacopoeia, Indian Pharmacopoeia, any
national compendium or any supplement to any of them;

(2) any article intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans 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 any articles specified in clauses (1),
(2), and (3) not including devices or their components, parts, or accessories; and

(5) herbal and/or traditional drugs which are articles of plant or animal origin used in
folk medicine which are:

(i) recognized in the Philippine National Drug Formulary;

(ii) intended for use in the treatment or cure or mitigation of disease symptoms,
injury or body defects in humans;

(iii) other than food, intended to affect the structure or any function of the
human body;

(iv) in finished or ready-to-use dosage form; and

(v) intended for use as a component of any of the articles specified in clauses (i),
(ii), (iii), and (iv);

(d) "Essential drugs list or national drug formulary" refers to a list of drugs prepared and
periodically updated by the Department of Health on the basis of health conditions obtaining in
the Philippines as well as on internationally accepted criteria;

(e) "Importer" refers to any establishment that imports raw materials, active ingredients and
finished products for its own use or for distribution to other drug establishments or outlets;

(f) "Manufacture" includes any process or part of a process for making, altering, finishing,
packing, labeling, breaking or otherwise treating or adapting any drug with a view to its sale and
distribution, but does not include the compounding or dispensing of any drug in the ordinary
course of retail business;

(g) "Manufacturer" refers to any establishment engaged in the operations involved in the
production of a drug with the end view of storage, distribution, or sale of the product;

(h) "Multisource pharmaceutical products" refers to pharmaceutically equivalent or


pharmaceutically alternative products that may or may not be therapeutically equivalent.
Multisource pharmaceutical products that are therapeutically equivalent are
interchangeable;

(i) "Retailer" refers to a licensed establishment carrying on the retail business of sale of drugs
and medicines to customers;

(j) "Trader" refers to any licensed establishment which is a registered owner of a drug product
that procures the materials and packaging components, and provides the production
monographs, quality control standards and procedures, but subcontracts the manufacture of
such products to a licensed manufacturer;
95

(k) "TRIPS Agreement" or Agreement on Trade-Related Aspects of Intellectual Property Rights


refers to the international agreement administered by the WTO that sets down minimum
standards for many forms of intellectual property regulation; and

(l) "Wholesaler" refers to a licensed establishment or drug outlet who acts as merchant, broker
or agent, who sells or distributes for resale or wholesale drugs and medicines.

Approved, June 6, 2008


1 out of 8 chapters; 4 out of 49 sections

SAVE THE CHILDREN

Save the Children is the world's leading independent children's organization - has been working in
the Philippines for over three decades and is dedicated to helping children.

They protect and support children in need. They save lives in emergencies. They speak up for
children's rights. They share a global vision and strategy for creating better lives for children in the
Philippines and across the world.

Save the Children have ambitious long-term goals to help support hundreds of thousands of
children in the Philippines – giving them the chance to fulfill their potential. Their Senior Management
team is responsible for shaping our goals and ensuring we achieve them.

Each Director leads a section of the organization and has managers and staff – across the
Philippines – who support them in their role. Their Directors are responsible for leading the direction of
Save the Children's work and nurture the daily commitment of our employees.

Their policies, procedures and guidelines ensure they uphold the integrity of their work and that
they are always working in the best interests of children.

Save the Children's policies and procedures guide their employees in understanding their roles
and responsibilities to children and assist them in positively and respectfully engaging and empowering
children and families.

Save the Children's policies:

∙ Child Safeguarding Policy


o The Child Safeguarding Policy outlines the responsibilities as an organization for
protecting and promoting the rights of children.
∙ Code of Conduct
o Every Save the Children employee and volunteer is required to sign the Code of
Conduct. This informs employees of the expectations, protects the children they work
with and keeps everyone accountable.

∙ Privacy Policy
o Privacy Policy explains how they record and store personal information and uphold the
confidentiality of those who support and work with Save the Children.

“We do whatever it takes for children”

“Save the Children believes that every child deserves a future. In the Philippines and around the
world, we work hard every day to give them a good start in life, protect them from violence and any
96

other damage, and help them learn crucial skills. When crises affecting children strike, we are among the
first to respond. We ensure children's unique needs are met and their voices heard. We deliver lasting
results for millions of children, including those hardest to reach.

We do whatever it takes for children, transforming their lives and the future we share.”

VIOLENCE AGAINST WOMEN

Violence Against Women is any act of gender-based violence that results or is likely to result in
physical, sexual or psychological harm or suffering to women including threats or such acts, coercion or
arbitrary deprivation of liberty whether occurring in public or private life. Gender-based violence is any
violence inflicted on women because of their sex.

VAW in the family or domestic violence is “violence that occurs within the private sphere,
generally between individuals who are related through intimacy, blood or law.” It may take the form of
physical violence (hitting with the fist, slapping, kicking different parts of the body, stabbing with a
knife, etc) or psychological and emotional violence (intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse, marital infidelity, etc.) or sexual violence
(rape, sexual harassment, acts of lasciviousness, treating a woman or child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body,
forcing him/her to watch obscene publications and indecent shows or forcing the woman or her child to
do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser, etc) or economic abuse (withdrawal of
financial support or preventing the victim from engaging in any legitimate profession, occupation,
business or activity, deprivation or threat of deprivation of financial resources and the right to use and
enjoyment of the conjugal, community or property owned in common, destroying household property;
and controlling the victim’s own money or properties or solely controlling the conjugal money or
properties.

VAW in the community often takes one or more of the following forms: physical violence such as
physical chastisement, trafficking for both the sex industry and the service industry, forced prostitution,
battering by employers and murder; sexual violence such as rape, sexual harassment and sexual
intimidation, and psychological violence such as intimidation, sanction or isolation by
community/cultural norms based on attitudes of gender discrimination.
State Violence Against Women consists of political violence such as tolerance of gender-based
violence, trafficking, domestic violence, sexual abuse, forced pregnancy and forced sterilization,
custodial violence such as military and police rape, torture, and suppression of the political acts of the
women’s movement, abuse of women in refugee and relocation camps and in prisons; and institutional
violence such as enforcement of discriminatory laws and regulations, policies and programs such as
abortion policies, reproduction policies and matrilineal laws.

