PUBLIC HEALTH LAW

PUBLIC HEALTH LAWS

“When every man lives without law every man lives without freedom.” – by: Joseph Ratzinger –
Pope Benedict XVI

 This means that laws are created to preserve freedom & moral agency.

 While laws are prescribed by controlling authorities & must be followed, observed &
obeyed by all citizens, it has a legal binding force that also protects the rights of the
common & ordinary people.

PUBLIC HEALTH LAW

 Is a field that focuses legal practice, scholarship & advocacy on issues involving the
government’s legal authorities & duties “to ensure the conditions for people to be
healthy,” & how to balance these authorities & duties with “individual rights” to
autonomy, privacy, liberty, property & other legally protected interests.
 Public Health Law or legislation has clearly set out the mandate, powers &
responsibilities of the government & of public health officials not only to ensure that
public health officials have the powers they need but also to help ensure that governments
remain accountable for the discharge of their statutory duties & functions.
 The responsibilities of regional, local & city councils should be explicitly or clearly
stated in legislation.
 For countries like the Philippines that have devolved public health functions to regional
& local levels, need to ensure that national coordination is not jeopardized & that the
availability, accessibility & quality of public health services is never compromised.
 Public Health Legislation should establish a clear mechanisms for coordinating the
activities of different levels of government especially during public health emergencies.

HEALTH LAW
 - Area of law concerned w/ the health of individuals & populations, the provision of health
care & the operation of the health care system. (Wikipedia)
- Examples of health laws in the Philippines: Mental Health Law, Universal Health Care
Act, RA 11346 (Sin Tax Law), RA no.10354 (RH Law), Philippine AIDS Prevention &
Control Act.

FUNCTIONS OF LAW IN CHN PRACTICE:

1. Provide guidance in the nursing actions for medico-legal cases.
- Medico-legal cases refers to case of injury or illness that indicates investigation by law
enforcement agencies to establish & fix the criminal responsibility for the case according
to the law of the country.
- i.e., rape, violence against women & children, gunshot incidents, vehicular accidents

2. Helps to set limitations in the nursing independent actions

- Negligence: Means that the nurse is answerable for a failure to do the right action or
doing a grossly negligent action.

3. Helps in maintaining standards of nursing practice

4. Differentiates the nurses responsibilities from other health professionals

SOURCES OF PUBLIC HEALTH LAW

FIVE BASIC LEGAL SOURCES

1. Constitution
2. International Agreements
3. Legislation
4. Regulations
5. Case Laws

1. CONSTITUTION
  A body of fundamental principles or established precedents according to which a state or
other organization is acknowledged to be governed.
 All government action to advance public health must be consistent with constitutional
authority & constitutional protections of individual rights.

3 MAIN PURPOSES OF CONSTITUTION:

 It creates a national government consisting of a legislative, executive & judicial branch
with the system objects & balances among the 3 branches.
 It divides power between the federal government & the states.
 It protects various individual liberties.

—
2. INTERNATIONAL AGREEMENTS
 Formal understandings of commitments b/n 2 or more countries.
 Under U.S. law, a treaty is specifically a legally binding agreement between countries
that requires ratification and the “advice and consent” of the Senate.
 The President of the Philippines may bind the US to international treaties & executive
agreements that require creation of domestic laws or that is on par with federal statutes.
 FEDERAL STATUTES – laws enacted by congress with the approval of the President.
 Ex. Agreement b/n the Government of the US of America & the Government of the
Republic of the Philippines regarding the treatment of Republic of the Philippines
Personnel visiting the USA.
 This includes agreements on working visa mostly for nurses.
3. LEGISLATION
 The Legislative branch (i.e., Congress, state legislatures & City Councils other local
legislative bodies) create policies & distributes public funds by enacting statues, which
are commonly called ordinances at the local level.
 In Cotabato City, one of the most popular ordinances right now is the no movement
Sunday. This is to give time for the establishments particularly groceries & other
department stores to clean up to be able to establish safe environment in particular to
control transmission of COVID-19.
  ORDINANCE – a law passed by a municipal government. It is the equivalent of a statute,
passed by a city council, or an equivalent body. Cities have only those legislative powers
that are expressly granted to them by their state’s constitution or laws. This provision
applies to both general law & home rule cities & counties.
 GENERAL LAW – is a law that is unrestricted as to time & is applicable throughout the
entire territory subject to the power of the legislature that enacted it & it applies to all
persons in the same class.

EXAMPLE OF CITY ORDINANCES

4. REGULATIONS

 In here, the executive branch composed of the President, governor, mayor, county executive
and agencies such as departments of public health; may issue rules and regulations based on
authority delegated by the legislature through statutes.
 Executive branch officials are authorized to issue to legally binding executive orders.
 Regulatory decisions, and the laws governing executive branch actions, are known
collectively as ”administrative law”.

