EXECUTIVE ORDER NO. 119
EXECUTIVE ORDER NO. 119 -
REORGANIZING THE MINISTRY OF HEALTH, ITS ATTACHED AGENCIES AND FOR
OTHER PURPOSES
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section I (a), and Article III of the Freedom Constitution;
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), it is
directed that necessary and proper changes in the organizational and
functional structures of the government, its agencies and
instrumentalities, be effected in order to promote efficiency and
effectiveness in the delivery of public services;
AFFIRMING that the Ministry of Health is the government’s main
instrumentality for responding to health concerns;
Taking note that the great magnitude and complex nature of health
concerns requires a more effective Ministry of Health and more
responsiveness to public needs, in the areas of planning, provision,
and delivery of health services to the people;
NOW, THEREFORE, I CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
people and the Freedom Constitution, do hereby order;
Section 1. Title. — This Executive Order shall be
otherwise be known as the Reorganization Act of the Ministry of Health.
Sec. 2. Reorganization. — The Ministry of Health,
hereinafter referred to as the Ministry, is hereby reorganized,
structurally and functionally, in accordance with the provisions of
this Executive Order.
Sec. 3. Mandate. — The Ministry shall be primarily
responsible 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,
preservation or restoration of the health of the people through the
provision and delivery of health services and through the regulation
and encouragement of providers of health goods and services.
Sec. 4. Powers and functions. — The Ministry shall
have the following powers and functions:
(a)
Define the national health policy and formulate and implement a
national health plan within the framework of the government’s general
policies and plans, and to present proposals to appropriate authorities
on national issues which have health implications;
(b) Provide
for health programs, services, facilities and other requirements as may
be needed subject to availability of funds and administrative rules and
regulations;
(c) Assist,
coordinate or collaborate with local communities, agencies and
interested groups including international organizations in activities
related to health;
(d) Administer
all laws, rules and regulations in the field of health, including
quarantine laws and food and drug safety laws;
(e) Collect,
analyse and disseminate health statistical and other relevant
information on the country’s health situation, and require the
reporting of such information from appropriate sources;
(f) Propagate
health information and educate the population on important health,
medical and environmental matters which have health
implications;
(g) Undertake
health and medical research and conduct training in support of its
priorities, programs and activities;
(h) Regulate
the operation of and issue licenses and permits to government and
private hospitals, clinics and dispensaries, laboratories, blood banks,
drugstores and such other establishments which by the nature of their
functions are required to be regulated by the Ministry;
(i) Issue
orders and regulations concerning the implementation of established
health policies; and
(j) Perform
other functions as established by law or as ordered by higher
authorities.
Sec. 5. Structural Organization. — The Ministry
shall consist of the Ministry Proper, National Health Facilities,
Regional Offices, Provincial Health Offices, District Health Offices,
and Local Health Agencies.
Sec. 6. Ministry Proper. — The Ministry Proper
shall be composed of the following Offices, Bureaus, and Services;
(a)
Office of the Minister: Office of the Assistant Minister for Financial,
Operations, and Front Line Services Audit, and the Office of the
Assistant Minister for Legal Affairs.
The following shall comprise the
Staff Support Services to the Minister; Community Health Service;
Public Information and Health Education Service, Health Intelligence
Service; Internal Planning Service; Foreign Assistance Coordination
Service. The aforementioned Assistant Ministers within the Office of
the Minister and the Staff Support units to the Minister shall be
supervised by a Deputy Minister, acting as Chief of Staff in the Office
of the Minister;
(b) Office for
Public Health Services; Malaria Control Service, Schistosomiasis
Control Service, Communicable Disease Control Service, Maternal and
Child Health Service, Tuberculosis Control Service, Family Planning
Service, Environmental Health Service, Nutrition Service, Dental Health
Service, Non-communicable Disease Control Service;
(c) Office for
Hospital and Facilities Services; Hospital Operations and Management
Service, Radiation Health Service, Hospital Maintenance Service, Health
Infrastructure Service;
(d) Office for
Standards and Regulations: Bureau of Research and Laboratories; Bureau
of Food and Drugs; Bureau of Licensing and Regulation; National
Quarantine Office
(e) Office for
Ministry Management Services; Administrative Service, Finance Service,
Management Advisory Service, Health Manpower Development and Training
Service, Procurement and Logistics Service, Biologicals Production
Service:
(f) Executive
Committee for National Field Operations: Regional Field Offices,
comprised of the twelve regional administrative jurisdictions and the
National Capital Region; National Health Facilities, comprised of seven
(7) Special Research Centers, and Hospitals and eight (8) Medical
Centers. The Executive Committee shall be chaired by the Minister, with
the Deputy Ministers as members. The Deputy Minister serving as Chief
of Staff under the Office of the Minister shall head the Secretariat of
this Executive Committee.