DISASTER RISK REDUCTION & DISASTER RISK MANAGEMENT

The policy objective of anticipating and reducing risk is called disaster risk reduction (DRR).
Although often used interchangeably with DRR, disaster risk management (DRM) can be thought of as
the implementation of DRR, since it describes the actions that aim to achieve the objective of reducing
risk.
97

Disaster risk is an indicator of poor development, so reducing disaster risk requires integrating
DRR policy and DRM practice into sustainable development goals.

What is disaster risk reduction?

Historically, dealing with disasters focused on emergency response, but towards the end of the
20th century it was increasingly recognised that disasters are not natural (even if the associated hazard
is) and that it is only by reducing and managing conditions of hazard, exposure and vulnerability that we
can prevent losses and alleviate the impacts of disasters. Since we cannot reduce the severity of natural
hazards, the main opportunity for reducing risk lies in reducing vulnerability and exposure. Reducing
these two components of risk requires identifying and reducing the underlying drivers of risk, which are
particularly related to poor economic and urban development choices and practice, degradation of the
environment, poverty and inequality and climate change, which create and exacerbate conditions of
hazard, exposure and vulnerability. Addressing these underlying risk drivers will reduce disaster risk,
lessen the impacts of climate change and, consequently, maintain the sustainability of development
(UNISDR, 2015a).

We need to manage risks, not just disasters.

DRR is a part of sustainable development, so it must involve every part of society, government, non
governmental organizations and the professional and private sector. It therefore requires a people
centred and multi-sector approach, building resilience to multiple, cascading and interacting hazards
and creating a culture of prevention and resilience. Consequently DRM includes strategies designed to:

∙ avoid the construction of new risks

∙ address pre-existing risks

∙ share and spread risk to prevent disaster losses being absorbed by other development
outcomes and creating additional poverty

Although DRM includes disaster preparedness and response activities, it is about much more than
managing disasters (UNISDR, 2015a).

Successful DRR results from the combination of top-down, institutional changes and strategies, with
bottom-up, local and community-based approaches. DRM programmes should not be standalone but
instead be integrated within development planning and practice, since disasters are an indicator of
failed or skewed development, of unsustainable economic and social processes, and of ill-adapted
societies (UNISDR, 2009b, 2011, 2013 and 2015a). Approaches need to address the different layers of
risk (from intensive to extensive risk), underlying risk drivers, as well as be tailored to local contexts.
There is no ‘one-size fits all’ approach to DRM, but there exist a number of approaches and frameworks,
which have been effectively implemented to reduce disaster risk. But, before being able to reduce risk,
we need to understand the hazards, and the exposure and vulnerability of people and assets to those
hazards.

How do we reduce risk?

Disaster risk management involves activities related to:

∙ Prevention
o Activities and measures to avoid existing and new disaster risks (often less costly than
disaster relief and response). For instance, relocating exposed people and assets away
from a hazard area.
∙ Mitigation
o The lessening or limitation of the adverse impacts of hazards and related disasters. For
instance, constructing flood defences, planting trees to stabilize slopes and
implementing strict land use and building construction codes.
∙ Transfer
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o The process of formally or informally shifting the financial consequences of particular risks
from one party to another whereby a household, community, enterprise or state
authority will obtain resources from the other party after a disaster occurs, in exchange
for ongoing or compensatory social or financial benefits provided to that other party. For
instance, insurance.
∙ Preparedness
o The knowledge and capacities of governments, professional response and recovery
organisations, communities and individuals to effectively anticipate, respond to, and
recover from the impacts of likely, imminent or current hazard events or conditions. For
instance, installing early warning systems, identifying evacuation routes and preparing
emergency supplies.

Implementation of these activities and measures is rarely done in isolation and includes a number of
associated activities, including:

∙ Identification and measuring disaster risk

∙ Education and knowledge development

∙ Informing people about their risk (awareness raising)

∙ Incorporating DRM into national planning and investment

∙ Strengthening institutional and legislative arrangements

∙ Providing financial protection for people and businesses at risk (finance and contingency
planning)
∙ Integrating DRR across multiple sectors, including health, environment, etc.

Activities for reducing risk can be described as structural, for instance land use planning and
implementation of building codes, and non-structural, for instance awareness raising, policy-making and
legislation. How governments, civil society and other actors organise DRM, for example through
institutional arrangements, legislation and decentralisation, and mechanisms for participation and
accountability is termed risk governance (UNISDR, 2011). There is clear evidence to suggest that low
income countries with weak governance are more vulnerable and less resilient to disaster risk (UNISDR,
2013, 2015a).

Fundamentally, DRR succeeds in reducing risk by building the strengths, attributes and resources
available within a community, society or organization – collectively known as their capacity. DRM
activities are designed to increase the resilience of people, communities, society and systems to resist,
absorb, accommodate and to recover from and improve well-being in the face of multiple hazards.
Activities for reducing and managing risks can therefore provide a way for building resilience to other
risks. In addition to development, DRM should therefore be integrated across a number of sectors,
including climate change and conflict.