ADMINISTRATIVE LAW
 Is a branch of public law that is concerned with the procedures, rules, and regulations of a
number of governmental agencies…
 An example of administrative law is the regulation and operation of the DSWD, DOH and
other related government agencies whose responsibility is the administration of benefits to
 the people. Further, it is described as the body of law that regulates the operation and
procedures of government agencies, it is also known as “regulatory laws”.
 It is a branch of public law that dictates how governmental agencies and offices are tow
work both at central and state level. It is mostly judge made law that provides the guidelines
for public administrations and ensuring public welfare
 It includes the rule-making power of administrative bodies wherein higher legislative offices
delegate their powers to:
 1. ensure better administration and implementation of rules and regulations, quasi-
judicial function of administrative agencies, legal liabilities of public authorities.
 2. ensures that the executive wing of the democracy treats the public fairly.

REGULATORY LAWS
 Deals with the procedure establish by federal state and local administrative agencies.

LOCAL BOARDS OF HEALTH

 Are administrative bodies whose members are appointed or elected to lead, guide and
oversee the delivery of public health services and activities in their local communities.
 The role boards of health play in public health generally depends on their legal authority
and powers as defined in state statutes. In addition, executive branch officials are authorized
to issue legally binding executive orders.
 (Health & Wellbeing and Local Boards TANI 19 Feb 2020)

5. CASE LAW
 A law that is based on judicial decisions rather than the law based on constitutions, statutes
or regulations.
 Case law is also used interchangeably with common law which refers to the collection of
presidents and authorities set by previous judicial decisions on a particular issue or topic.
 Case law is the collection of past legal decisions written by courts and similar tribunals in
the course of deciding cases.
 The judicial branch, through courts, resolves disputes and interprets laws, including
balancing community needs with constitutionally-protected rights of individuals.
MAJOR AREAS OF PRACTICE OF PUBLIC HEALTH LAW

1. Police Power
2. Disease and injury prevention
3. Law of population

1. POLICE POWER
 Enact and enforces laws for the promotion of the general welfare, regulate private rights in
the public interests and extend measures to all great public needs.
 Examples of the federal use of the police power food and drug regulations, environmental
preservation laws, and workplace safety laws. State and local public health laws are
exercises of the police power.

2. DISEASE AND INJURY PREVENTION

 Public health practice is based on scientifically strategies for improving the quality of life
and reducing morbility and premature mortality to maximize the health benefits of available
resources public health decision makers require information, the effectiveness as well as the
economic and social impact of disease and injury prevention.
 Practitioners apply legislation, regulation, litigation (private enforcement), and international
law to public health problems using the law as an instrument of public health.
 Example: Litigation against tobacco companies in the US provides an excellent example.
 The need to apply isolation or quarantine measures, in order to reduce public health threats.

3. LAW OF POPULATION
 Public health law examines the authority of the government at various jurisdictional levels to
improve the health of the general population within societal limits and norms.
 The law of population is a broad concept that talks about the growth or the need of the
population against the available resources of the government.

“Ignorance of the law excuses no man from practicing it.”

- Addison Misner

“A law is valuable, not because it is a law, but because there is right in it”
- Henry Ward Beecher

“The law is the public conscience”

- Thomas Hobbies
NCM 104
PUBLIC HEALTH LAWS PART 2

-some of the salient points of the law that has a direct effect on the practice of the
nursing profession specially for those who are employed in government institutions, and
laws that protect the environement

1. MAGNA CARTA FOR PUBLIC HEALTH WORKERS/ RA 7305

 RA 7305 - Approved : March 26, 1992
- This act was enacted to ensure that health workers are properly compensated
thereby helping to promote better delivery of quality health care services.
- -This law is only applicable for nurses and other health relarted workers
employed in government institutions and government owned agencies.
- -Declaration of the policy of this act states that the state shall instill health
consciousness among the people to effectively carry out the health programs and
projects to the government essential for teh growth of the nation
- -Towards the end, this acts aims to :
1. Promote and improve the social and economic wellbeing of the health
workers, their living and working conditions and terms of employment.
2. To develop the skills and capabilities of nurses and other health workers in
order that they will be more responsive and better equipped to deliver
health projects and programs.
3. Encourage those with proper qualifications and excellent abilities to join
and remain in government service. I know you are aware that majority of our
specialized, trained and skilled nurses are working abroad for reasons such that
Philippines has a job scarce environment and health institutions has poor
working conditions. Apart from that, the country has been dependent also on
labor migration to lessen the unempleymont rate in particular with the nurse in
the country.

