Title
Conversion of Culion Sanitarium into Hospital
Law
Republic Act No. 9790
Decision Date
Nov 18, 2009
The Culion Sanitarium Conversion and Upgrading Act of 2009 converts the Culion Sanitarium in Palawan into a general hospital, ensuring security of tenure for personnel and continued service to leprosy patients, with funding provided by the Department of Health and supplementary sources.

Legal basis and predecessor creation

  • Executive Order No. 35, series of 1904 is the legal creation basis of the Culion Sanitarium.
  • Republic Act No. 9790 expressly converts that existing sanitarium into a new institutional form called the Culion Sanitarium and General Hospital under Section 2.

Conversion plan requirements

  • The conversion scheme and its timetable must be carried out under a conversion plan drawn up by the Central Office of the Department of Health under Section 3.
  • The Department must constitute and coordinate the conversion plan with the Center for Health Development IV-B Regional Director under Section 3.
  • The Department must coordinate the conversion plan with the Chief of Culion Sanitarium, medical and non-medical personnel through their legal or duly designated representatives, and other stakeholders under Section 3.

Transfer of property, records, and obligations

  • All assets, whether movable or immovable, of the Sanitarium are transferred to the Culion Sanitarium and General Hospital under Section 4.
  • All records of the Sanitarium are transferred to the Culion Sanitarium and General Hospital under Section 4.
  • All liabilities and obligations of the Sanitarium are transferred to the Culion Sanitarium and General Hospital under Section 4.

Personnel rights and workforce continuity

  • The positions of medical and non-medical personnel continue to be honored under the Culion Sanitarium and General Hospital under Section 5.
  • Seniority of medical and non-medical personnel continues to be honored under the new hospital under Section 5.
  • Security of tenure and other rights of tenure of medical and non-medical personnel continue to be honored under Section 5.

Service continuity for leprosy patients

  • The interest and well-being of all indigent patients being treated under the Leprosy Control Program must continue to be acknowledged and served by the Culion Sanitarium and General Hospital under Section 6.
  • Efforts to serve indigent leprosy patients must include possible livelihood assistance to indigent patients under the Leprosy Control Program using the assets of the Culion Sanitarium and General Hospital under Section 6.

Funding and budget inclusion

  • The Secretary of Health must immediately include the operationalization of the Culion Sanitarium and General Hospital in the Department’s program under Section 7.
  • The initial funding for operationalization must be charged against the Department’s current year appropriations under Section 7.
  • For continued operation, the amount necessary must be included in the annual General Appropriations Act under Section 7.
  • The Center for Health Development IV-B Regional Director and the Chief of Hospital, in coordination with concerned local government units, must draw up a mechanism for sourcing supplementary funds to augment operations under Section 8.

Separability, repeals, and modification

  • Section 9 preserves validity of the unaffected portions: if any provision or part of the Act is declared unconstitutional, the remaining portion continues to be valid and operative.
  • Section 10 repeals, amends, or modifies inconsistent issuances: all laws, decrees, orders, letters of instruction, rules and regulations, and other issuances, including parts thereof, that are inconsistent with Republic Act No. 9790 are repealed, amended, or modified accordingly.

Effectivity and approval timeline

  • Republic Act No. 9790 takes effect immediately upon approval under Section 11.
  • The President’s approval date is NOV 19 2009.
  • The Act was approved with signatures of JUAN PONCE ENRILE (President of Senate) and PROSPERO C. NOGRALES (Speaker of the House of Representatives).
  • The Act’s enactment passage dates are October 2, 2008 (House of Representatives) and September 8, 2009 (Senate).

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