Identifying and understanding risk: the foundation of risk reduction

Awareness, identification, understanding and measurement of disaster risks are all clearly
fundamental underpinnings of disaster risk management (UNISDR, 2015b). Disaster risk reduction is
about decisions and choices, including a lack of, so risk information has a role in five key areas of
decision making:

∙ Risk identification
o Because the damages and losses caused by historical disasters are often not widely
known, and because the potential damages and losses that could arise from future
disasters (including infrequent but high-impact events) may not be known at all, DRM is
given a low priority. Appropriate communication of robust risk information at the right
time can raise awareness and trigger action.
∙ Risk reduction
o Hazard and risk information may be used to inform a broad range of activities to reduce
risk, from improving building codes and designing risk reduction measures (such as flood
and storm surge protection), to carrying out macro-level assessments of the risks to
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different types of buildings (for prioritizing investment in reconstruction and retrofitting,


for example).
∙ Preparedness
o An understanding of the geographic area affected, along with the intensity and frequency
of different hazard events, is critical for planning evacuation routes, creating shelters, and running
preparedness drills. Providing a measure of the impact of different hazard events—potential
number of damaged buildings, fatalities and injuries, secondary hazards—makes it possible to
establish detailed and realistic plans for better response to disasters, which can ultimately reduce
the severity of adverse natural events. ∙ Financial protection
o Disaster risk analysis was born out of the financial and insurance sector’s need to
quantify the risk of comparatively rare high-impact natural hazard events. As
governments increasingly seek to manage their sovereign financial risk or support
programs that manage individual financial risks (e.g., micro-insurance or household
earthquake insurance).
∙ Resilient reconstruction
o Risk assessment can play a critical role in impact modelling before an event strikes (in the
days leading up to a cyclone, for example), or it can provide initial and rapid estimates
of human, physical, and economic loss in an event’s immediate aftermath. Moreover,
risk information for resilient reconstruction needs to be available before an event
occurs, since after the event there is rarely time to collect the information needed to
inform resilient design and land-use plans.

If those exposed to hazards are unaware of the risks they face, it is difficult to see how or why
households, businesses or governments would invest in reducing their risk levels. However, while risk
awareness may be a precondition, the importance people attach to managing their risks can only be
understood in the context of the full range of social, economic, territorial and environmental constraints
and opportunities they face (UNISDR, 2015a) - see the story of Ratnapura and the Chao Phraya River
below.

We have over 30 years of research into disaster risk, but much of this is not available in a form that
is understandable or useful to those who need it the most. There is therefore a need for risk scientists
and researchers to shift their focus to the production of risk information that is understandable and
actionable for different kinds of users: in other words, risk knowledge (CDKN, 2014; GFDRR, 2014a in
UNISDR, 2015a,b). Such a shift requires more collaboration and partnerships between scientists and
researchers and those involved in DRR, ranging from governments to local communities.

Governments need to invest in the collection, management and dissemination of risk information,
including disaster loss and impact statistics, hazard models, exposure databases and vulnerability
information. At the same time, they need to put standards and mechanisms in place to ensure openness
and transparency so that users not only have access to the information they need but are aware of its
underlying assumptions and limitations (UNISDR, 2015a). The generation of understandable and
actionable risk information needs to be particularly sensitive to extensive risk, which, because it is
configured to a large extent by social, economic and environmental vulnerability, can be reduced
effectively through risk management and sustainable development practices (UNISDR, 2015b).

REPUBLIC ACT 7600


AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES

SECTION 1. Title. — This Act shall be known as "The Rooming-In and Breast-feeding Act of
1992".

SECTION 2. Declaration of Policy. — The State adopts rooming-in as a national policy to encourage,
protect and support the practice of breast-feeding. It shall create an environment where
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basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the
practice of rooming-in and breast-feeding.

Breast-feeding has distinct advantages which benefit the infant and the mother, including the
hospital and the country that adopt its practice. It is the first preventive health measure that can be
given to the child at birth. It also enhances mother-infant relationship. Furthermore, the practice of
breast-feeding could save the country valuable foreign exchange that may otherwise be used for milk
importation.

Breastmilk is the best food since it contains essential nutrients completely suitable for the infant's
needs. It is also nature's first immunization, enabling the infant to fight potential serious infection. It
contains growth factors that enhance the maturation of an infant's organ systems.

SECTION 3. Definition of Terms. — For purposes of this Act, the following definitions are
adopted:

a) Age of gestation — the length of time the fetus is inside the mother's womb.

b) Bottlefeeding — the method of feeding an infant using a bottle with artificial nipples,
the contents of which can be any type of fluid.

c) Breast-feeding — the method of feeding an infant directly from the human breast.

d) Breastmilk — the human milk from a mother.

e) Expressed breastmilk — the human milk which has been extracted from the breast by
hand or by breast pump. It can be fed to an infant using a dropper, a nasogatric tube, a cup
and spoon, or a bottle.
f) Formula feeding — the feeding of a newborn with infant formula usually by
bottlefeeding. It is also called artificial feeding.

g) Health institutions — are hospitals, health infirmaries, health centers, lying-in centers,
or puericulture centers with obstetrical and pediatric services.

h) Health personnel — are professionals and workers who manage and/or administer the
entire operations of health 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.
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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.

Approved, June 2, 1992


Section 3 out of 18 sections
REPUBLIC ACT NO. 10354

An Act providing for a National Policy on Responsible Parenthood and Reproductive Health

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

assembled:

SECTION 1. Title. – This Act shall be known as “The Responsible Parenthood and Reproductive
Health Act of 2012″.

SEC. 2. Declaration of Policy. – The State recognizes and guarantees the human rights of all
persons including their right to equality and nondiscrimination of these rights, the right to sustainable
human development, the right to health which includes reproductive health, the right to education and
information, and the right to choose and make decisions for themselves in accordance with their
religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.

Pursuant to the declaration of State policies under Section 12, Article II of the 1987 Philippine
Constitution, it is the duty of the State to protect and strengthen the family as a basic autonomous social
institution and equally protect the life of the mother and the life of the unborn from conception. The
State shall protect and promote the right to health of women especially mothers in particular and of the
people in general and instill health consciousness among them. The family is the natural and
fundamental unit of society. The State shall likewise protect and advance the right of families in
particular and the people in general to a balanced and healthful environment in accord with the rhythm
and harmony of nature. The State also recognizes and guarantees the promotion and equal protection
of the welfare and rights of children, the youth, and the unborn.

Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity,
women empowerment and dignity as a health and human rights concern and as a social responsibility.
The advancement and protection of women’s human rights shall be central to the efforts of the State to
address reproductive health care.

