QuestionsQuestions (BATAS PAMBANSA BLG. 344)
EO No. 102 cites Section 20, Chapter 7, Title I, Book III of the Administrative Code of 1987 (EO 292) empowering the President, and Section 78 and Section 80 of RA 8522 (General Appropriations Act of 1998) empowering the President to direct organizational changes and directing agencies to scale down/phase out/abolish non-essential activities.
The DOH must provide assistance to LGUs, people’s organizations (POs), and other civic society members to effectively implement health programs, projects, and services aimed at promoting health and well-being; preventing and controlling diseases among at-risk populations; protecting against health hazards and risks; and treating, managing, and rehabilitating affected individuals.
Section 1 lists: (a) promote health and well-being of every Filipino; (b) prevent and control diseases among at-risk populations; (c) protect individuals, families, and communities exposed to hazards and risks affecting health; and (d) treat, manage, and rehabilitate individuals affected by disease and disability.
Examples of roles include: (a) lead agency articulating national health objectives; (b) direct service provider for specific programs affecting large segments of the population (e.g., TB, malaria, HIV/AIDS, micronutrient deficiencies); (c) lead agency in health emergency response services; (d) technical authority in disease control and prevention; (e) lead agency ensuring equity, access, and quality through policy formulation, standards, and regulations; (f) technical oversight via monitoring and evaluating health programs; (g) administrator of selected sub-national referral centers.
Section 2 includes roles on health emergency response services and health emergency preparedness and response (e.g., items c and m). Section 3 also includes assuming leadership in health during emergencies, calamities, disasters, and system failures (item j).
Under Section 2(f), the DOH is the technical oversight agency responsible for monitoring and evaluating the implementation of health programs, projects, research, training, and services.
The RSP is a plan that serves as the basis for functional and operational redirection to achieve efficiency and effectiveness. It specifies shifts in policy directions, structural organization, staffing (filled and unfilled positions), and resource allocation effects. It must be submitted to the DBM for approval before the corresponding shifts are affected.
Section 4 requires: (a) specific shift in policy directions, functions, programs, and activities/strategies; (b) structural/organizational shift stating specific functions by organizational unit and the relationship of each unit; (c) staffing shift itemizing existing filled and unfilled positions; and (d) resource allocation shift indicating effects on budgetary allocation and possible savings.
The RSP must be submitted to the Department of Budget and Management (DBM) for approval, and only after such approval may the DOH Secretary effect the corresponding shifts.
Section 5 provides that redeployment of officials and other personnel based on the approved RSP shall not result in diminution in rank and compensation. It must also take into account pertinent Civil Service laws and rules.
Section 6 states that the needed financial resources shall be taken from funds available in the DOH, but total requirements for implementing the revised staffing pattern shall not exceed available funds for Personnel Services.
Section 7 states that covered personnel who opt to be separated shall be entitled to benefits under existing laws. For those not covered, separation benefits are equivalent to one month basic salary for every year of service (or proportionate share), in addition to terminal fee benefits under existing laws.
The DOH Secretary is the implementing authority. Under Section 8, besides implementing the RSP, the Secretary is authorized to determine the type of agencies and facilities necessary to carry out the DOH mandate and roles, including pilot testing of programs and such ‘pre-corporization’ of hospitals, following efficiency and effectiveness principles.
Section 9 provides that the Executive Order takes effect immediately.
EO No. 102 recognizes that DOH has been transformed from being the sole provider of health services into a provider of specific health services and a technical assistance provider, as a result of devolution of basic services to local government units.
Section 2(o) states that DOH shall implement the National Health Insurance Law, providing administrative and technical leadership in health care financing.