Sec. 7. Ministry Field Offices. — The Ministry
field offices, under the supervision and control of the Executive
Committee for National Field Operations, shall be composed of the
following:
(a)
Regional Health Offices (other than the National Capital Region) and
subordinate units that include regional medical centers, regional
hospitals, provincial health offices including component hospitals and
district health offices, city health offices;
(b) Regional Health Office for the National Capital
Region; Municipal Health Offices of Makati, Mandaluyong, Pasig,
Marikina, Las Piñas, Muntinlupa, San Juan, Valenzuela, Navotas,
Malabon, Parañaque, Taguig, Pateros;
(c) National
Health Facilities, referring to those health facilities which are
classified as National Health Resources because their services and
activities accrue to the whole country’s health care and
infrastructure. These facilities are of two classifications; National
Medical Centers and the Special Research Centers and Hospitals, which
are hereby attached to the Ministry;
(1)
National Medical Centers; San Lazaro Hospital, Tondo Medical Center,
Jose Fabella Memorial Hospital, Quirino Memorial Hospital, Rizal
Medical Center, National Children’s Hospital, Jose Reyes Memorial
Medical Center, and the East Avenue Medical Center.
(2) Special
Research Centers and Hospitals; Philippine Heart Center, Lung Center of
the Philippines, National Orthopedic Hospital, National Center for
Mental Health, Research Institute for Tropical Medicine, National
Kidney Institute, and the Philippine Children’s Medical Center.
Sec. 8. Minister of Health. — The authority and
responsibility for the exercise of the mandate of the Ministry and for
the discharge of its powers and functions shall be vested in the
Minister of Health, hereinafter referred to as Minister, who shall have
supervision and control of the Ministry and shall be appointed by the
President. For such purposes, the Minister shall have the following
functions:
(a)
Advise the President of the Philippines on the promulgation of Ministry
orders, rules, regulations and other issuances related to health;
(b) Establish
policies and standards for the effective, efficient and economical
operations of the Ministry in accordance with the programs of
government;
(c) Promulgate
rules and regulations necessary to carry out Ministry objectives,
policies, plans, programs and projects;
(d) Exercise
supervision and control over all functions and activities of the
Ministry;
(e) Delegate
authority for the performance of any administrative or substantive
function to any Deputy Minister or other officials of appropriate rank
at the Ministry; and
(f) Perform
such other functions as may be provided by law or appropriately
assigned by the President.
Sec. 9. Office of the Minister. — The Office of
the Minister shall consist of the Minister; his immediate staff the
Deputy Minister acting as Chief of Staff in the Office of the Minister;
the Assistant Minister for Financial, Operations, and Front Line
Services Audit; the Assistant Minister for Legal Affairs; and the Staff
Support Services to the Minister;
(a)
The Deputy Minister acting as Chief of Staff in the Office of the
Minister, shall supervise the Assistant Minister for Financial,
Operations, and Front Line Services Audit, the Assistant Minister for
Legal Affairs, and the Staff Support Services to the Minister; head the
secretariat of the Executive Committee for National Field Operations;
(b) The
Assistant Minister for Legal Affairs shall head the office that shall
provide the Minister with legal advice on all policy, program and
operational matters of the Ministry; act as Counsel for the Ministry in
cases in which it is a party; handle administrative cases against
Ministry personnel and submit recommendations pertaining thereto and
review legislative proposals;
(c) The
Assistant Minister for Financial, Operations and Front Line Services
Audit shall head the office that shall monitor the Ministry’s financial
affairs, internal operations, and the delivery of frontline services
with a view to assuring the integrity of the Ministry’s financial
operations and the requirements of the Commission on Audit.; optimizing
the internal operating efficiency of the Ministry and its field
offices; and ensuring that the Ministry’s constituencies are provided
front line services from the Ministry with the adequacy, quality, and
efficiency that they are entitled to;
(d) The
following Staff Support Services to the Minister shall undertake such
staff services intended to assist the Minister in performing his
functions:
(1)
Community Health Service, which shall provide services related to
formulating and implementing plans and programs for coordinating with
local governments and non-government organizations in health-related
activities, programs and projects;
(2) Public
Information and Health Education Service, which shall provide services
related to formulating and implementing plans, programs, and projects
for public education on health and for the timely and accurate public
communication of Ministry policy on health issues;
(3) Health
Intelligence Service, which shall provide services related to the
formulation of disease intelligence, assessment of the state of health
of the country and development and maintenance of effective and
comprehensive health information systems to support planning and
implementation of health programs;
(4) Internal
Planning Service, which shall provide the Ministry with necessary
services related to planning, programming and project development;
(5) Foreign
Assistance Coordination Service, which shall provide staff services
related to the development, coordination, monitoring, reporting, and
assessment of foreign assisted projects of the Ministry;
Sec. 10. Deputy Minister. — The Minister shall be
assisted by five (5) Deputy Ministers who shall be appointed by the
President upon recommendation of the Minister, with responsibility for
performing the following functions;
(a)
Advice the Minister in the promulgation of Ministry orders,
administrative orders and other issuances;
(b) Exercise
supervision and control over the offices, services, operating units and
individuals under their authority and responsibility;
(c) Recommend
the promulgation of rules and regulations, consistent with Ministry
policies, that will effectively implement the activities of operating
units under their authority and responsibility;
(d) Coordinate
the functions and activities of the units under their authority with
that of the other Deputy Ministers and regional health directors;
(e) Exercise
delegated authority on substantive and administrative matters related
to the functions and activities of agencies under their office to the
extent granted by the Minister through administrative issuances;
(f) Perform
other functions as may provided by law or appropriately assigned by the
Minister;
Sec. 11. Office for Public Health Services. — The
Office for Public Health Services, headed by a Deputy Minister, shall
include ten (10) staff services involved in policy formulation,
standards, development, program development, and program monitoring of
disease control and service delivery programs implemented by the field
offices. The Deputy Minister for Public Health Services who shall be
supported by an Assistant Minister, shall supervise the following:
(a)
Maternal and Child Health Service, which shall formulate plans,
policies, programs, standards and techniques relative to maternal and
child health; provide consultative training and advisory services to
implementing agencies; and conduct studies and research related to
health services for mothers and children;
(b)
Tuberculosis Control Service, which shall formulate plans, policies,
programs, standard and techniques relative to the control of morbidity
and mortality from tuberculosis; provide consultative, training and
advisory services to implementing agencies; and conduct studies and
research related to tuberculosis;
(c) Family
Planning Service, which shall formulate plans, policies, programs,
standards and techniques relative to family planning in the context of
health and family welfare; provide consultative training and advisory
services to implementing agencies; and conduct studies and research
related to family planning;
(d)
Environmental Health Service, which shall formulate plans, policies,
programs, standards and techniques relative to environmental health and
sanitation; provide consultative, training and advisory services to
implementing agencies; and conduct studies and research related to
environmental health;
(e) Nutrition
Service, which shall formulate plans, policies, programs, standards and
techniques relative to nutrition services in the context of primary
health care, provide services to implementing agencies; consultative,
training and advisory and conduct studies and research related to
nutrition;
(f) Dental
Health Service, which shall formulate plans, policies, programs,
standards and techniques relative to dental health services; provide
consultative, training and advisory services to implementing agencies;
and conduct studies and research related to dental diseases and dental
services:
(g) Malaria
Control Service, which shall formulate plans, policies, programs,
standards and techniques relative to the control of malaria; provide
consultative, training and advisory services to implementing agencies;
and conduct studies and research related to malaria and its control;
(h)
Schistosomiasis Control Service, which shall formulate plans, policies,
programs, standards and techniques relative to the control of
schistosomiasis; provide consultative, training and advisory services
to implementing agencies; and conduct studies and research related to
schistosomiasis and its control;
(i)
Communicable Disease Control Service, which shall formulate plans,
policies, programs, standards and techniques relative to the control of
communicable diseases, other than the major causes of mortality and
morbidity, such as leprosy, sexually transmitted diseases, filariasis
and others; provide consultative, training and advisory services to
implementing agencies; and conduct studies and research related to
these other communicable diseases;
(j)
Non-communicable Disease Control Service, which shall formulate plans,
policies, programs, standards and techniques relative to the control of
non-communicable diseases, provide consultative training and advisory
services to implementing agencies; and conduct studies and research
related to mental illness, cardiovascular disease, cancer, other non.
communicable diseases, and occupational health.
Sec. 12. The Office for Hospital and Facilities
Services. — The Office for Hospital and Facilities Services, headed by
a Deputy Minister who shall be supported by an Assistant Minister,
shall include four (4) staff services involved in policy formulation,
standards development, program monitoring and provision of specialized
assistance in the operations of hospitals and the management of
facilities, which are as follows:
(a)
Hospital Operations and Management Service, which shall formulate and
implement plans, programs, policies, standards and techniques related
to management improvement and quality control of hospital operations:
provide consultative, training and advisory services to field offices,
in relation to the supervision and management of hospital components;
and conduct studies and research related to hospital operations and
management;
(b) Radiation
Health Service which shall formulate and implement plans, programs,
policies, standards and techniques to ensure radiation health safety;
provide consultative, monitoring, training and advisory services to
private and government facilities with radiation-emitting apparatus;
and conduct studies and research related to radiation health;
(c) Hospital
Maintenance Service which shall formulate and implement plans,
programs, policies, standards and techniques related to assuring the
proper maintenance of Ministry equipment; provide consultative,
training and advisory services to implementing agencies in relation to
preservation, repair and maintenance of medical and non-medical
equipment of the Ministry; and conduct studies and research related to
equipment and facility maintenance;
(d) Health
infrastructure Service which shall formulate and implement plans,
policies, programs, standards and techniques related to development and
preservation of health infrastructure; provided consultative, training
and advisory services to implementing agencies in relation to
infrastructure projects to assure economical and efficient
implementation; and conduct studies and research related to
infrastructure development and utilization.
Sec. 13. Office for Standards and Regulations. —
The Office for Standards and Regulation, headed by a Deputy Minister
and supported by an Assistant Minister, shall include three (3) bureaus
and one (1) national office that shall be responsible for the
formulation of regulatory policies and standard over the various areas
of concern in the health sector, whose implementation shall be the
general responsibility of the Ministry’s regional field offices. The
same bureaus shall also be responsible for those areas of activity
covered by regulatory policy to provide the Minister with current
information on the status of these regulated areas of activity and to
provide the Minister with a basis for preliminarily evaluating the
efficiency of the Ministry’s field offices in performing their
regulatory functions. The same bureaus shall conduct studies and
research pertinent to their areas of responsibility. In certain
instances the bureaus may also perform consultative, training, and
advisory services to the practitioners and institutions in the areas of
regulated activity. The same bureaus and national office are:
(a)
Bureau of Research and Laboratories which shall develop and formulate
plans, standards, and policies for the establishment and accreditation
and licensing of laboratories; blood banks and entities handling
biological products provide consultative, training and advisory
services to public and private laboratories, and conduct studies and
research related to laboratory procedures and operations;
(b) Bureau of
Food and Drugs which shall act as the policy formulation and sector
monitoring arm of the Minister on matters pertaining to foods, drugs,
traditional medicines, cosmetics and household products containing
hazardous substances, and the formulation of rules, regulations and
standards in accordance with Republic Act 3720 and other pertinent laws
for their proper enforcement; 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; advise the Ministry’s field
offices 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; the Bureau shall provide
consultative, training and advisory services to all agencies and
organizations involved in food and drug manufacturing and distribution
with respect to assuring safety and efficacy of food and drugs; conduct
studies and research related to food drug safety; maintain a corps of
specially trained food and drugs inspectors for assignment to the
various field offices of the Ministry; while these inspectors shall be
under the technical supervision and guidance of the Bureau, they shall
be under the administrative supervision of the head of the field office
to which they shall be assigned, the latter being responsible for
regulatory program implementation within the geographic area of his
jurisdiction;
(c) Bureau of
Licensing and Regulation which shall formulate policies and establish
the standards for the licensing and regulation of hospitals, clinics
and other health facilities; establish standards that shall be the
basis of inspections and licensure procedures of the Ministry’s field
offices; provide consultative, training and advisory services to field
offices on the conduct of licensing and regulatory functions over
hospitals, clinics and other health facilities.
(d) National
Quarantine Office which shall formulate and implement quarantine laws
and regulations. Its present field offices shall continue to perform
their present functions, including supervision over rat-proof zones in
designated international ports and airports, and over medical
examination of aliens for immigration purposes.
Sec. 14. Office for Management Services. — The
Office for Management Services, headed by a Deputy Minister who shall
be supported by an Assistant Minister, shall include six (6) staff
services involved in providing support services to Ministry Proper,
field offices and attached agencies, which are as follows:
(a)
Financial Services which shall provide the Ministry with staff advice
and assistance on accounting, budget and financial matters; supervise
the coordinated preparation and implementation of annual and long term
financial and work plan and budget estimates; conduct periodic
Ministry-wide performance and financial reviews; and design and
implement improvements in financial management systems, procedures and
practices;
(b) Management
Advisory Service which shall provide staff advice and assistance on
internal control, and management system improvement, including
management information systems; supervise the establishment of a
management accounting system, control procedures and management
information systems for improved decision making;
(c) Health
Manpower Development and Training Service which shall formulate plans,
policies, programs, standards and techniques for the effective and
efficient manpower personnel; training of Ministry personnel;
pro-provide consultative, training and advisory services to
implementing agencies; shall conduct studies and research related to
health manpower development and training; and develop plans and
programs for improved recruitment, deployment, development, and
maintenance of personnel.