The State recognizes marriage as an inviolable social institution and the foundation of the family
which in turn is the foundation of the nation. Pursuant thereto, the State shall defend:

(a) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;
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(b) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;

(c) The right of the family to a family living wage and income; and

(d) The right of families or family associations to participate in the planning and
implementation of policies and programs

The State likewise guarantees universal access to medically-safe, non-abortifacient, effective,


legal, affordable, and quality reproductive health care services, methods, devices, supplies which do not
prevent the implantation of a fertilized ovum as determined by the Food and Drug Administration (FDA)
and relevant information and education thereon according to the priority needs of women, children and
other underprivileged sectors, giving preferential access to those identified through the National
Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of
identifying marginalization, who shall be voluntary beneficiaries of reproductive health care, services
and supplies for free.

The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s
exercise of reproductive health rights.

The State shall also promote openness to life; Provided, That parents bring forth to the world only
those children whom they can raise in a truly humane way.

SEC. 3. Guiding Principles for Implementation. – This Act declares the following as guiding
principles:

(a) The right to make free and informed decisions, which is central to the exercise of any right,
shall not be subjected to any form of coercion and must be fully guaranteed by the State, like
the right itself;

(b) Respect for protection and fulfillment of reproductive health and rights which seek to
promote the rights and welfare of every person particularly couples, adult individuals, women
and adolescents;

(c) Since human resource is among the principal assets of the country, effective and quality
reproductive health care services must be given primacy to ensure maternal and child health,
the health of the unborn, safe delivery and birth of healthy children, and sound replacement
rate, in line with the State’s duty to promote the right to health, responsible parenthood,
social justice and full human development;

(d) The provision of ethical and medically safe, legal, accessible, affordable, non-abortifacient,
effective and quality reproductive health care services and supplies is essential in the
promotion of people’s right to health, especially those of women, the poor, and the
marginalized, and shall be incorporated as a component of basic health care;

(e) The State shall promote and provide information and access, without bias, to all methods of
family planning, including effective natural and modern methods which have been proven
medically safe, legal, non-abortifacient, and effective in accordance with scientific and
evidence-based medical research standards such as those registered and approved by the FDA
for the poor and marginalized as identified through the NHTS-PR and other government
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measures of identifying marginalization: Provided, That the State shall also provide funding
support to promote modern natural methods of family planning, especially the Billings
Ovulation Method, consistent with the needs of acceptors and their religious convictions;

(f) The State shall promote programs that: (1) enable individuals and couples to have the
number of children they desire with due consideration to the health, particularly of women,
and the resources available and affordable to them and in accordance with existing laws,
public morals and their religious convictions: Provided, That no one shall be deprived, for
economic reasons, of the rights to have children;

(2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership
among national government, local government units (LGUs) and the private sector in the
design, implementation, coordination, integration, monitoring and evaluation of people
centered programs to enhance the quality of life and environmental protection; (4) conduct
studies to analyze demographic trends including demographic dividends from sound
population policies towards sustainable human development in keeping with the principles of
gender equality, protection of mothers and children, born and unborn and the promotion and
protection of women’s reproductive rights and health; and (5) conduct scientific studies to
determine the safety and efficacy of alternative medicines and methods for reproductive
health care development;

(g) The provision of reproductive health care, information and supplies giving priority to poor
beneficiaries as identified through the NHTS-PR and other government measures of identifying
marginalization must be the primary responsibility of the national government consistent with
its obligation to respect, protect and promote the right to health and the right to life;

(h) The State shall respect individuals’ preferences and choice of family planning methods that
are in accordance with their religious convictions and cultural beliefs, taking into consideration
the State’s obligations under various human rights instruments;

(i) Active participation by nongovernment organizations (NGOs), women’s and people’s


organizations, civil society, faith-based organizations, the religious sector and communities is
crucial to ensure that reproductive health and population and development policies, plans, and
programs will address the priority needs of women, the poor, and the marginalized;

(j) While this Act recognizes that abortion is illegal and punishable by law, the government
shall ensure that all women needing care for post-abortive complications and all other
complications arising from pregnancy, labor and delivery and related issues shall be treated
and counseled in a humane, nonjudgmental and compassionate manner in accordance with
law and medical ethics;

(k) Each family shall have the right to determine its ideal family size: Provided, however, That
the State shall equip each parent with the necessary information on all aspects of family life,
including reproductive health and responsible parenthood, in order to make that
determination;

(l) There shall be no demographic or population targets and the mitigation, promotion and/or
stabilization of the population growth rate is incidental to the advancement of reproductive
health;
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(m) Gender equality and women empowerment are central elements of reproductive health
and population and development;

(n) The resources of the country must be made to serve the entire population, especially the
poor, and allocations thereof must be adequate and effective: Provided, That the life of the
unborn is protected;

(o) Development is a multi-faceted process that calls for the harmonization and integration of
policies, plans, programs and projects that seek to uplift the quality of life of the people, more
particularly the poor, the needy and the marginalized; and

(p) That a comprehensive reproductive health program addresses the needs of people
throughout their life cycle.

SEC. 4. Definition of Terms. – For the purpose of this Act, the following terms shall be defined as
follows:

(a) Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus
inside the mother’s womb or the prevention of the fertilized ovum to reach and be implanted
in the mother’s womb upon determination of the FDA.

(b) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who
are in transition from childhood to adulthood.

(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving services for
emergency maternal and newborn conditions/complications being provided by a health facility
or professional to include the following services: administration of parenteral oxytocic drugs,
administration of dose of parenteral anticonvulsants, administration of parenteral antibiotics,
administration of maternal steroids for preterm labor, performance of assisted vaginal
deliveries, removal of retained placental products, and manual removal of retained placenta. It
also includes neonatal interventions which include at the minimum: newborn resuscitation,
provision of warmth, and referral, blood transfusion where possible.

(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to lifesaving
services for emergency maternal and newborn conditions/complications as in Basic Emergency
Obstetric and Newborn Care plus the provision of surgical delivery (caesarian section) and
blood bank services, and other highly specialized obstetric interventions. It also includes
emergency neonatal care which includes at the minimum: newborn resuscitation, treatment of
neonatal sepsis infection, oxygen support, and antenatal administration of (maternal) steroids
for threatened premature delivery.

(e) Family planning refers to a program which enables couples and individuals to decide freely
and responsibly the number and spacing of their children and to have the information and
means to do so, and to have access to a full range of safe, affordable, effective, non
abortifacient modem natural and artificial methods of planning pregnancy.

(f) Fetal and infant death review refers to a qualitative and in-depth study of the causes of fetal
and infant death with the primary purpose of preventing future deaths through changes or
additions to programs, plans and policies.
105

(g) Gender equality refers to the principle of equality between women and men and equal
rights to enjoy conditions in realizing their full human potentials to contribute to, and benefit
from, the results of development, with the State recognizing that all human beings are free
and equal in dignity and rights. It entails equality in opportunities, in the allocation of
resources or benefits, or in access to services in furtherance of the rights to health and
sustainable human development among others, without discrimination.

(h) Gender equity refers to the policies, instruments, programs and actions that address the
disadvantaged position of women in society by providing preferential treatment and
affirmative action. It entails fairness and justice in the distribution of benefits and
responsibilities between women and men, and often requires women-specific projects and
programs to end existing inequalities. This concept recognizes that while reproductive health
involves women and men, it is more critical for women’s health.

(i) Male responsibility refers to the involvement, commitment, accountability and


responsibility of males in all areas of sexual health and reproductive health, as well as the care
of reproductive health concerns specific to men.

(j) Maternal death review refers to a qualitative and in-depth study of the causes of maternal
death with the primary purpose of preventing future deaths through changes or additions to
programs, plans and policies.

(k) Maternal health refers to the health of a woman of reproductive age including, but not
limited to, during pregnancy, childbirth and the postpartum period.

(l) Modern methods of family planning refers to safe, effective, non-abortifacient and legal
methods, whether natural or artificial, that are registered with the FDA, to plan pregnancy.

(m) Natural family planning refers to a variety of methods used to plan or prevent pregnancy
based on identifying the woman’s fertile days.

(n) Public health care service provider refers to: (1) public health care institution, which is duly
licensed and accredited and devoted primarily to the maintenance and operation of facilities
for health promotion, disease prevention, diagnosis, treatment and care of individuals
suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other
medical and nursing care; (2) public health care professional, who is a doctor of medicine, a
nurse or a midwife; (3) public health worker engaged in the delivery of health care services; or
(4) barangay health worker who has undergone training programs under any accredited
government and NGO and who voluntarily renders primarily health care services in the
community after having been accredited to function as such by the local health board in
accordance with the guideline’s promulgated by the Department of Health (DOH).

(o) Poor refers to members of households identified as poor through the NHTS-PR by the
Department of Social Welfare and Development (DSWD) or any subsequent system used by
the national government in identifying the poor.

(p) Reproductive Health (RH) refers to the state of complete physical, mental and social well
being and not merely the absence of disease or infirmity, in all matters relating to the
reproductive system and to its functions and processes. This implies that people are able to
have a responsible, safe, consensual and satisfying sex life, that they have the capability to
reproduce and the freedom to decide if, when, and how often to do so. This further implies
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that women and men attain equal relationships in matters related to sexual relations and
reproduction.

(q) Reproductive health care refers to the access to a full range of methods, facilities, services
and supplies that contribute to reproductive health and well-being by addressing reproductive
health-related problems. It also includes sexual health, the purpose of which is the
enhancement of life and personal relations. The elements of reproductive health care include
the following:

(1) Family planning information and services which shall include as a first priority making
women of reproductive age fully aware of their respective cycles to make them aware of
when fertilization is highly probable, as well as highly improbable;

(2) Maternal, infant and child health and nutrition, including

breastfeeding; (3) Proscription of abortion and management of abortion

complications; (4) Adolescent and youth reproductive health guidance and

counseling;

(5) Prevention, treatment and management of reproductive tract infections (RTIs), HIV
and AIDS and other sexually transmittable infections (STIs);

(6) Elimination of violence against women and children and other forms of sexual and
gender-based violence;

(7) Education and counseling on sexuality and reproductive health;

(8) Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders;

(9) Male responsibility and involvement and men’s reproductive health;

(10) Prevention, treatment and management of infertility and sexual

dysfunction; (11) Reproductive health education for the adolescents; and

(12) Mental health aspect of reproductive health care.

(r) Reproductive health care program refers to the systematic and integrated provision of
reproductive health care to all citizens prioritizing women, the poor, marginalized and those
invulnerable or crisis situations.

(s) Reproductive health rights refers to the rights of individuals and couples, to decide freely
and responsibly whether or not to have children; the number, spacing and timing of their
children; to make other decisions concerning reproduction, free of discrimination, coercion
and violence; to have the information and means to do so; and to attain the highest standard
of sexual health and reproductive health: Provided, however, That reproductive health rights
do not include abortion, and access to abortifacients.

(t) Reproductive health and sexuality education refers to a lifelong learning process of
providing and acquiring complete, accurate and relevant age- and development-appropriate
107

information and education on reproductive health and sexuality through life skills education
and other approaches.

(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and other
types of infections affecting the reproductive system.

(v) Responsible parenthood refers to the will and ability of a parent to respond to the needs
and aspirations of the family and children. It is likewise a shared responsibility between
parents to determine and achieve the desired number of children, spacing and timing of their
children according to their own family life aspirations, taking into account psychological
preparedness, health status, sociocultural and economic concerns consistent with their
religious convictions.

(w) Sexual health refers to a state of physical, mental and social well-being in relation to
sexuality. It requires a positive and respectful approach to sexuality and sexual relationships,
as well as the possibility of having pleasurable and safe sexual experiences, free from coercion,
discrimination and violence.

(x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed
on through sexual contact, use of IV, intravenous drug needles, childbirth and breastfeeding.

(y) Skilled birth attendance refers to childbirth managed by a skilled health professional
including the enabling conditions of necessary equipment and support of a functioning health
system, including transport and referral faculties for emergency obstetric care.

