Question & AnswerQ&A (Republic Act No. 11036)
Republic Act No. 11036 shall be 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 access to mental health services free from discrimination and stigmatization, in accordance with international human rights standards.
Mental Health is defined as a state of well-being in which an individual realizes their own abilities and potentials, copes adequately with normal stresses of life, works productively, displays resilience, and contributes positively to the community.
The objectives include strengthening mental health leadership, establishing an integrated mental health system, protecting rights of persons with mental health needs, strengthening information systems and research, integrating mental health in basic services, and promoting mental health in communities, schools, and workplaces.
Service Users refer to persons with lived experience of any mental health condition, including those requiring or undergoing psychiatric, neurologic, or psychosocial care.
They have rights including freedom from discrimination, access to quality treatment, informed consent, confidentiality, participation in treatment planning, access to aftercare, legal services, private communication, and to file complaints regarding violations.
Informed consent in writing from the service user, except in cases of psychiatric or neurologic emergencies or temporary loss of decision-making capacity under specified safeguards.
An advance directive is a signed, dated, and notarized document where a service user sets out preferences regarding treatment, which can be revoked or modified by subsequent directives.
The Internal Review Board reviews cases involving treatment, restraint, or confinement of service users, ensures compliance with standards, investigates complaints, and recommends corrective actions or legal proceedings.
Only during psychiatric or neurologic emergencies or temporary loss of decision-making capacity, in compliance with advance directives if available, upon order of attending mental health professional and subject to review by the Internal Review Board, and in accordance with approved guidelines.
Persons found guilty can face imprisonment of 6 months to 2 years, fines ranging from P10,000 to P200,000, or both. If the offender is a juridical person or alien, respective penalties including deportation apply. Violations include failure to secure informed consent, breach of confidentiality, discrimination, and administering inhumane treatment.
It is a policy-making, planning, coordinating, and advisory body attached to the DOH that oversees the implementation of the Mental Health Act, develops national policies, monitors compliance, coordinates among agencies, and ensures protection of persons with mental health needs.
The Act mandates integration of age-appropriate mental health content into curricula, development of mental health programs for students, educators and employees, and requires public and private institutions to have mental health professionals.
Employers are required to develop policies and programs that raise awareness about mental health, address stigma and discrimination, provide support to at-risk individuals, and facilitate access to treatment and psychosocial support.
LGUs must develop local mental health policies and ordinances, integrate mental health services into basic health care, train mental health providers, promote deinstitutionalization, establish mental health facilities, provide public housing and vocational support as needed, and coordinate multi-sectoral networks for mental health.