Professional Documents
Culture Documents
LUNSOD NG ILIGAN
Tanggapan ng Sangguniang Panlungsod
PRESENT:
WHEREAS, the World Health Organization (WHO) defines mental health as “a state of
well-being in which the individual realizes his or her own abilities, can cope with the normal
stresses of life, can work productively and fruitfully, and is able to make a contribution to his/her
community,” and it as well calls the attention of the public that mental health is more than just
the presence of a psychiatric disorder/sickness but more importantly, also redounds to a positive
condition of one’s mental well-being;
WHEREAS, mental health is a vital part of a person’s total health and that the problems
on mental health contain not just the traditional mental disorders but the issues of target
populations susceptible to psychosocial risks caused by extreme life experiences such as
disasters, near-death experiences, heinous and violent crimes, internal displacement brought
about by religious and civil unrests as well as the psychosocial matters of daily living like
preserving a sense of well-being in these complicated times;
WHEREAS, the Philippines has the highest number of depressed people in Southeast-
Asia. 14% of 1.4 million Filipinos with disabilities were identified to have a mental disorder. The
National Statistics Office reported that mental illness is the third most common form of disability
in the country finding 88 cases of mental health problems for every 100,000 of the population.
Records show a high number of cases among the youth;
WHEREAS, psychiatric patient care continues beyond mental hospitals, which must be
made available in general hospitals, health centers and homes, and relevant health care activities
and interventions must be done closest to where the need or the patient is;
WHEREAS, under section 37 of the Republic Act No. 7277, otherwise known as Mental
Health Act, the Local Government Units (LGUs) shall, integrate mental health care services in
the basic health care services, and ensure mental health service are provided in primary health
care facilities and hospitals, within their respective territorial jurisdictions;
WHEREAS, in the City of Iligan in particular and the Philippines in general, mental
health services are of dearth and both the professional and financial resources are still
inadequate;
WHEREAS, under Republic Act No. 7277, as amended, otherwise known as the Magna
Carta for Disables Person”, there is a need to include the mental health in the public health and
hospital system in order to render accessible, affordable, and equitable quality mental health care
and services to our constituents especially the poor, the underserved and high risk populations;
ARTICLE I
TITLE, POLICY, OBJECTIVES AND DEFINITION OF TERMS
d. Protect the rights and freedoms of persons with psychiatric, neurological and
psychosocial health needs;
e. Prevent, treat and control mental illness at all levels and rehabilitate persons with
mental disability;
f. Provide access to comprehensive health care and treatment that ensure a well-
balanced mental health program of community-based and hospital care and
treatment;
SECTION 4. DEFINITIONS. For purposes of this Ordinance, these terms are defined
as follows:
a. ALLIED PROFESSIONALS refer to any trained or certified non-psychiatric
physician, social worker, nurse, occupational therapist, physical therapist,
counselor, priest, minister, pastor and nun, trained or certified non-psychiatric
individual or non-physician;
b. LEGAL REPRESENTATIVE refers to a person charged by law with the duty
of representing a service user in any specified undertaking or of exercising
specified rights on the service user’s behalf.
c. MENTAL DISABILITY refers to the impairment in activity limitations and
individual participation restrictions denoting the negative aspects of interaction
between an individual and his environment;
d. MENTAL HEALTH refers to a state of well-being in which an individual
fulfills his/her own potential in every stage of human development at work and
in relationships, in order to cope with the day to day stresses of life and make a
positive contribution to the community;
e. MENTAL HEALTH CONDITION refers to a neurologic or psychiatric
condition characterized by the existence of a recognizable, clinically-significant
disturbance in an individual's cognition, emotional regulation, or behavioral
that reflects a genetic or acquired dysfunction in the neurological, psychosocial,
or developmental process underlying mental functioning. The determination of
neurologic and psychiatric conditions shall be based on scientifically-accepted
medical nomenclature and best available scientific and medical evidence;
f. MENTAL HEALTH PROFESSIONALS refer to those persons with formal
education and training in mental health and behavioral sciences, such as but not
limited to psychiatrist, psychologist, psychometrician, psychiatric nurse or
psychiatric social worker;
g. MENTAL HEALTH SERVICES refer to psychosocial, psychiatric or
neurological activities and programs along the whole range of the mental health
support services including promotion, prevention, treatment and aftercare,
which are provided by mental health professionals;
h. MENTAL HEALTH WORKERS refer to a trained volunteers and advocates
engaged in mental health promotion and services under the supervision of
mental health professionals;
i. MENTAL ILLNESS refers to mental or psychiatric disorder characterized by
the existence of recognizable changes in the thoughts, feelings and general
behavior of an individual brought about by neurobiological causes and/or
psychosocial factors causing psychological, intellectual or social dysfunctions.