SECTION 3. DEFINITON:
“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 establishmnets owned and opearted 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. So this means that all person working in all health related
works / environment are considered as health care workers and are entitled to
the benefits/ coverage stipulated in this act.

SPECIAL BENEFITS:

- -Hazzard allowance, subsistence allowance, longevity pay, laundry allowance

and remote assignment allowance.
- -It also covers free living quarters within the hospital, sanitarium or health
infirmary or if such quarters are not available, shall receive quarter allowance as
may be determined by the Secretay of Health and other appropriate government
agencies concerned.

SALIENT POINTS:

Security of Tenure
- In case if regular employment of public health workers, their services shall not
be terminated except for cause provided by law and after due process.

Discrimination Prohibited
- A public worker shall not be discriminated against with regard to gender, civil
status, creed, religious or political beliefs, and ethnic groupings in the exercise of
his/ her profession.

No Understaffing / Overloading of Health Staff

- The ratio of health staff to patient load shall be such as to reasonably effect a
sustained delivery of quality health care at all times without overworking the
public health worker and over extending his/her duty and service. Health
students and apprentices shall be allowed only for purposes of training and
education.

Safeguard in Disciplinary Procedures

- In every disicplinary proceeding, the public health worker shall have:

a) the right to be informed, in writing, of the charges;

b) The right to full access to the evidence in the case;
c) The right to defend himself/ herself and be given adequate time for the
preparation of his/ her defense
d) The right to confront witnesses presented against his/her and summon witnesses
in his/her behalf;
e) The right to appeal to designated authorities;
 f) The right to reimbursement of reasonable expenses incurred in his/her defense in
case of exoneration or dismissal of the charges; and
g) Such other rights as will ensure fairness and impartiality during proceedings.

SEC. 13. DUTIES AND OBLIGATIONs

- With the benefits and other protections in favor of the health works are explicitly
stated in this act under Sec. 13 are also duties and obligations of a public health
worker
a) Discharge his/her duty humanely with conscience and dignity;
b) Perform his/her duty with outmost respect for life, race, gender, religion,
nationality, party policies, social distancing or capacity to pay. So this means that
the Public Health Nurse are reminded to / should practice prudently, morally and
legally the ethical principles (7 Ethical Principles)

SEC. 15. NORMAL HOURS OF WORK

- The normal hours of work of any Public Health Worker should not exceed 8
hours/ day or 40 hours/ week.
Hours worked shall include:
a) all the time during which a public health worker are required to be on active duty/
to be at a prescribed work place.
b) All the time during which a public health worker is suffered or permitted to work.
Provided, that the time when the public health worker is placed on “On Call”
status shall not be considered as hours worked but shall entitled the public health
worker to an “On Call” pay equivalent to fifty percent (50%) of his/her regular
wage.
 So when we say on call status this refers to a condition where public health
workers are called upon to respond to immediate need for help or medical
assitance or relief work during emegrenices such that he/she cannot devote
his time for his/her own use.

SEC. 16. OVERTIME WORK

- Where the exigencies of the service so require, any public health worker may be
required to render service beyond the normal 8 hours/day. In such a case, the
workers shall be paid and additional compensation in accordance with existing
laws and prevailing practices.

SEC. 17. WORK DURING REST DAY

a) Where a public health worker is made to work on his/her schedule rest day he
shall be paid an additional compensation in accordance with existing laws
b) Where a public health worker is made to work on any special holiday, he shall
be paid an additional compensation in accordance with existing
laws……………..
 Where such holiday work falls on the workers’ scheduled rest day, he/she
shall be entitled to an additional compensation as may be provided by
existing laws.
  So this means that a public health worker shall and should receive an
additional payment for a service rendered during his rest day, so the
computation for the additional pay depends on the type of holiday.
 Official holiday - like Christmas Day, 100% of salary rate / hour

SEC. 18. NIGHT-SHIFT DIFFERENTIAL

a) Every public health worker shall be paid night-shift differential of ten percent
(10%) of his/her regular wage for each hour of work performed during the night-
shifts customarily adopted by hospitals.
b) Every health worker requireed to work on the period covered after his/her
regular schedule shall be entitled to his/her regular wage plus the regular
overtime rate and an additional amunt of ten percent (10%) of such overtime
rate for each hour of work performed between ten (1) o’clock in the evening to
six (6) o’clock in the morning.

