EXECUTIVE ORDER NO. 851
EXECUTIVE ORDER NO. 851 -
REORGANIZING THE MINISTRY OF HEALTH, INTEGRATING THE COMPONENTS OF
HEALTH CARE DELIVERY INTO ITS FIELD OPERATIONS, AND FOR OTHER PURPOSES
WHEREAS,
under the New Republic, national development shall be pursued with
renewed dedication and greater determination through a more efficient,
effective, and economical government;
WHEREAS, the integration of the promotive, preventive, curative and
rehabilitative components of health care delivery must be fully
accomplished to ensure adequate health services for the entire
population;
WHEREAS, there is need to reorganize the Ministry of Health in order to
accomplish this integration; and
WHEREAS, under Presidential Decree No. 1416 as amended, the President
is empowered to undertake such organizational and related improvements
as may be appropriate in the light of changing circumstances and new
developments;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and the
authority vested in me by Presidential Decree No. 1416 as amended, do
hereby order and ordain:
Section 1. The Ministry of Health, hereinafter
referred to as the Ministry, shall be the ministry having primary
responsibility for the formulation, planning implementation and
coordination of policies and programs in the field of health. The
primary function of the Ministry is the promotion, protection, and
preservation of the health of the people, through efficient, effective,
encompassing, equitable and adequate health services.
The functions, authority and responsibilities of the Ministry shall be
within the context of and subject to the constitutional mandate on the
formulation of national guidelines and the control of the ministries by
the President, the supervision of the ministries by the Prime Minister,
and the responsibility to the Batasang Pambansa of the Prime Minister
and the Cabinet for the general program of government.
A.
ORGANIZATION OF THE MINISTRY
Sec. 2. The authority and responsibility for the
exercise of the powers and the discharge of the functions of the
Ministry shall be vested in the Minister of Health, hereinafter
referred to as the Minister. He shall be assisted by such Deputy
Ministers as may be appointed by the President. The Minister is
authorized to determine and assign the respective functional areas of
responsibility of the Deputy Ministers, should there be more than one:
Provided, That such delineation of responsibilities shall cover the
substantive functions and operations of the Ministry; and Provided
further, That there shall be Deputy Minister for Administration and
that the assignment of administrative responsibilities to any Deputy
Minister shall be in addition to his substantive
responsibilities.
The Ministry shall be composed of the Ministry proper, staff and line
bureaus, special projects, medical centers and special hospitals, and
regional offices and their component units.
Sec. 3. There is hereby created a Health Education
and Manpower Development Service which shall assume the functions of
the Office of Health Education and Personnel Training and those of the
Medical Manpower Development Committee, both of which are hereby
abolished. The new service shall also be responsible for providing the
necessary staff support in the implementation of the Rural Health
Practice Program. It shall absorb applicable functions, appropriations,
records, equipment, property, and such personnel as may be necessary of
the abolished units.
Sec. 4. There is hereby created a Bureau of Food
and Drugs which shall assume the functions of the Food and Drug
Administration which is hereby abolished. The functions to be assumed
by the Bureau shall not include those previous functions of the
Narcotic Drugs Division of the Food and Drug Administration which have
already been assumed by the Dangerous Drugs Board pursuant to Batas
Pambansa Blg. 179.
In addition to those functions transferred from the Food and Drug
Administration, the Bureau shall have the authority to prescribe
general standards and guidelines with respect to the veracity of
nutritional and medicinal claims in the advertisement of food, drugs
and cosmetics in the various media, to monitor such advertisements, and
to call upon any erring manufacturer, distributor, or advertiser to
desist from such inaccurate or misleading, nutritional or medicinal
claims in their advertising. Should such manufacturer, distributor or
advertiser refuse or fail to obey the desistance order issued by the
Bureau, he shall be subject to the applicable penalties as may be
prescribed by law and regulations.
Sec. 5. The Bureau of Quarantine shall continue to
perform its present functions, including supervision over rat proof
zones in designated international ports and airports, and over medical
examination of aliens for immigration purposes.
The function of the Ministry regarding supervision over the sanitation
of interisland vessels may be exercised by the Ministry through such of
its field offices or the Bureau of Quarantine as it may indicate.
Sec. 6. The staff bureaus and special projects
enumerated under Sec. 8 hereunder may, operating through the
Minister, directly exercise line functions in the National Capital
Region; Provided, that written delegation of authority has been
obtained from the Minister; Provided, further, that such an arrangement
will be permissible only for as long as the regional office of the
Ministry for the National Capital Region has not been
established.
