[ EXECUTIVE ORDER NO. 119, January 30, 1987 ]
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:
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:
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:
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;
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:
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:
SEC. 13. Office for Standards and Regulation. - 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:
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:
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 Section 7 (c) and further described in Sections 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:
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 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 or 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:
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 (p) shall be in accordance with Section 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.
SEC. 25. Miscellaneous Provisions. - The following miscellaneous provisions are hereby prescribed:
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 or 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. Effectively. - 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.
By the President:
(Sgd.) JOKER P. ARROYO
Executive Secretary
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 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 Pinas, Muntinlupa, San Juan, Valenzuela, Navotas, Malabon, Paranaque, 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; |
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:(1)
(2)
| (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 functions 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: |
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;(1)
(2)
(3)
(4)
(5)
| (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 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 be 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 Diseases 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 Regulation. - 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; 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, 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, 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 Section 7 (c) and further described in Sections 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 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 or 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 Schistomiasis 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 functions 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, 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 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 of Health shall be designated by the 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 tot eh 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 (p) shall be in accordance with Section 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 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 capacity, continue 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 or 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 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 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. |
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 tat 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. |
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 or 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. Effectively. - 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.
(Sgd.) CORAZON C. AQUINO
President of the Philippines
President of the Philippines
By the President:
(Sgd.) JOKER P. ARROYO
Executive Secretary