SEC. 37. PROHIBITION AGAINST ELIMINATION AND/OR DIMINUTION

- Nothing in this law shall be construed to eliminate or in any way diminish benefits
being enjoyed by public health workers at the time of the effectivity of this Act.
So any benefits or probitions under this act once it is given to the public health
worker should not be terminated or eliminated

SEC. 42. EFFECTIVITY

- This Act shall take effect 15 days after its publication in at least 2 national
newspapers of general circulation.
- Approved: MARCH 26,1992
- (Read the benefits and privileges provided in the act) assignment

Study the implementation of this act, ask public health nurses if they are enjoying the
benefits incorporated in this act

(Presidential Decree) PD 856 Code on Sanitation of the Philippines (December

23,1975)

2. CODE OF SANITATION
- one of the OLDEST LAW
Empowered the Department of Health with the following powers and functions:

1. Extend maximum health services to the people in rural areas

2. Provide medical care to those who cannot afford it by reason of poverty

SANITATION - Conditions relatig to public health, especially the provision of clean

drinking water and adequate sewage disposal.

COVERAGE:
1. Water Supply - examining laboratories and submission of water samples ; to make
sure sourdces of water are safe and portable.

Provisions:
1. Washing of clothes or bathing within a radius of 25 meters from any well or other
sources of drinking water is prohibited.
2. No artesian, deep or shallow well shall be constructed within 25 meters from any
source of pollution.

*jetmatic pump - source of water, famous during 1970’s

--refer to this link for the complete source of information about water supply and
sanitation in the Philippines

- all employees are required to have health certificate to ensure the public that tey
are consuming safe foods
3. MARKETS AND ABATTOIRS (slaughterhouse)
- Suitability of site in so far as elimination of nuisance condition and prevention of
contamination are concerned;
- Availability of ample water supply for cleaning;
- Accessibility of adequate drainage facilities;
- Durability of construction to protect vendors and customers from any hazard and
exposures to the elements; and
- Facilities for sanitation maintenance, such as cleaning and elimination of
harborages of vermin
4. PUBLIC LAUNDRY
5. SCHOOL SANITATION AND HEALTH SERVICES
6. INDUSTRIAL HYGIENE
7. REST AREAS, BUS TERMINALS,, BUS STOPS AND SERVICE STATIONS
8. CAMPS AND PICNIC GROUNDS
9. DISPOSAL OF DEAD PERSONS
- A burial ground shall at least be 25 meters distant from any dwelling house and
no house shall be constructed within the same distance from any burial ground.
- No burial ground shall be located within 50 meters from either side of a river or
within 50 meters from any source of water supply.

PRESIDENTIAL DECREE NO. 856

CODE ON SANITATION

December 23,1975
- Promulgation of the code on sanitation by President Ferdinand E. Marcos
Objective
- Directing public health services towards protection and promotion of the health
of the Filipinos

3 PEOPLE THAT MADE AN EFFORT TO CODIFY OUR HEALTH LAWS AND

REGULATIONS
1. Dr. Mariano Icasiano
2. Dr. Amandeo Cruz- City Health Officer of Manila
3. Director of Health Services

LIST OF THOSE WITH SIGNIFICANT CONTRIBUTIONS IN THE DEVELOPMENT OF

THE CODE
 Regional Provincial and City Health Office
 National Environmental Protection Commission
 Metropolitan Water and Sewage System
 Population Commission
 Executive Branch of the Government: Labor, Natural Resources, Agriculture,
Education and Finance
 Philippine Public Health Association
 League of Public Health Engineers
  Philippine Society of Sanitary Engineers

3.CLEAN AIR ACT OF 1999- RA 8749

- A comprehensive air quality management policy and program which aims to
achieve and maintain healthy air for all Filipinos
- Lifted from: Department of Environment and Natural Resources (DENR)

WHAT ARE COVERED BY THE CLEAN AIR ACT:

- All potential sources of air pollution (mobile, point and area sources) must comply
with the provisions of the law. All emissions must be within the air quality
standards.

- Mobile sources refer to vehicle like cars, trucks, buses, jeepney, tricycles,
motorcycles and vans
- Point sources refer to stationary sources such as industrial firms and
smokestacks of power plants, hotels and other establishments
- Area sources refer to sources of emission other than the above. These include
smoking, burning of garbage, and dust from construction, unpaved grounds etc.

- Hotels are included because majority if them use air conditioners.