Sec. 7. The Ministry proper shall be composed of
the following units:
(1)
Office of the Minister
(2) Planning
Service
(3) Financial
and Management Service
(4)
Administrative Service
(5) Disease
Intelligence Center, which is hereby renamed Health Intelligence
Service
(6) Health
Education and Manpower Development Service
Sec. 8. The Minister shall exercise supervision
and control over the following staff bureaus and special projects:
(1)
Bureau of Dental Health Services
(2) Bureau of
Foods and Drugs
(3) Bureau of
Health Services
(4) Bureau of
Medical Services
(5) Bureau of
Research and Laboratories
(6)
Dermatology Research and Training Project, which is hereby renamed
Dermatology Research
and Training Service
(7) National
Family Planning Office, which is hereby renamed Family Planning
Service
(8) Malaria
Eradication Service
(9) National
Cancer Control Center, which is hereby renamed Cancer Control Center
(10) National Nutrition
Service, which is hereby renamed Nutrition Service
(11) Radiation Health
Office, which is hereby renamed Radiological Health Service
(12) Schistosomiasis
Control and Research Service
Sec. 9. The Minister shall exercise supervision
and control over the following line bureau:
(1)
Bureau of Quarantine
Sec. 10. The Minister shall exercise supervision
and control over the following medical centers, hospitals, and research
institutes:
(1)
Jose R. Reyes Memorial Hospital, which is hereby renamed Jose R. Reyes
Memorial Medical Center
(2) Rizal
Medical Center
(3) Ospital ng
Bagong Lipunan
(4) Jose
Fabella Memorial Hospital
(5) National
Children’s Hospital
(6) National
Mental Hospital
(7) National
Orthopedic Hospital
(8) Quirino
Memorial General Hospital
(9) San Lazaro
Hospital
(10) Research
Institute for Tropical Medicine
Medical centers and regional
hospitals which are not listed above which are located outside of Metro
Manila shall be under the supervision and control of the appropriate
Regional Health Office.
Sec. 11. The Minister shall exercise
administrative supervision over the following entities:
(1)
Dangerous Drugs Board
(2) Philippine
Medical Care Commission
(3)
Schistosomiasis Control Council
Sec. 12. The following corporation shall be
attached to the Ministry for policy and program coordination:
(1) Tondo General Hospital and Medical Center, which
is hereby renamed Tondo Medical Center.
B.
FIELD SERVICES OF THE MINISTRY
Sec. 13. Regional Health Offices. — (1) The
Ministry shall have such ministry-wide regional offices as may be
necessary, under the supervision and control of the Minister, in
accordance with Article I, Chapter III, Part II of the Integrated
Reorganization Plan as amended. Each Regional Health Office shall be
headed by a Regional Director assisted by an Assistant regional
Director.
The Regional Health Office shall be responsible for the field
operations of the Ministry in the region and for providing the region
with effective health and medical services, utilizing the Primary
Health Care approach which provides that health and medical services
shall be responsive to the prioritized needs of the community as
expressed by its members, and which mandates community participation in
the determination of its own health care requirements.
The Regional Health Office shall have supervision and control over the
Regional Hospital, over such medical centers as may exist in the
region, and over the various provincial health offices in the region.
(2) The Regional Hospital shall have as part of its
integrated facilities such Regional Laboratories and Regional Mental
Hospitals as may exist in the region, subject to the following
provisions. The Regional Hospital shall be headed by a Chief of
Regional Hospital, who shall be under the supervision and control of
the Regional Director.
The Regional Laboratory, formerly directly under the Regional/Health
Office, shall be transferred to and made part of either the Regional
Hospital or the Medical Center in the region, whichever is nearer in
location, including applicable appropriations, records, equipment,
property, and such personnel as may be necessary.
(3) The line functions of the Family Planning
Service, the Malaria Eradication Service, the Nutrition Service, and
the Schistosomiasis Control and Research Service shall be integrated
into the appropriate Regional Health Office, including applicable
appropriations, records, equipment, property, and such personnel as may
be necessary.
* SECTION 14. Provincial Health Offices. — (1) The
Provincial Health Office and the Provincial Hospital are hereby merged
to constitute a new integrated Provincial Health Office. It shall be
responsible for the complete integration of the promotive, preventive,
curative, and rehabilitative components of health care delivery within
the province, as provided by the National Government. It shall absorb
the applicable functions, appropriations, records, equipment, and
property of the merged units. The positions of Provincial Health
Officer and Chief of the Provincial Hospital shall be merged into one
position, and the staff of the new Office shall be a combination of the
qualified personnel of the two merged offices. Neither the incumbent
provincial health officer nor the incumbent head of the provincial
hospital shall have a prior right to be appointed or assigned as head
of the new integrated Provincial Health Office. The Provincial Health
Office shall be under the supervision and control of the Regional
Director.