(z) Skilled health professional refers to a midwife, doctor or nurse, who has been educated and
trained in the skills needed to manage normal and complicated pregnancies, childbirth and the
immediate postnatal period, and in the identification, management and referral of
complications in women and newborns.

(aa) Sustainable human development refers to bringing people, particularly the poor and
vulnerable, to the center of development process, the central purpose of which is the creation
of an enabling environment in which all can enjoy long, healthy and productive lives, done in
the manner that promotes their rights and protects the life opportunities of future generations
and the natural ecosystem on which all life depends.

Approved, December 21, 2012


4 out of 30 sections

REPUBLIC ACT NO. 10152


AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND CHILDREN,
REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 996, AS AMENDED

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

SECTION 1. Title.—This Act shall be known as the “Mandatory Infants and Children Health
Immunization Act of 2011”.

SEC. 2. Declaration of Policy.—In accordance with Article II, Section 15 of the Constitution, it is
hereby declared to be the policy of the State to take a proactive role in the preventive health care of
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infants and children. Towards this end, the State shall adopt a comprehensive, mandatory and
sustainable immunization program for vaccine-preventable diseases for all infants and
children.

SEC. 3. Coverage.—The mandatory basic immunization for all infants and children provided under
this Act shall cover the following vaccine-preventable diseases:

(a) Tuberculosis;
(b) Diphtheria, tetanus and pertussis;
(c) Poliomyelitis;
(d) Measles;
(e) Mumps;
(f) Rubella or German measles;
(g) Hepatitis-B;
(h) H. Influenza type B (HIB); and
(i) Such other types as may be determined by the Secretary of Health in a department circular.

The mandatory basic immunization shall be given for free at any government hospital or health
center to infants and children up to five (5) years of age.

Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to ah
infants born in hospitals, health infirmaries, health centers or lying-in centers with obstetrical and
pediatric services, whether public or private, within twenty-four (24) hours after birth: Provided,
however, That in cases of infants born in places other than the above, any duly licensed physician, nurse
or midwife who delivers, or assists in the delivery of the newborn shall be responsible for administering
the vaccine to the latter: Provided, further. That for deliveries assisted by persons other. than the health
professionals mentioned above, the infant should be brought to any available health care facility so as to
be immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than seven (7)
days: Provided, finally, That subsequent doses of Hepatitis-B vaccination shall be completed according to
the recommended schedule of Hepatitis-B immunization, as may be provided in the implementing rules
and regulations to be issued by the Department of Health (DOH).

Approved, June 21, 2011


3 out of 11 sections

Republic Act No. 10666


AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYLES

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

SECTION 1. Short Title. – This Act shall be known as “Children’s Safety on Motorcycles Act of
2015”.

SEC. 2. Declaration of Policy. – It is the policy of the State to defend the right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their development.

Towards this end, the State shall pursue a more proactive and preventive approach to secure the
safety of passengers, especially children, by regulating the operation of motorcycles along roads and
highways.

SEC. 3. Definitions. – For purposes of this Act, the following terms shall mean:
109

(a) Motorcycle refers to any two (2)-wheeled motor vehicle having one (1) or two (2) riding
saddles;

(b) Public roads refer to roads designed by the national government or local government
units as roads for public use such as, but not limited to, national highways, provincial roads,
city, municipal and barangay streets;

(c) Foot peg refers to a flat form attached to the motorcycles on which to stand or brace the
feet; and

(d) Rider refers to the driver of a motorcycle.

SEC. 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle
with a child on board on public roads where there is heavy volume of vehicles, there is a high density of
fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the
motorcycle;
(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

(c) The child is wearing a standard protective helmet referred to under Republic Act No.
10054, otherwise known the “Motorcycle Helmet Act of 2009.”

SEC. 5. Exception. – Notwithstanding the prohibition provided in the preceding section, this Act
shall not apply to cases where the child to be transported requires immediate medical attention.

SEC. 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act
shall be fined with an amount of three thousand pesos (P3,000.00) for the first offense; five thousand
pesos (P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the third and
succeeding offenses.

Moreover, for the third offense, the driver’s license of the offender shall be suspended for
a period of one (1) month.

Violation of these provisions beyond the third time shall result to automatic revocation of the
offender’s driver’s license.

SEC. 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to
increase or adjust the amounts of fines herein imposed: Provided, That:

(a) The increase or adjustment is made after public consultation once every three (3) years
from the effectivity of this Act and in the amount not exceeding twenty percent (20%) of
the amounts sought to be increased or adjusted;

(b) A thorough study has been conducted indicating that the existing amounts are no longer
an effective deterrent;

(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been
considered in the determination of the increase or adjustment; and
110

(d) The increases or adjustment shall only become effective fifteen (15) days after its
publication in two (2) newspapers of general circulation.

SEC. 8. Qualifying Circumstances. – If, in violation of the provisions of this Act, death shall have
resulted or serious or less serious injuries shall have been inflicted upon the child or any other person, a
penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator of the
motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise known
as “The Revised Penal Code of the Philippines”, as amended.

SEC. 9. Authority to Deputize Traffic Enforcers and Local Government Units (LGUs). — To
effectively implement the provisions of this Act, the LTO is hereby given the authority to deputize
members of the Philippine National Police (PNP), the Metropolitan Manila Development Authority
(MMDA) and the LGUs to carry out enforcement functions and duties.

SEC. 10. Public Information Campaign. – Not later than thirty (30) days following the
promulgation of the Implementing Rules and Regulations (IRR) of this Act, the LTO, in coordination with
the Philippine Information Agency (PIA), the Department of Education (DepED) and concerned private
organizations and agencies, shall undertake a nationwide information and education campaign for a
period of three (3) months on the important provisions of this Act and its IRR.

Thereafter, the aforementioned agencies shall include the essential provisions of this Act in their
respective annual communications programs.

SEC. 11. Implementing Rules and Regulations. – As the lead agency, the LTO shall formulate the
IRR of this Act within ninety (90) days after its effectivity.