PRIMARY GOAL OF CAA:

- Achieve national ambient air quality levels
 - protective of public health and welfare by establishing air quality standards and
imposing limitations on air pollutant emmmissions from both stationary and
mobile sources

THE CLEAN AIR ACT PROVIDES THAT THE STATE SHALL:

1. Protect and advance the right of the people to a balanced and healthfu ecology in
accord with the rhythm and harmony of nature;
2. Promote and protect the global environment while recognizing the primary
responsibility of local government units to deal with environmental problems;
3. Recognize that the responsibility of cleaning the habitat and environment is
primarily area-based; “harap ko lilinisin ko / harap mo lilinisin mo”
4. Recognize that “polluters must pay”;
5. Recognize that a clean and healthy environment is for the good of all and should
therefore be the concern of all.
6. Taking care of the environemnet isn’t the governement’s responsible alone, but
also us

4. REPUBLIC ACT 9003

Ecological Solid Waste Management Act of 2009
- Republic Act (RA) 9003 provides the necessary policy framework, institutional
mechanisms and mandate to the local government units (LGUs) to achieve 25%
waste reduction through establishing an integrated solid waste management
plans based on 3Rs. (Reduce, Reuse, Recycle)
- it also aims to ensure the proper segregation, collection, transport, storage,
treatment and disposal of solid waste through the formulation and adoption of the
best environmental practice in ecological waste management excluding
incineration. Incineration is a waste treatment process that involves the
combustion of organic substances contained in waste materials. Incineration and
other high temperature waste treatment systems are described as high thermal
treatments. Incineration of waste materials converts the waste into a flue gas and
heat.
WHAT ARE THE CLASSIFICATION OF SOLID WASTE UNDER RA 9003?

- The following are the types of waste identified by RA 9003:

1. Solid Wastes
- all discarded household, commercial wastes, non-hazardous institutional and
industrial wastes, street sweepings, construction, debris, agricultural wastes, and
other non-hazardous/ non -toxic solid wastes.

RA 9003
Solid Waste Management Act

Prohibited Acts and Penalities

(Secs. 48 &49)

1. LITTERING, throwing, dumping of waste matters in public places, such as roads,

sidewalks, canals, esteros or parks, and establishment, or causing or permitting the
same.
Fine: P300.00-P1,000 or community service: 1-15 days in LGU, where violation was
made, or both fine and community service.

2. UNDERTAKING ACTIVITIES OR OPERATING, COLLECTING OR

TRANSPORTING EQUIPMENT in violation of sanitation operation and other
requirements or permits set forth in established pursuant:
Fine: P300-P1,000/ IMPRISONMENT (1-15 days)

3. The open burning of solid waste

Fine: P300-P1,000/ IMPRISONMENT (1-15 days)

4. Causing or permitting the collection of non-segregated or unsorted wastes;

Fine: P1,000-P3,000 / IMPRISONMENT (15days-6 months)

5. Squatting in open dumps and landfills;

Fine: P1,000-P3,000 / IMPRISONMENT (15days-6 months)

6. Open dumping, burying of biodegradable or non-biodegradable materials in flood

prone areas;
Fine: P1,000-P3,000 / IMPRISONMENT (15days-6 months)

7. Unauthorized removal of recyclable material

Fine: P1,000-P3,000 / IMPRISONMENT (15 days-6 months)

SALIENT FEATURES OF R.A 9003

 Promotion of eco-labeling in local products and services (Chap.3, Sec 27)
 Promotion of research on solid waste management and environental education in
the formal and non-formal sectors (Chap 7, Section 54)
  Prohibition against the use of open dumps (Chap 3, Art 6, Section 37)
 Setting of guidelines/criteria for the establishment of controlled dumps and
sanitary landfills (Chap 3, Art 6, Section 40)

FORMER SENATOR NERIC ACOSTA

Principal author of:
 RA 8749 Clean Air Act of 1999
 RA 9275 Clean Water Act of 2004
 RA 9003 Ecological Solid Waste Management Act of 2001
 He proudly highlights posters calling for support for RA 8749 and RA 9003

IMPLEMENTING RULES AND REGULATIONS (IRR)

RA 9003 Approval : Jauary 26,2001

IRR Effectivity: January 06,2002

PUBLIC HEALTH LAWS PART 3

GENERICS LAW
- The Philippines enacted republic act number 6675 otherwise known as a generic
act of 1988 percent which sought to promote require and ensure the labeling,
prescribing and dispensing of medicines using their generic names.

OBJECTIVES OF GENERIC ACT

 1. To promote drug safety by minimizing duplication in medications and use of
drugs with potentially adverse drug interaction.
2. Identify clearly the active ingredient of the drug which is the chemical component
responsible for the team therapeutic effect of pharmaceutical product.
3. Reducing the cost associated with the approval for generic drug.
4. Allowing early experimental-use.

 This means that the buyer or the user of the drug has the option to choose which is
cheaper among different available brand with the same generic name. So from that
point the user of the drug can compare the effects of the branded and the generic
drug in terms of safety, effectiveness, and quality.

GENERIC NAME
- under the act the generic name or the generic terminology is the identification of
drug and medicines by their scientifically and internationally recognized active
ingredients or by their generic names as determined by Bureau of Food and
Drugs of the Department pf Health.

