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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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, Biological 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.
Section 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.
Section 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.
Section 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;
Section 10
Deputy Ministers
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;
Section 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 consultative, training
and advisory services to implementing agencies; 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.
Section 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;
provide 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.
Section 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.
Section 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; 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)
Biological 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, anti-toxins, 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, disbursements, security, custodial work, and other general
services not covered by the preceding Services.
Section 15
Office for National Field
Operations
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 Section 7 (c) and
further described in Sections 16, 17 and 18 hereof.
Section 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.
Section 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 Health Director.
Section 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.
Section 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.
Section 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.
Section 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.
Section 22
Abolitions, Transfers, and
Reorganization
The
following organizational 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 Sections 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 Sections
24 and 26 hereof. In conformance with Section 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 Section 24 (e) hereof. Subsections (b), (c),
(g), (h), and (i), shall be in accordance with Section 24 (a) hereof.
Subsections (f), (j ), (l), (m), and (o) shall be in accordance with Section 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 Section 26 hereof. Subsections (d), (e), (k) and (n) shall be in
accordance with Section 24 (c) hereof. Subsection (p) shall be in accordance
with Section 26 hereof.
Section 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.
Section 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 Section 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 Section 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 Section 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 Section 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 Section 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 Section 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
Section 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 Section 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 Section 26.
Section 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 Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 31
Funding
Funds
needed to carry out the provisions of this Executive Order shall be taken from
funds available in the Ministry.
Section 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.
Section 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.
Section 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.
Section 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
CORAZON C. AQUINO
President of the Philippines
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