SEC. 12. Separability Clause. – If for any reason any section or provision of this Act is declared
unconstitutional, other provisions hereof which are not affected thereby shall continue to be in full force
and effect.

SEC. 13. Repealing Clause. – All laws, decrees, or rules and regulations which are inconsistent
with or contrary to the provisions of this Act are hereby amended or repealed.

SEC. 14. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Approved, July 21, 2015

REPUBLIC ACT NO. 10821


AN ACT MANDATING THE PROVISION OF EMERGENCY RELIEF AND PROTECTION FOR CHILDREN
BEFORE, DURING, AND AFTER DISASTERS AND OTHER EMERGENCY SITUATIONS

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

SECTION 1. Short Title. – This Act shall be known as the “Children’s Emergency Relief and
Protection Act”.

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect the fundamental
rights of children before, during, and after disasters and other emergency situations when children are
gravely threatened or endangered by circumstances that affect their survival and normal
111

development. Guided by the principles on survival and development, on child participation, and
consistent with the United Nations Convention on the Rights of the Child, as well as the Children’s
Charter for Disaster Risk and Reduction, and the minimum standards for children in humanitarian action,
the State shall establish and implement a comprehensive and strategic program of action to provide the
children and pregnant and lactating mothers affected by disasters and other emergency situations with
utmost support and assistance necessary for their immediate recovery and protection against all forms
of violence, cruelty, discrimination, neglect, abuse, exploitation and other acts prejudicial to their
interest, survival, development and well-being.

SEC. 3. Definition of Terms. – For the purposes of this Act, the following shall refer to:

(a) Child – refers to a person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation Or discrimination because of a physical or mental disability or condition as
defined in Republic Act No. 7610 or the Special Protection of Children Against Abuse,
Exploitation and Discrimination Act;

(b) Child with Special Needs – refers to a child with a developmental or physical disability as
defined in Republic Act No. 10165 or the Foster Care Act of 2012;

(c) Child-Friendly Spaces – refer to spaces where communities create nurturing


environments for children to engage in free and structured play, recreation, leisure and
learning activities. The child-friendly space may provide health, nutrition, and psychosocial
support, and other services or activities which will restore their normal functioning;

(d) Civil Registry Documents – refer to all certificates, application forms, and certified true
copies of legal instruments and court decrees concerning the acts and events affecting the
civil status of persons which are presented before the Civil Registrar and are recorded in the
Civil Registry;

(e) Civil Society Organizations (CSOs) – as defined in Republic Act No.10121 or the
Philippine Disaster Risk Reduction and Management Act of 2010, refer to non-state actors
whose aims are neither to generate profits nor to seek governing power such as
nongovernment organizations (NGOs), professional associations, foundations, independent
research institutes, community-based organizations (CBOs), faith-based organizations,
people’s organizations, social movements, and labor unions which are organized based on
ethical, cultural, scientific, religious or philanthropic considerations;

(f) Disasters – as defined in Republic Act No. 10121, refer to a serious disruption of the
functioning of a community or a society involving widespread human, material, economic,
or environmental losses and impacts, which exceeds the ability of the affected community
or society to cope using its own resources. Disasters are often described as a result of the
combination of: the exposure to a hazard; the conditions of vulnerability that are present;
and insufficient capacity or measures to reduce or cope with the potential negative
consequences. Disaster impacts may include loss of life, injury, disease and other negative
effects on human, physical, mental and social well-being, together with damage to
property, destruction of assets, loss of services, social and economic disruption, and
environmental degradation;

(g) Emergency – refers to unforeseen or sudden occurrence, especially danger, demanding


immediate action as defined in Republic Act No. 10121;
112

(h) Family Tracing and Reunification – refers to the process where disaster response teams
reunite families separated by natural and human catastrophes by bringing together the
child and family or previous care-provider for the purpose of establishing or reestablishing
long-term care;

(i) Hazard – refers to a dangerous phenomenon, substance, human activity or condition that
may cause loss of life, injury or other health impacts, property damage, loss of livelihood
and services, social and economic disruption, or environmental damage as defined in
Republic Act No. 10121;

(j) Orphans or Orphaned Children – refer to children who do not have a family and relatives
who can assume responsibility for their care;

(k) Separated Children – refer to children separated from both parents, or from their
previous legal or usual primary caregiver, but not necessarily from other relatives. As a
result, this may include children accompanied by other family members;
(l) State of Calamity – refers to a condition involving mass casualty and/or major damages
to property, disruption of means of livelihoods, roads, and normal way of life of people in
the affected areas as a result of occurrence of natural or human-induced hazard as defined
in Republic Act No. 10121;

(m) Transitional Shelter – refers to structures temporarily constructed by the government


intended for families affected by a disaster while awaiting transfer to permanent shelters;
and

(n) Unaccompanied Children – refer to children who have been separated from both
parents and other relatives, and who are not being cared for by an adult who, by law or
custom, is responsible for doing so.

Approved, May 18, 2016


4 out of 15 sections

Presidential Decree 603


THE CHILD AND YOUTH WELFARE CODE

TITLE I. GENERAL PRINCIPLES

Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and
happy life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.

The molding of the character of the child start at the home. Consequently, every member of the
family should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.
113

Attachment to the home and strong family ties should be encouraged but not to the extent of
making the home isolated and exclusive and unconcerned with the interests of the community and the
country.

The natural right and duty of parents in the rearing of the child for civic efficiency should receive
the aid and support of the government.

Other institutions, like the school, the church, the guild, and the community in general, should assist
the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.

Art. 2. Title and Scope of Code. - The Code shall be known as the "Child and Youth Welfare Code".
It shall apply to persons below twenty-one years of age except those emancipated in accordance with
law. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons.

Art. 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other
factors.

(1) Every child is endowed with the dignity and worth of a human being from the moment of his
conception, as generally accepted in medical parlance, and has, therefore, the right to be born
well.

(2) Every child has the right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.

The dependent or abandoned child shall be provided with the nearest substitute for a home.