R.A. 6675 GENERIC ACT OF 1988

- The generic act aims to promote, require and ensure the production, adequate
supply, distribution, use, and acceptance of drugs and medicine identified by
their generic names.
- That is why drugs are named according to their manufacturer.
- Example: RiteMed Paracetamol

BRAND & GENERIC NAME

- In order to assure the responsibility of drug quality and all instances the label of
drugs and medicine shall have the following:
o Name and Country of Manufacture
o Dates if Manufacture
o Expiration.
- the quality of such generic labeled drugs and medicine shall be duly certified by
the DOH. Thats the provision on quality manufacturers identity and
responsibility.

TRIVIA ABOUT GENERIC DRUGS

o Generic drug or safe and effective alternatives to brand-name prescription.
o Generic drug can help both consumer in the government reduce the cost of
prescription drugs.
o Generic drug are currently used in 50% of all prescriptions dispense.

RA 9165 COMPREHENSIVE DANGEROUS ACT OF 2002

- Is a consolidation of senate bill no. 1858 and house bill no. 4433
- repealed the republic act no. 6425, otherwise known as the dangerous act of
1972 as amended and providing plans for its implementation.
 - Under republic act 9165, the dangerous drugs board remains (DDB) as the
policymaking and the strategy-formulating body in planning and formulation of
policies and programs on drugs prevention and control.

DANGEROUS DRUGS BOARD

- DDB is composed of:
 President as the Chairperson
 Secretary, department of justice
 Secretary, Department of national defense
 Secretary, Department of social welfare and development
 Secretary, Department of education
 National youth commission
 Regular member, integrated bar of the Philippines
 Director, national Bureau of investigation
 Secretary, department of health
 Secretary, department of finance
 Secretary department of the interior and local government
 Secretary, Department of foreign affairs
 Chairman, commission on higher education
 Undersecretary Philippine drug enforcement agency
 NGO representative
 Chief, Philippine national police
- this means the Dangerous Drug Board is composed of major administrative
bodies of the nation.

RA 9165 COMPREHENSIVE DANGEROUS ACT Of 2002

- also created the Philippine Drug Enforcement Agency (PDEA) under the office of
the president which serves as the implementing arms of the Dangerous Drugs
Board this will be the responsible for the efficient and effective law enforcement
of all the provisions on any dangerous drugs, controlled precursors and essential
chemicals as provided in this act.

PENALTIES
- anyone guilty for:
1. Importation or sale of dangerous drugs, with the manufacture of illegal drugs.
2. Operation of a drug den
- can be punished with life imprisonment to death. Maximum penalty.
- Fine ranging from 500,000php or 10,000 dollars to 10Million Pesos or 200,000
dollars.
3. Importing or selling drug precursors.
4. Protecting other violators.
5. Working as an employee in a drug den
- can be punished with 12 years and a day to 20years of imprisonment.
- fine ranging from 100,000 php to 500,000php
- Maximum penalty: (lifetime imprisonment and a fine of 10Million Pesos)
- is given if the sale or delivery was done in 100 meters of a school vicinity.
 - If a minor was directly involved in the process of handling the dangerous drugs.
- If the victim if the offense is a mentally incapacitated individual.

OTHER PENALTIES: The penalty for possession of illegal drugs depends on the
quantity of drug open (regardless of quality) and the type of drug.

PRIMARY IMPLEMENTING AGENCY: PHILIPPINE DRUG ENFORCEMENT

AGENCY
- the list of illegal drugs may be modified by the dangerous drugs board through a
proceedings initiated by the PDEA and DOH.
- This law was effective since June 22, 2002. 15 days after it was signed by former
president Gloria Macapagal Aroyo.
- Important provision of this act "Nakasaad sa RA 9165 or Comprehensive
Dangerous Drug Act of 2002 na kung sino man ang may nalalaman tungkol sa
bentahan o paggamot ng droga at HINDI isinuplonh sa mga kinauukulan ay
isang accomplice at maaring makulong."

NATIONAL HEALTH INSURANCE ACT (PhilHealth) RA 11223 UNIVERSAL

HEALTH CARE ACT SIGNED ON FEBRUARY 20, 2019
- signed by President Rodrigo Duterte
- one of the most important provisions under the universal healthcare act is the
Automatic enrollment of all Filipino Citizens in the National health insurance and
prescribes complementary reforms in the health system.

UNIVERSAL HEALTH CARE (UHC)

- also referred to as Kalusugan Pangkalahahatan.
- Is the "Provision to every Filipino of the highest possible quality of healthcare that
is accessible, efficient, equitably distributed, adequately funded, fairly finance,
and appropriately used by an informed and empowered public.

PROS AND CONS: UNIVERSAL

PROS
- lowers healthcare cost for an economy.
- Forces hospitals and doctors to provide same standard of care at low cost.
- Illuminates administrative cost by eliminating need to deal with private insurance.