j. PSYCHOSOCIAL PROBLEM refers to a condition that indicates the existence
of recognizable changes in the individual’s behavior, thoughts and feelings
brought about and closely related to sudden, extreme and prolonged stress in
the physical or social environment;
k. SERVICE USER refers to a person with lived experience of any mental health
condition who is receiving mental health service, care, treatment or
psychosocial intervention from a mental health care facility, rehabilitation
center or clinic;
ARTICLE II
INSTITUTIONAL MECHANISMS
B. DUTIES AND FUNCTIONS OF THE BOARD. The Board shall exercise the
following duties and functions:
1. Review and formulate policies and guidelines on mental health
issues and concerns;
2. Review all existing laws related to mental health and recommend
legislation which will sustain and strengthen programs, services
and other mental health initiatives;
3. Develop an inclusive and integrated plan and program on mental
health;
4. Plan and implement the necessary and urgent capacity building,
reorientation and training programs for all mental health
professionals, mental health workers and allied professionals as
articulated in this ordinance; and
5. Create such inter-agency committees, project task forces, and other
groups necessary to implement the policy and program framework
of this ordinance.
ARTICLE III
COMMUNITY- BASED MENTAL HEALTH CARE, PROMOTION OF MENTAL
HEALTH, AND ACCESS TO EFFECTIVE AND
HIGH QUALITY MENTAL SERVICES
ARTICLE IV
PERSON WITH MENTAL ILLNESS OR DISABILITY, CONSENT TO
CARE, TREATMENT OR REHABILITATION, SERVICE USER’S
TREATMENT, VOLUNTARY ADMISSION,
AND CONFIDENTIALITY
SECTION 12. PERSONAL WITH MENTAL ILLNESS OR DISABILITY. The
determination that a person has a mental illness or disability shall be made according to
internationally accepted medical classifications and standards.
SECTION 13. CONSENT TO CARE, TREATMENT OR REHABILITATION. The
written informed consent of the service users to be treated or admitted in a mental health facility
shall be obtained freely, without threats or improper inducements, and with pertinent disclosure
to the service user of adequate and understandable information in a form or language that is
understood by the service user.
All persons, including service users, person with disabilities, and minors, shall be
presumed to possess legal capacity for the purpose of this Ordinance or any other applicable law,
irrespective of the nature or effects of their mental health conditions or disability. Children shall
have the right to express their views on all matters affecting themselves and have such views
given due consideration in accordance with their age and maturity.
SECTION 14. SERVICE USER’S TREATMENT. A service user with mental illness
or disability shall have the right to treatment in the least restrictive environment suited to the
service user’s mental health needs.
SECTION 15. VOLUNTARY ADMISSION. Every service user admitted voluntarily
shall have the right to leave the facility upon the recommendation of his attending psychiatrist:
Provided, that the service user may be retained for further treatment and care in case of the
following observations:
a. There exists a serious likelihood of danger of harming himself or others;
b. The severity of the service user’s mental illness is likely to lead a serious
deterioration in his condition; and,
c. The appropriate treatment can only be’ done by admission to a mental health
facility.
SECTION 16. CONFIDENTIALITY. All service user or clients with mental illness or
disability shall enjoy the right to confidentiality. The mental health professionals, workers and
allied professional shall ensure that all relevant information related to persons with psychiatric,
neurologic, and psychological health needs is kept safe from access or use by, or disclosure to, persons or
entities who are not authorizes to access, use, or possess such information;
ARTICLE V
PSYCHIATRIC SERVICE
ARTICLE VI
ACCESS TO INFORMATION
SECTION 18. ACCESS TO INFORMATION. Only service user or former service
user shall be entitled to have access to their personal mental health records. For justifiable
reason, such confidential information may not be given to the service user but instead be given to
the service user’s representative or counsel.
ARTICLE VII
MISCELLANEOUS PROVISIONS
CARRIED.
~~~~~o0o~~~~~
The undersigned hereby attest to the adoption of the foregoing Ordinance as verified
to by the Member-Author.
ATTY. ARTHUR LL. PADILLA
Secretary to the Sanggunian
VERIFIED:
CERTIFIED: