Reorganization of the Ministry of Health

Legal basis and enabling authority

The reorganization is grounded on the President’s authority under the Constitution.
The reorganization is also authorized under Presidential Decree No. 1416 as amended.
The powers exercised are described as organizational and related improvements appropriate to changing circumstances and new developments.
The Ministry operates within constitutional mandates on national guidelines, Presidential control, supervision by the Prime Minister, and responsibility to the Batasang Pambansa.

Policy purpose and program orientation

The Ministry is declared the ministry with primary responsibility for formulating, planning, implementing, and coordinating policies and programs in the field of health.
The primary function is to promote, protect, and preserve the health of the people through efficient, effective, encompassing, equitable, and adequate health services.
The reorganization implements full integration of the promotive, preventive, curative, and rehabilitative components of health care delivery.
Field operations are structured to implement health services responsive to community prioritized needs and requiring community participation in determining health care requirements.

Ministry powers, leadership, and structure

Section 1 vests authority and responsibilities in the Ministry of Health, and places the Ministry within constitutional control and supervision structures.
Section 2 vests the authority and responsibility for the Ministry’s powers and functions in the Minister of Health.
The Minister is assisted by Deputy Ministers appointed by the President.
The Minister determines and assigns Deputy Ministers’ functional areas of responsibility when more than one Deputy Minister exists, covering substantive functions and operations.
Section 2 prohibits having a Deputy Minister for Administration; administrative responsibilities assigned to a Deputy Minister are in addition to substantive responsibilities.
The Ministry is composed of the Ministry proper, staff and line bureaus, special projects, medical centers and special hospitals, and regional offices and their component units.

Created and abolished health units

Section 3 creates the Health Education and Manpower Development Service.
Section 3 provides that the new Service assumes the functions of (1) the Office of Health Education and Personnel Training and (2) the Medical Manpower Development Committee.
Section 3 abolishes the Office of Health Education and Personnel Training and abolishes the Medical Manpower Development Committee.
Section 3 assigns the new Service responsibility for staff support in implementing the Rural Health Practice Program.
Section 3 directs absorption of applicable functions, appropriations, records, equipment, property, and such personnel as may be necessary of the abolished units.
Section 4 creates the Bureau of Food and Drugs.
Section 4 abolishes the Food and Drug Administration and transfers its functions to the Bureau.
Section 4 provides that Bureau functions exclude the previous functions of the Narcotic Drugs Division of the former Food and Drug Administration, because these have already been assumed by the Dangerous Drugs Board under Batas Pambansa Blg. 179.
Section 5 provides that the Bureau of Quarantine continues performing its present functions, including supervision over rat-proof zones in designated international ports and airports, and over medical examination of aliens for immigration purposes.

Food, drug, and health-advertising enforcement rules

Section 4 authorizes the Bureau of Food and Drugs to prescribe general standards and guidelines regarding the veracity of nutritional and medicinal claims in advertisements of food, drugs, and cosmetics across the various media.
Section 4 requires the Bureau to monitor such advertisements.
Section 4 authorizes the Bureau to call upon any erring manufacturer, distributor, or advertiser to desist from inaccurate or misleading nutritional or medicinal claims in advertising.
Section 4 provides that when a manufacturer, distributor, or advertiser refuses or fails to obey a desistance order, the person becomes subject to the applicable penalties as prescribed by law and regulations.

Organizational units and renamed medical services

Section 7 enumerates the Ministry proper units, including:
- (1) Office of the Ministe (as enumerated),
- (2) Planning Service,
- (3) Financial and Management Service,
- (4) Administrative Service,
- (5) Disease Intelligence Center, which is renamed as the Health Intelligence Service,
- (6) Health Education and Manpower Development Service.
Section 8 lists staff bureaus and special projects over which the Minister exercises supervision and control, including:
- (2) Bureau of Foods and Drugs (listed), and several other bureaus and services.
Section 8 renames the Dermatology Research and Training Project into the Dermatology Research and Training Service.
Section 8 renames the National Family Planning Office into the Family Planning Service.
Section 8 renames additional entities into named services, including:
- Malaria Eradication Service,
- National Cancer Control Center into the Cancer Control Center,
- National Nutrition Service into the Nutrition Service,
- Radiation Health Office into the Radiological Health Service,
- and Schistosomiasis Control and Research Service.
Section 9 makes the Bureau of Quarantine the line bureau under the Minister’s supervision and control.
Section 10 renames and places medical centers and hospitals under the Minister’s supervision and control, including:
- Jose R. Reyes Memorial Hospital into Jose R. Reyes Memorial Medical Center.
Section 10 directs that medical centers and regional hospitals not listed in the Section and located outside Metro Manila are supervised and controlled by the appropriate Regional Health Office.
Section 11 gives the Minister administrative supervision over:
- Dangerous Drugs Board,
- Philippine Medical Care Commission,
- Schistosomiasis Control Council.
Section 12 attaches the Tondo General Hospital and Medical Center (renamed as Tondo Medical Center) to the Ministry for policy and program coordination.