CONS
- Forces healthy people to pay for others medical care
- Without financial incentive, people may not be as careful with their health.
- Most universal health system report long wait times for elective procedure.

BENEFITS OF UNIVERSAL HEALTH CARE

1. It lowers the cost of healthcare for the economy.
2. It reduces administrative cost for care access.
3. It's simplifies the rules process
 4. It removes the competition
5. It creates a workforce that is healthier
6. It helps children.

RULE VIII. GOVERNANCE & ACCOUNTABILITY

SEC. 36.4
- The DOH, Philhealth, health service providers and insurers, shall ensure patient
privacy and confidentiality in the maintenance of health information systems, in
compliance with RA 10173 (Data Privacy Act).
- This means that while the patient or the client are being provided by the
government with their health needs still the right for privacy is respected as
provided also in the data privacy act.

"Health is a human right. No one should get sick and die just because they are poor, or
because they cannot access health service they need"

NATIONAL BLOOD SERVICE ACT OF 1994

RA 7719
- this act promotes voluntary blood donation to provide sufficient supply of safe
blood and regulate blood banks.
- Aim: inculcate public awareness that blood donation is a humanitarian act.

GOALS OF WORLD DONOR DAY

 To raise awareness that individual can save lives and improve the health of
others by donating blood.
 Blood donation is the act of humanity.

MISSION:
 Blood safety
 Blood adequacy
 Rational blood use
 Efficiency of blood services.

BASIC QUALIFICATIONS OF BLOOD DONOR

DONOR MUST BE IN:

1. Good general health
2. Way at least 110 pounds
3. At least 16 years’ old

DISQUALIFICATION AS BLOOD DONOR:

1. Positive with aids and hepatitis virus
2. Individuals who had pierced ears or any other body part.
3. Being imprisoned
4. Physically small
 5. Positive of blood cancer
6. Positive with malaria

Public Health Laws Part 3.2

 This act is being celebrated every June 14 of every year. In CHS, every august and March
of each academic year. Blood letting
Republic Act No. 11332 or Mandatory Reporting of Notifiable Diseases and Health Events of
Public Concern Act
 Aims to prevent epidemics through mandatory reporting of notifiable diseases and health
events of public health concern.
 Requires all persons to provide a truthful information about their health condition and
possible exposure which includes travel history
Notifiable Disease
 Is any disease that is required by law to be reported to government authorities. The
collation of information allows the authorities to monitor the disease and provides early
warning of possible outbreaks.
 Can be classified into three groups:
Epidemic Prone diseases
 Acute bloody diarrhea
 Acute encephalitis syndrome /AMES
 Acute hemorrhagic fever syndrome
 Acute viral hepatitis
 Anthrax
 Cholera
 Dengue
 Human avian influenza
 Influenza like illness
 Leptospirosis
 Malaria
 Meningococcal disease
 Paralytic shellfish poisoning
 SARS
 Typhoid and paratyphoid fever
Diseases Targeted for Eradication or elimination
 Poliomyelitis/ acute flaccid paralysis
 Measles
 Neonatal tetanus
Other diseases of public health importance
 Adverse events following immunization (AEFI)
 Diphtheria
  Non neonatal tetanus
 Pertussis
 Rabies
 HFMD and severe Enteroviral Disease
 Zika