The Provincial Health Office shall exercise supervision and control
over district hospitals and other field health units of the Ministry in
the province, except those placed directly under the Office of the
Minister under Section 10 hereof and the regional hospitals and medical
centers under Section 13 (1) hereof. The provincial health officers and
the assistant provincial health officers shall be appointed by the
Minister of Health; Provided, That their assignments to particular
provinces shall be made only upon consultation with the governor
concerned. Their compensation shall be paid out of national
funds.
(2) The emergency hospitals, which shall henceforth
be known as district hospitals, shall exercise supervision and control
over all field health units in their respective areas as the first step
in the implementation of the integrated concept of health and medical
services in the province. The rural health units and specialized field
health units, in addition to their present functions, shall serve as
the outpatient services of the district hospitals in their respective
areas. Barangay health stations shall in turn be considered as
extensions of rural health units. Eventually, all personnel of field
health units who are permanently assigned in the catchment areas
thereof shall be absorbed by the district hospitals.
(3) The functions of the Family Planning Service, the
Malaria Eradication Service, the Nutrition Service, and the
Schistosomiasis Control and Research Service, insofar as they pertain
to field operations, shall be integrated into the Provincial Health
Office within a period of two years after approval of the
reorganization of the Ministry. This integration shall include
applicable appropriations, records, equipment, property, and such
personnel as may be necessary.
* SECTION 14. City Health Offices. — The city health
officers and the assistant city health officers shall be appointed by
the Minister of Health; Provided, That their assignments to particular
cities shall be made only upon consultation with the city mayor
concerned. Their compensation shall be paid out of national
funds.
Sec. 15. Local Government Health Services. — The
provision by the Ministry of Health and Medical Services shall be
without prejudice for any provincial or city government to establish
its own health and medical services; Provided, That the Ministry shall
provide the necessary technical supervision in the provision of such
health and medical services by the provincial or city government.
Sec. 16. The Minister shall have the authority to
delegate such substantive and administrative powers and authorities as
may be necessary to the heads of the Regional Health Offices, in
addition to such administrative authorities as have been mandated for
delegation for all Ministries by the President. The Minister shall also
delegate such powers and authorities to the heads of the Provincial
Health Offices and those of other subordinate units of the Regional
Health Offices as in his judgment would make for a more efficient and
effective administration of health and medical services.
Sec. 17. The Minister is authorized to phase out
the schools of nursing operated by the Ministry within a period of two
years.
Sec. 18. Appointments to supervisory positions in
the field health services of the Ministry which are outside the scope
of the Career Executive Service, such as provincial and city health
officers and assistant provincial and city health officers, shall be
made on a general basis. The Minister shall have the authority to
indicate the specific assignments of the appointees, such as to a
specific geographical area or a specific hospital facility, and to
rotate or transfer them as necessary; Provided, That there shall be no
diminution of their salaries as a result of such rotation or transfer.
C.
MISCELLANEOUS PROVISIONS
Sec. 19. The Minister is hereby authorized to
issue such orders, rules and regulations as may be necessary to
implement the provisions of this Executive Order; Provided, that
approval of the Office of Budget and Management is obtained relative to
the new staffing pattern including appropriate salary rates, the
organizational structure at divisional and lower levels, and the
realignment of existing appropriations. The Minister may appoint
qualified personnel to appropriate positions in the reorganized
Ministry and those not so appointed are deemed laid off.
Sec. 20. All those who are laid off under the
provisions of this Executive Order shall be entitled to all benefits
and gratuities provided under existing laws.
Sec. 21. All laws, decrees, orders, proclamations,
rules, regulations, or parts thereof, which are inconsistent with any
of the provisions of this Executive Order are hereby repealed or
modified accordingly.
Sec. 22. Any portion or provision of this
Executive Order that may be declared unconstitutional shall not have
the effect of nullifying the other provisions thereof; Provided, that
such remaining portions can still stand and be given effect in their
entirety to accomplish the objectives of this Executive Order.
Sec. 23. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 2nd day of December, in the year of Our Lord, nineteen hundred and
eighty-two.
* Copied verbatim from documents obtained
directly from the Bureau of Printing publication. (duplicity of Section 14)
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Since 19.07.98.