Field operations: regions, provinces, cities

Section 13(1) directs that the Ministry shall have ministry-wide Regional Health Offices as necessary, under the Minister’s supervision and control, in accordance with the Integrated Reorganization Plan as amended.
Section 13(1) states that each Regional Health Office is headed by a Regional Director assisted by an Assistant Regional Director.
Section 13(1) requires Regional Health Offices to handle field operations in the region and provide effective health and medical services using the Primary Health Care approach with responsive services to prioritized community needs and community participation.
Section 13(1) requires Regional Health Offices to supervise and control the Regional Hospital, medical centers in the region, and provincial health offices.
Section 13(2) provides that the Regional Hospital is headed by a Chief of Regional Hospital under the Regional Director’s supervision and control.
Section 13(2) transfers the Regional Laboratory (formerly directly under the Regional Health Office) to become part of either the Regional Hospital or Medical Center whichever is nearer in location, including applicable appropriations, records, equipment, property, and personnel.
Section 13(2) transfers the Regional Mental Hospital (formerly directly under the Regional Health Office) to become part of the Regional Hospital, including applicable appropriations, records, equipment, property, and personnel.
Section 13(3) requires integrating the line functions of Family Planning Service, Malaria Eradication Service, Nutrition Service, and Schistosomiasis Control and Research Service into the appropriate Regional Health Office, including applicable appropriations, records, equipment, property, and personnel.
Section 14(1) merges the Provincial Health Office and the Provincial Hospital to constitute a new integrated Provincial Health Office.
Section 14(1) requires the integrated Provincial Health Office to fully integrate promotive, preventive, curative, and rehabilitative health care delivery within the province as provided by the National Government.
Section 14(1) requires absorption of applicable functions, appropriations, records, equipment, and property of the merged units.
Section 14(1) merges the positions of Provincial Health Officer and Chief of the Provincial Hospital into one position; staff becomes a combination of qualified personnel of the merged offices.
Section 14(1) denies any prior right to appointment or assignment as head of the new integrated Provincial Health Office to either the incumbent provincial health officer or the incumbent head of the provincial hospital.
Section 14(1) places Provincial Health Offices under the supervision and control of the Regional Director.
Section 14(1) provides that provincial health offices supervise and control district hospitals and other field health units except those placed directly under the Office of the Minister under Section 10, and except regional hospitals and medical centers under Section 13(1).
Section 14(1) provides appointment authority for provincial health officers and assistant provincial health officers is vested in the Minister of Health, with assignments to particular provinces made only upon consultation with the governor concerned.
Section 14(1) provides that their compensation is paid out of national funds.
Section 14(2) provides that emergency hospitals are henceforth known as district hospitals and exercise supervision and control over all field health units in their areas as the first step in implementing the integrated concept of health and medical services in the province.
Section 14(2) provides that rural health units and specialized field health units serve as outpatient services of the district hospitals in their areas, in addition to their present functions.
Section 14(2) provides that barangay health stations are considered extensions of rural health units.
Section 14(2) provides that all personnel of field health units permanently assigned in their catchment areas are eventually absorbed by district hospitals.
Section 14(3) requires integrating, for field operations, the functions of the Family Planning Service, Malaria Eradication Service, Nutrition Service, and Schistosomiasis Control and Research Service into the Provincial Health Office within two years after approval of the reorganization of the Ministry, including applicable appropriations, records, equipment, property, and personnel.
Section 15 requires appointment of city health officers and assistant city health officers by the Minister of Health, with assignments to particular cities made only upon consultation with the city mayor concerned; compensation is paid out of national funds.
Section 16 provides that Ministry provision of health and medical services does not prejudice any provincial or city government’s right to establish its own health and medical services, provided the Ministry provides necessary technical supervision.
Section 17 authorizes delegation by the Minister of substantive and administrative powers to heads of Regional Health Offices, and delegation to heads of Provincial Health Offices and other subordinate units of Regional Health Offices as required for efficient and effective health service administration.

Transition measures and staffing/operations rules

Section 6 permits staff bureaus and special projects enumerated under Section 8 to directly exercise line functions in the National Capital Region through the Minister, provided written delegation is obtained from the Minister, and the arrangement is permissible only for as long as the Regional Office of the Ministry for the National Capital Region has not been established.
Section 18 authorizes the Minister to phase out nursing schools operated by the Ministry within two years.
Section 19 requires appointments to supervisory positions in field health services outside the scope of the Career Executive Service (including provincial and city health officers and assistant provincial and city health officers) to be made on a general basis.
Section 19 authorizes the Minister to indicate specific assignments of appointees (including specific geographic area or specific hospital facility) and to rotate or transfer them as necessary.
Section 19 prohibits diminution of salaries resulting from rotation or transfer.

Implementation authority; layoffs; benefits; rules-making

Section 20 authorizes the Minister to issue orders, rules, and regulations necessary to implement the Executive Order.
Section 20 requires Office of Budget and Management approval relative to the new staffing pattern, including appropriate salary rates, organizational structure at divisional and lower levels, and realignment of existing appropriations.
Section 20 authorizes appointment of qualified personnel to appropriate positions in the reorganized Ministry.
Section 20 provides that personnel not so appointed are deemed laid off.
Section 21 provides that those laid off are entitled to all benefits and gratuities provided under existing laws.

Repeal, separability, and effect

Section 22 repeals or modifies inconsistent laws, decrees, orders, proclamations, rules, regulations, or parts thereof.
Section 23 provides separability: any portion declared unconstitutional does not nullify the other provisions, provided the remaining portions can stand and be given effect to accomplish the objectives of the Executive Order.