 Under the law, the Epidemiology Bureau under the DOH shall regularly update and issue
a list of nationally notifiable diseases and health events of public health concern with
their corresponding case definitions.
PROHIBITIONS OF RA 11332
1. Unauthorized disclosure of private and confidential information about a patient’s medical
condition or treatment
2. Tampering of records
3. Non- cooperation of persons and entities that should report or respond to health alerts.
 Any person or entity that violates the law will be slapped with a fine ranging between 20,
000 pesos to 50, 000 pesos and imprisonment between one months to six months or both
at the discretion of the court.
Republic Act 9502 of 2008 or Act on Cheaper Medicine
 This law intends to achieve better health outcomes for the Filipino people by assuring
that quality medicines are accessible and affordable to as many Filipinos especially the
poor.
 Cheaper medicines act is achieve universally accessible and cheaper and quality
medicines by pursuing an effective competition policy in the pharmaceutical sector.
 Individuals benefiting this law are the ones with maintenance drugs.
LEGAL BASIS OF THIS ACT IS UNDER:
Chapter V: price monitoring and regulation system and the creation of advisory bodies and
consultative councils
RULE 26.
- Establishment of price monitoring for drug regulation drug system.
- However, there are still issues around it like the pharma firms blocking move for cheaper
medicines
Republic Act No. 9994 or the Senior Citizen Act
 Rights and privileges of senior citizens
 The expanded senior citizens act of 2010 defines RA 9994 wherein elderly Filipinos
aged 60 and above are entitled to benefits including:
 20% senior citizen discount
 Exemption from the value added tax (VAT) on applicable goods and services for
their exclusive use.
Who are considered as senior citizens?
  Any Filipino citizen who is a resident of the Philippines, and who is 60 years old and
above
 It may apply to senior citizens with dual citizenship status provided they prove their
Filipino citizenship and have at least 6 months residency in the Philippines.
Discount privileges granted to senior citizens:
a) 20% discount on the purchase of certain goods and services
b) Special 5% discount on prime commodities and basic necessities
c) 5% utility discount on electric and water consumption
d) 50% discount on electric, water and telephone consumption of senior citizens centers and
residential or group homes.
Additional benefits:
 Discount privileges
 Free services
 Exemptions
 Incentives
 Government financial assistance
 Priority in express lanes
Republic Act No. 10821 or Children’s Emergency Relief and Protection Act”
 Save the children act
 Mandates provision of emergency relief and protection for children before, during and
after disaster and other emergency situations.
 Emergency situations is defined as a situation where children are gravely threatened or
harmed by circumstances that affects their survival and normal development.
Provisions under this law:
 Prioritizes children in disasters and armed conflicts
 Establishes child centered training to disaster first responders
 Mandates the Department of Social Welfare and Development (DSWD) to formulate a
comprehensive emergency program for children.

 Globally, 16% of population are children. 357 million children are impacted by conflict.
 Severely affected is Middle East with 39%, followed by Africa 21%, Asia 14%, Europe
7%, and America 6%.
SIX VIOLATIONS AGAINST CHILDREN IN ARMED COFLICT
1. Killing and maiming of children
2. Recruitment or use of children as soldiers
3. Sexual violence against children
4. Abduction of children
5. Attacks against schools or hospitals
6. Denial of humanitarian access for children
Republic Act No. 11188 or Special protection of children in situations of armed conflict act
  Signed by President Duterte on January 10, 2019
 According to Atty. Jacqueline Ann De Guia, having this law that specifically caters to
children in areas of conflict can help cushion the impact of war and provide immediate
services and interventions for their protection and welfare.
Republic Act No. 9262 or the anti- violence against women and children act
 Violence against women and their children refers to any acts or a series of acts committed
by any person against a woman who is his wife, former wife, or against a women with
whom the person has or had a sexual or dating relationship or with whom he has a child
or against her child whether legitimate or illegitimate, within or without the family abode,
which results in or is likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts as battery, assault, coercion, harassment,
or arbitrary deprivation of liberty.
It includes but is not limited to the following acts:
A. Physical violence refers to acts that includes bodily or physical harm
B. Sexual violence refers to an act which is sexual in nature, committed against a woman or
her child
C. Psychological violence refers to acts or omissions causing or likely To cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity
D. Economic abuse refers to acts that make or attempt to make a woman financially
dependent which includes but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the
other spouse objects on valid serious and moral grounds in Article 73 of the
Family Code
2. Deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common.
3. Destroying household property
4. Controlling the victim’s own money and property or solely controlling the
conjugal money or properties.
Protection order
- An order is issued under this act for the purpose of preventing further acts of violence
against a woman or her child
SECTION 9:
Who may file petition for protection orders?
 Offended party
 Parents or guardians of the offended party
 Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity
  Officers or social workers of the DSWD or social workers or local government units
LGU’s
 Police officers, preferably those in charge of women and children’s desks
 Punong barangay or barangay kagawad
 Lawyer, counselor, therapist, or healthcare provider of the petitioner
 At least 2 concerned responsible citizens who has personal knowledge of the offense
committed.
SECTION 11.
How to apply for a protection order?
 Must be in writing, signed and verified under oath by the applicant
 It may be filed as an independent action or as incidental relief in any civil or criminal
case the subject matters or issues thereof partakes of a violence as described in the act.
SECTION 31.
Healthcare provider response to abuse.
 Properly document any of the victim’s physical or psychological injuries
 Properly record any of the victim’s suspicions, observations and circumstances of the
examination or visit
 Automatically provide the victim free of charge, a medical certificate concerning the
examination or visit
 Safeguard the records and make them available to the victim upon request at actual cost
 Provide the victim immediate and adequate notice of rights and remedies provided under
this act and services available to them.
ROLE OF HEALTH SECTORS TO STOP VIOLENCE
1. Provide comprehensive health services for survivors
2. Collect data about prevalence, risk factors, and health consequences
3. Prevent violence by fostering and informing prevention programs
4. Inform the policies to address violence against women
5. Advocate for the recognition of violence against women as a public health problem.