(3) Every child has the right to a well-rounded development of his personality to the end that he may
become a happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his special talents.

The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to the development of
his skills for the improvement of his capacity for service to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of his leisure hours.
114

(8) Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.

(9) Every child has the right to live in a community and a society that can offer him an environment
free from pernicious influences and conducive to the promotion of his health and the cultivation of his
desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection of the State, particularly when
his parents or guardians fail or are unable to provide him with his fundamental needs for growth,
development, and improvement.

(11) Every child has the right to an efficient and honest government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public and
private lives.

(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute his
share in the building of a better world.
Art. 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex,
religion, social status, political antecedents and other factors shall:

(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the
teachings of his elders and mentors, and the biddings of a clean conscience;

(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with
them to keep the family harmonious and united;

(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal
education suited to his abilities, in order that he may become an asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our people, the memory of our
heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of
democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in
mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership
in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.

3 out of 213 articles

REPUBLIC ACT NO. 9211


AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO
PRODUCTS AND FOR OTHER PURPOSES
115

SECTION 1. Short Title.—This Act shall be known as the Tobacco Regulation Act of 2003.

SECTION 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 interests of tobacco farmers, growers, workers
and stakeholders are not adversely compromised.

SECTION 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 provisions of this Act.

SECTION 4. Definition of Terms.—As used in this Act:

a. “Advertisement”—refers to any visual and/or audible message disseminated to the public


about or on a particular product that promote and give publicity by words, designs, images or
any other means through broadcast, electronic, print or whatever form of mass media,
including outdoor advertisements, such as but not 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 products; and cigarette or tobacco trademarks, brand names, design and
manufacturer’s names;

c. “Advertiser”—refers to a person or entity on whose account or for whom an advertisement


is prepared and disseminated by the advertising agency, which is a service established and
116

operated for the purpose of counseling or creating and producing and/or implementing
advertising programs 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 term 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 purpose, 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;

h. “Manufacturer”—refers to any person or entity, including a repacker, who makes,


fabricates, assembles, processes, or labels a finished product;
i. “Package”—refers to packs, boxes, cartons or containers of any kind in which any tobacco
product is offered for sale to consumers;

j. “Person”—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. “Promotion”—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, distributor or retailer. It may also refer to the display of a tobacco
product or manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes
the paid use of tobacco products bearing the brand names, trademarks, logos, etc. in movies,
television and other forms of entertainment. For the purpose of this Act, promotion shall be
understood as tobacco promotion;

m. “Public Conveyances”—refer to modes 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 enclosed or confined areas of all hospitals, medical clinics, schools,
public transportation terminals and offices, and buildings 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;
117

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 Product”—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 for smoking or oral or nasal use. Unless stated otherwise, the requirements of this
Act pertaining to cigarettes shall also 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 aired in broadcast or electronic media including outdoor advertising and
which shall bear information on the hazards of tobacco use.

Healthful Environment

Approved, June 23, 2003


4 out of 41 sections

Reading List for ETHICAL CONSIDERATIONS IN COMMUNITY HEALTH NURSING PUBLIC HEALTH LAWS:

[1] Magna Carta of Public Health Workers


https://www.officialgazette.gov.ph/downloads/1992/03mar/19920326-RA-07305-FVR.pdf
[2] Code on Sanitation
https://www.officialgazette.gov.ph/1975/12/23/presidential-decree-no-856-s-1975/
[3] An Act Providing for a Comprehensive Air Pollution Control Policy and for Other Purposes
https://emb.gov.ph/wp-content/uploads/2015/09/RA-8749.pdf
[4] An Act to Promote, Require And Ensure The Production of an Adequate Supply, Distribution, Use and
Acceptance of Drugs and Medicines Identified by Their Generic Names
https://www.officialgazette.gov.ph/1988/09/13/republic-act-no-6675/
[5] An Act to Promote, Require and Ensure the Production of an Adequate Supply, Distribution, Use and
Acceptance of Drugs and Medicines identified by Their Generic Names
https://www.doh.gov.ph/sites/default/files/policies_and_laws/ra
%2010606.pdf [6] National Blood Services Act of 1994
https://www.officialgazette.gov.ph/1994/05/05/republic-act-no-7719/
[7] Law on Notifiable Disease: Mandatory Reporting of Notifiable Diseases and Health Events of Public
Health Concern Act
https://lawphil.net/statutes/repacts/ra2019/ra_11332_2019.html
[8] Expanded Senior Citizens Act of 2010
https://www.officialgazette.gov.ph/2010/02/15/republic-act-no-9994/
[9] Comprehensive Dangerous Drugs Act of 2002
https://lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html
[10] Universally Accessible Cheaper and Quality Medicines Act of 2008
https://www.lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html
118

[11] Save the Children


https://www.savethechildren.org.ph/about-us/who-we-are/
[12] Violence against Women
https://www.doh.gov.ph/node/1414
[13] Disaster Risk Reduction & Disaster Risk Management
https://www.preventionweb.net/risk/drr-drm
[14] The Rooming-In and Breast-feeding Act of 1992
https://www.pcw.gov.ph/law/republic-act-7600
[15] The Responsible Parenthood and Reproductive Health Act of 2012
https://pcw.gov.ph/law/republic-act-10354
[16] Mandatory Infants and Children Health Immunization Act of 2011
https://www.youtube.com/watch?v=qGeat9UVOgI
*17+ Children’s Safety on Motorcycles Act of 2015
https://www.officialgazette.gov.ph/2015/07/21/republic-act-no-10666/
*18+ Children’s Emergency Relief and Protection Act
https://www.officialgazette.gov.ph/2016/05/18/republic-act-no-10821/
[19] The Child and Youth Welfare Code
https://www.pcw.gov.ph/law/presidential-decree-no
603#:~:text=Art.&text=%2D%20The%20Code%20shall%20be%20known,shall%20refer%20to
%2 0such%20persons.
[20] Tobacco Regulation Act of 2003
https://www.officialgazette.gov.ph/2003/06/23/republic-act-no-9211/

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