(d)
Procurement and Logistics Service which shall undertake the central
procurement of the health care products and supplies needed by the
Ministry and its field offices which are not produced by or beyond the
production capacity of its in-house production facilities; and ensure
the proper, adequate, and timely flow of health products and services
to the Ministry’s field offices;
(e)
Biologicals Production Services which shall formulate plans, policies,
programs, standards, and techniques for the processing, manufacture,
standardization, and improvement of biological products for Ministry
use; manufacture vaccines, sera, antitoxins, and other biologicals;
provide consultative, training, and advisory services to implementing
agencies; and conduct studies and research related to biological
production, distribution, and use;
(f)
Administrative service which shall provide the Ministry with efficient,
and effective services relating to personnel, records, collections, and
disbursements, security, custodial work, and other general services not
covered by the preceding Services.
Sec. 15. Office for National Field Operation. —
The Office for National Field Operations, through an Executive
Committee shall supervise the operations of the various Regional
Offices; the National Capital Region; and the National Health
Facilities, as enumerated in Sec. 7 (c) and further described in
Section s 16, 17 and 18 hereof
Sec. 16. Regional Health Offices. — The Ministry
is hereby authorized to establish, operate, and maintain a
ministry-wide Regional Office, in each of the administrative regions of
the country, under the supervision of an Executive Committee chaired by
the Minister. Each Regional Health Office shall be headed by a Regional
Director to be appointed by the President., and supported by an
Assistant Regional Director. The appointment of the Regional Director
and Assistant Regional Director shall be to the Ministry at large and
assignment shall be by administrative issuances of the Minister. The
Regional Health Office shall be responsible for the field operations of
the Ministry in its administrative region and for providing the region
with efficient and effective health and medical services. It shall
supervise all Ministry agencies in its administrative region including
whatever medical centers, regional hospitals, sanitaria, provincial
health offices and city health offices that are located in the region
except those placed under the Ministry Proper.
In addition to the foregoing, a Regional Office shall have within its
administrative region, the following functions:
(a)
Implement laws and rules, regulation, policies, plans, programs and
projects of the Ministry in the region;
(b) Provide
efficient and effective health and medical services to the people;
(c) Coordinate
with regional offices of other ministries, offices, and agencies in the
region;
(d) Coordinate
with local government units; and
(e) Perform
such other functions as may be provided by law.
Sec. 17. Provincial Health Office. — The
integrated Provincial Health Office created under Executive Order No.
851 shall remain as the Ministry agency in the province. It shall
exercise supervision and control over district health offices and other
field units of the Ministry in the province, except those otherwise
placed under the Ministry proper or directly under the Regional Health
Office.
The provincial Health Office shall be headed by a Provincial Health
Officer. Depending on size, population, and health facilities of the
province as well as budgetary provisions, a province may have one
Assistant Provincial Health Officer assisting the Provincial Health
Officer, or two Assistant Provincial Health Officers, one assisting the
Provincial Health Officer in public health activities and other
assisting in hospital operations. The Provincial Health Officers and
Assistant Provincial Health Officer shall be appointed by the Minister
to a region, and their assignment to a province shall be made by the
Minister on recommendation of the Regional Director.
Sec. 18. District Health Office. — The District
Health Office is hereby created to absorb the functions of the district
hospitals. The District Health Office shall exercise supervision and
control over district hospital, municipal hospitals, rural health
units, barangay health stations and all other Ministry units in the
health district, except those otherwise placed directly under the
Provincial Health Office, or Regional Health Office, or the Ministry
Proper.
The District Health Office shall be headed by District Health Officer
who shall also serve as the Chief of the district hospital as well as
the head of all field units in the district. District Health Officers
shall be appointed by the Minister to a region, and their assignments
shall be made by the Minister on recommendation of the Regional Health
Director.
Sec. 19. Local Health Agencies. — The Ministry
shall review and monitor the establishment, operation and maintenance
of health agencies funded by local governments. Proposals for
integrating locally funded health agencies under the supervision and
control of the Ministry without regard the sourcing of funds shall be
made by the ministry for appropriate local government’s approval. Any
such agreement shall be allowed and, whenever possible, funding from
national sources may be extended to achieve a nationally integrated
government health service under the Ministry.
Sec. 20. City Health Officers. — The City Health
Officers and Assistant City Health Officers shall be appointed by the
Minister. Their compensation shall be paid out national funds.
Sec. 21. Delegation of Power by Minister. — 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 sound
judgment would make for a more efficient and effective administration
of health and medical services.
Sec. 22. Abolitions, Transfers, and
Reorganization. — The following organization changes shall be complied
with:
(a)
The positions of Assistant Secretaries and Assistant Directors of
Services shall be abolished.
(b) The Bureau
of Health Services shall be abolished and its pertinent functions shall
be transferred to the Office for Public Health
Services.
(c) The Bureau
of Medical Services shall be abolished and its pertinent functions,
shall be transferred to the Office For Standards and Regulations and
the Office For Hospital, and Facilities Services.
(d) The
Dermatology Research and Training Service shall be converted into a
Dermatology Department in the Jose Reyes Memorial Medical Center. Its
functions related to planning leprosy control programs shall be
transferred to the Communicable Disease Control Service. It shall
retain its functions related to direct patient care and its
corresponding research functions, and it shall be housed, along with
its existing equipment and related facilities in the Jose Reyes
Memorial Medical Center.
(e) The Cancer
Control Center shall be converted into a Department of Radiotherapy in
the Jose Reyes Memorial Medical Center. Its functions related to the
Planning of cancer control programs shall be transferred to the
Non-Communicable Disease Control Service under the Office for Public
Health Services. Its functions related to direct patient care and its
corresponding research functions, and its existing equipment and
related facilities shall be transferred to the Department of
Radiotherapy hereby created in the Jose Reyes Memorial Medical Center.
A corresponding Department of Radiotherapy may also be established in
the East Avenue Medical Center, if authorized by the Minister.
(f) The Bureau
of Dental Health Services shall be converted into the Dental Health
Service under the Office For Public Health Services.
(g) The
Schistosomiasis Control Council shall be abolished and its pertinent
functions, shall be transferred to the Schistosomiasis Control Service.
(h) The Health
Education and Manpower Development Service shall be abolished. Its
functions related to health education shall be transferred to the
Public Information and Health Education Service under the Office of the
Minister. Its functions related to manpower development and training
shall be transferred to Health Manpower Development and Training
Service under the Office For Management Services.
(i) The
Financial Management Service shall be abolished. Its budget and
accounting functions shall be transferred to the Financial Service
while its management audit functions shall be transferred to the Office
for Financial, Operations, and Front Line Services Audit in the Office
of the Minister.
(j) The Bureau
of Research and Laboratories shall be reorganized. Its biological
production functions shall be transferred to the Biologicals Production
Service under the Office for Management Services.
(k) The Bureau
of Quarantine shall be converted into the National Quarantine Office.
(l) The
Administrative Service shall be reorganized. Its information functions
shall be transferred to the Public Information and Health Education
Service under the Office of the Minister. It shall establish a Medical
Examination and Ministry Infirmary.
(m) The Health
Intelligence Service shall be reorganized. Its management information
systems function shall be transferred to the Management Advisory
Service under the Office for Management Services.
(n) The
Planning Service shall be reorganized into the Internal Planning
Service. The existing three (3) divisions shall be combined into two
(2) divisions.
(o) The
Radiological Health Service shall be reorganized and renamed Radiation
Health Service. Its licensing and regulatory functions shall be
transferred to the Bureau of Licensing and Regulation under the Office
for Standards and Regulation. Its equipment repair functions shall be
transferred to the Hospital Maintenance Service under the Office for
Hospital and Facilities Services.
(p) The
following units shall be created: The Community Health Service, Public
Information and Health Education Service, Foreign Assistance
Coordination Service, Legal Affairs, Financial, Operations, and Front
Line Services Audit under the Office of the Minister; the Maternal and
Child Health Service, Tuberculosis Control Service, Environmental
Health Service, Communicable Disease Control Service and
Non-Communicable Disease Control Service under the Office for Public
Health Services; the Hospital Operations and Management Service,
Hospital Maintenance Service and Health Infrastructure Service under
the Office for Hospital and Facilities Services; the Bureau of
Licensing and Regulations under the Office for Standards and
Regulation; Management Advisory Service, Procurement and Logistics
Service, Biologicals Production Service, under the Office for
Management Services.
(q) Tondo
General Hospital, Inc., created as a government corporation under
Republic Act No. 6375, is hereby dissolved and all its assets,
liabilities, properties and personnel as may be necessary are hereby
transferred to the Tondo Medical Center under the Ministry of Health.
Said hospital shall be a National Medical Center of the Ministry of
Health, which shall be reorganized, following the applicable principles
embodied in Section s 24 and 26 hereof.
(r) The
Philippine Heart Center (formerly the Philippine Heart Center for
Asia), Lung Center of the Philippines, Philippine Children’s Medical
Center (formerly the Lungsod ng Kabataan), and the National Kidney
Institute (formerly the National Kidney Foundation of the Philippines)
are hereby attached to and placed under the administrative supervision
of the Ministry, and are deemed to be functionally integrated into the
Ministry’s structure, notwithstanding their organizational form, and
their budgetary allocations shall be incorporated into the Annual
Budget of the Ministry. Their Boards of Trustees shall be headed by the
Minister as ex-officio chairman and a Deputy Minister of Health shall
be designated by the Minister as ex-officio vice chairman in each of
the above institutions. The Boards of Trustees are hereby authorized to
reorganize their respective hospitals, following the applicable
principles embodied in Section s 24 and 26 hereof. In conformance with
Sec. 7 of this Executive Order, the Executive Committee for National
Field Operations of the Ministry shall, by appointment of the
President, be members of the Boards of Trustees of these institutions.
(s) The
Medicare Hospitals and other direct patient care or health care
extension units of the Philippine Medical Care Commission are hereby
transferred to the Ministry to be integrated into the Ministry’s health
care delivery systems, reorganized, or abolished as the Minister, in
his sound judgment. may see fit.
Subsection (a) shall be in
accordance with Sec. 24 (e) hereof. Subsections (b), (c), (g), (h),
and (i), shall be in accordance with Sec. 24 (a) hereof. Subsections
(f), (j ), (l), (m), and (o) shall be in accordance with Sec. 24 (b)
hereof with respect to the transfer of functions thereunder, with
respect to retained functions, and shall be in accordance with the
Ministry’s new position structure and staffing pattern approved and
prescribed by the Minister under Sec. 26 hereof. Subsections (d),
(e), (k) and (n) shall be in accordance with Sec. 24 (c) hereof.
Subsection (p) shall be in accordance with Sec. 26 hereof.
Sec. 23. Attached Entity. — The Philippine Medical
Care Commission shall be attached to the Ministry. Its ex-officio
Chairman shall be the Minister of Health and its ex-officio Vice
Chairman shall be a Deputy Minister of Health designated by the
Minister.
The Dangerous Drugs Board is hereby attached to the Ministry, and its
ex-officio Chairman shall be the Minister of Health and its ex-officio
Vice Chairman shall be a Deputy Minister of Health designated by the
Minister.
Sec. 24. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order.
(a)
The transfer of functions which results in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, other assets and
personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations,
and funds, if any, shall revert to the General Funds and its remaining
assets, if any shall be allocated to such appropriate units as the
Minister shall determine or shall otherwise be disposed of in
accordance with the Government Auditing Code and other pertinent laws
rules and regulations. Its liabilities, if any, shall likewise be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. Its personnel shall, in holdover
capacity, continue to perform their duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime
they are separated from the service pursuant to Executive order No. 17
(1986) or Article III of the Freedom Constitution. Its personnel, whose
positions are not included in the Ministry’s new position structure and
staffing pattern approved and prescribed by the Minister under Sec. 26 hereof or who are not reappointed, shall be deemed separated from
the service and shall be entitled to the benefits provided for in the
second paragraph of the same Sec. 26 hereof.
(b) The
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, other assets and
personnel as may be necessary to the proper discharge of the
transferred functions. The liabilities, if any, that may have been
incurred in connection with the discharge of the transferred functions,
shall be treated in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations. Such personnel shall, in a
hold-over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service pursuant to
Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Any such personnel, whose position is not included in the
Ministry’s new position structure and staffing pattern approved and
prescribed by the Minister under Sec. 26 hereof or who has not been
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided for in the second paragraph of the
same Sec. 26.
(c) In case of
merger or consolidation of government units, the new or surviving unit
shall exercise the functions (subject to the reorganization herein
prescribed and the laws, rules and regulations, pertinent to the
exercise of such functions) and shall acquire the appropriations,
funds, records, equipment, facilities, other assets, liabilities if
any, and personnel of (1) the units that compose the merged unit or (2)
the absorbed unit, as the case may be. Such personnel shall, in a
hold-over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service pursuant to
Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Any such personnel, whose position is not included in the
Ministry’s new position structure and staffing pattern approved and
prescribed by the Minister under Sec. 26 hereof or who is not
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph of the same
Sec. 26.
(d) The
transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, if any, of the
transferred unit as well as the personnel thereof, as may be necessary,
who shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution. Those personnel of the transferred
unit whose positions are not included in the new position structure and
staffing pattern approved by the Minister or who are not reappointed
shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of Sec. 26 hereof.
(e) In case of
termination of a function which does not result in the abolition of the
government unit which has performed such function, the appropriations
and funds intended to finance and discharge of such function shall
revert to the General Fund, while the records, equipment, facilities,
rights and other assets used in connection with the discharge of such
function shall be allocated to the appropriate units as the Minister
shall determine or shall otherwise be disposed in accordance with the
Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities, if any, that may have been incurred in
connection with the discharge of such function shall likewise be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. The personnel who have performed
such functions, whose positions are not included in the new position
structure and staffing pattern approved and prescribed by the Minister
under Sec. 26 hereof or who have not been reappointed, shall be
deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Sec. 26.
Sec. 25. Miscellaneous Provisions. — The following
miscellaneous provisions are hereby prescribed:
(a)
The Minister is hereby granted the authority to prescribe changes in
the regional, provincial and district operational units including the
relocation of provincial health offices; designations of regional
hospitals, medical centers and provincial hospitals, delineation of
health district; realignment of appropriations subject to the approval
of the Ministry of Budget and Management.
(b) The
position of head of service and bureau shall be that of a director with
CES Rank II and placed under the coverage of the Career Executive
Service, except those services and bureaus headed by an Assistant
Minister.
(c)
Designations to the positions in the Ministry shall not be limited to
the incumbents of the positions where there are others more qualified
in other units of the Ministry.
(d) The
Minister is hereby authorized, with the approval of the President, to
convert the legal status of any of the National Health Facilities
described in Sec. 7 (c) hereof into corporate entities, provided
that they shall remain under the administrative supervision and control
of the Ministry. The Boards of Directors of these institutions shall be
headed by the Minister and the members of the Ministry’s Executive
Committee for National Field operations shall be appointed by the
President as its members. Upon conversion into corporate form, the
budgetary allotments that these institutions shall be entitled to from
the national treasury shall be limited to outlays directly related to
indigent patient care and a pro rata share of overhead expenses and its
other operations shall be required to meet the test of economic
viability.
(e) Except as
herein provided, with respect to the ex-officio positions of the
Minister or a Deputy Minister in attached institutions, entities, or
boards, the heads thereof and the members of the boards of trustees, if
any, shall be appointed by the President.
Sec. 26. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Ministry shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution.
The new position structure and staffing pattern of the Ministry shall
be prescribed by the Minister within one hundred twenty (120) days from
the approval of this Executive Order subject to approval by the Office
of Compensation and Classification and the authorized positions created
thereunder shall be filled thereafter with regular appointments by him
or the President, as the case may be as herein provided. Those
separated from the service shall receive the retirement benefits to
which they may be entitled under existing laws, rules and regulations.
Otherwise, they shall be paid the equivalent of one month basic salary
for every year of service, or the equivalent nearest fraction thereof
favorable to them on the basis of highest salary received, but in no
case shall such payment exceed the equivalent of 12 months
salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation or replacement
of any officer or employee effected under this Executive Order.
Sec. 27. Periodic Performance Evaluation. — The
Ministry is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Ministry and submit the same annually to the President.
Sec. 28. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice or consent of creditors, is required to be
made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 29. Change of Nomenclature. — In the event of
the adoption of a new Constitution which provides for a presidential
form of government, the Ministry shall be called Department of Health
and the titles of Minister, Deputy Minister, and Assistant Minister
shall be changed to Secretary, Undersecretary and Assistant Secretary,
respectively.
Sec. 30. Prohibition Against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President for the purpose of promoting efficiency
and effectiveness in the delivery of public services.
Sec. 31. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Ministry.
Sec. 32. Implementing Authority of Minister. — The
minister shall issue such rules, regulations and other issuances as may
be necessary to ensure the effective implementation of the provisions
of this Executive Order.
Sec. 33. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying the other provisions hereof as long as
such remaining portions or provisions can still subsist and be given
effect in their entirety.
Sec. 34. Repealing Clause. — All laws, ordinances,
orders, proclamations, rules, regulations issuances or parts thereof,
which are inconsistent with any of the provisions of this Executive
Order are hereby repealed or modified accordingly.
Sec. 35. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eighty seven.
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Since 19.07.98.