Question & AnswerQ&A (Republic Act No. 11036)
Republic Act No. 11036 is officially known as the "Mental Health Act."
The State affirms the basic right of all Filipinos to mental health and commits to promoting, protecting, and ensuring availability of timely, affordable, high-quality, and culturally appropriate mental health care free from coercion and discrimination.
Mental Health is defined as a state of well-being wherein an individual realizes his or her own abilities, copes adequately with normal life stresses, displays resilience to extreme life events, works productively, and contributes positively to the community.
A legal representative is a person designated by the service user, appointed by a court, or authorized under this Act to act on behalf of the service user, especially when the service user has temporary impairment of decision-making capacity.
Service users have rights including freedom from discrimination and stigma; access to quality, affordable mental health services; informed consent; confidentiality; participation in treatment planning; legal services; and the right to file complaints against abuses.
In cases of psychiatric or neurologic emergencies or when a service user has impairment or temporary loss of decision-making capacity, treatment may be administered without prior informed consent but subject to safeguards such as review by internal review boards.
The Internal Review Board conducts reviews, monitors treatment and restraint practices, investigates complaints, inspects facilities, and recommends actions to rectify violations of service users' rights.
Violators may be punished with imprisonment ranging from six months to two years, fines from ₱10,000 to ₱200,000, or both. Penalties apply to responsible persons in juridical entities and can include deportation for aliens.
DOH is tasked with formulating a national mental health program, regulating facilities, integrating mental health in health systems, ensuring protection of rights, coordinating budgets, promoting research, and ensuring human rights training for health workers.
The Council is a policy-making, coordinating, and advisory body attached to DOH, tasked with overseeing implementation of the Act, protecting rights of persons with mental health needs, and developing integrated mental health policies and programs.