Office of the s ChEF TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P5:56 SENATE RECEIVED BY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT INSTITUTIONALIZING THE PHILIPPINE BLOOD CENTER AND REGIONAL BLOOD CENTERS AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The right to health is enshrined in our Constitution, mandating the State to protect and promote the health of its citizens. In alignment with this, Republic Act No. 7719, known as the "National Blood Services Act of 1994," was enacted to ensure a safe and adequate supply of blood through voluntary, non-remunerated blood donation. Pursuant to RA 7719, the Department of Health (DOH) issued Administrative Order No. 2005-0002, establishing the Philippine Blood Center (PBC) as the national blood service facility. The PBC was envisioned to oversee the collection, testing, processing, storage, and distribution of blood and blood components across the country. However, despite its critical role, the PBC operates without a legal charter, relying solely on the National Voluntary Blood Services Program (NVBSP) budget. This lack of institutionalization hampers its capacity to fully execute its mandate and respond effectively to the nation's blood supply needs, especially during emergencies and surges in demand.
This bill seeks to institutionalize the Philippine Blood Center, providing it with a legal framework to function as the central hub for blood services in the country. Furthermore, the bill empowers regional DOH offices to establish and manage their own Regional Blood Centers, as envisioned in RA 7719. These centers will operate under the guidance and supervision of the PBC, ensuring a decentralized yet coordinated approach to blood services. The institutionalization of the PBC and the establishment of Regional Blood Centers are crucial steps toward achieving a resilient and responsive blood service system. By providing a legal foundation and appropriate funding, this legislation aims to safeguard public health and uphold the constitutional right to health for all Filipinos. A similar version of this measure was filed by Sen. Loren Legarda and Sen. Maria Lourdes Nancy S. Binay as co-author, during the Nineteenth Congress. Hence, the immediate passage of this bill is earnestly sought. JINGGOY EJERCITO ESTRADA
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session AUG -4 P5:56 SENATE RECEIVED 3Y S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT INSTITUTIONALIZING THE PHILIPPINE BLOOD CENTER AND REGIONAL BLOOD CENTERS AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the " Philippine Blood Center
2 Act".
Sec. 2. Declaration of Policy. - It is the policy of the State to protect and
4 promote the right to health of the people and instill health consciousness among them. 5 Towards this end, the State shall establish a Philippine Blood Center which will become the national and central hub of blood services in the country, overseeing the collection, testing, processing, storage, and distribution of blood and blood components.
Sec. 3. The Philippine Blood Center. - There shall be established a Philippine
Blood Center under the direct control and supervision of the Department of Health 10 (DOH). The Philippine Blood Center shall be the national blood center of the Philippines.
Sec. 4. Purposes and Objectives. - The Philippine Blood Center, as the premier
blood service facility of the Philippines, will have the capability to: (a) Centrally recruit, motivate, and screen blood donors; (b) Centrally collect, test for transfusion-transmissible infections, process, store, issue, and transport blood and blood components for transfusion; (c) Perform special immunohematology tests;
(d) Provide information, educate, and counsel on transfusion-transmissible infections; (e) Create a database for blood donors in accordance with Republic Act No. 10173 or the Data Privacy Act of 2012; (f) Conduct quality assurance and surveillance; (g) Establish a national hemovigilance system; (h) Conduct training and research in blood banking and related technologies and fields as basis for national policy-making; (i) Capacitate regional blood centers; (i) Administer to the resource stratification for national blood services in collaboration with regional blood centers; and (k) Other functions assigned by the DOH.
Sec. 5. Regional Blood Centers. - All regions of the Philippines shall have
regional blood centers which shall be under the direct control and supervision of the Philippine Blood Center. The regional blood centers shall be the local region hub for regional blood services.
Sec. 6. Non-profit Operations. - The Philippine Blood Center and the Regional
Blood Centers shall operate on a non-profit basis: Provided, That it may collect blood service fees not greater than the maximum prescribed by the DOH which shall be limited to the necessary expenses entailed in collecting, processing and testing of blood. Blood shall be collected from healthy voluntary donors only.
Sec. 7. Organizational Structure and Staffing Pattern. - The DOH will craft
staffing standards and create new positions as necessary to ensure the appropriate human resources for the operation of the Philippine Blood Center and Regional Blood Centers subject to the approval of the Civil Service Commission and the Department of Budget and Management.
Sec. 8. Directors. - The Philippine Blood Center and the Regional Blood Centers
shall be led by a Director appointed by the President of the Philippines, upon recommendation by the Secretary of Health.
Sec. 9. Program for Indigents. - The DOH shall ensure that the Philippine Blood
Center shall adopt and enforce a program for indigents needing blood and blood
1 components in accordance to the implementing guidelines on the classification of patients and on availing of the Medical Social Services in Government Hospitals.
Sec. 10. Tax Exemptions and other Privileges. - The provision of any general
4 or special law to the contrary notwithstanding, all donations, grants, contributions, 5 gifts or endowments received by the Philippine Blood Center and the Regional Blood 6 Centers pursuant hereto, shall be exempt from income, gift and all other kinds of 7 taxes, and shall be further considered as allowable deductions from the gross income 8 of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.
Sec. 11. Establishment of a Trust Fund. - A trust fund shall be established out
of the retained income from collected blood service fees. The trust fund shall be used for the operations of the Philippine Blood Center and the Regional Blood Centers.
Sec. 12. Annual Report. - The Philippine Blood Center shall submit an annual
report to the President of the Philippines, the Department of Health, the Senate Committee on Health and Demography and the House Committee on Health, on its activities, accomplishments and recommendations to better address and improve the safe supply of blood in the Philippines.
Sec. 13. Implementing Rules and Regulations. - The Department of Health in
coordination with the Department of Budget and Management, shall promulgate such rules and regulations necessary for the implementation of this Act within sixty (60) days from its effectivity.
Sec. 14. Appropriations. - The amount needed for the initial implementation of
this Act, including maintenance and other operating expenses of the Philippine Blood Center shall be charged against the current year's appropriations of the DOH. For the succeeding years, the amount allocated for the Philippine Blood Center in the DOH budget shall be based on its strategic plan, in coordination with other stakeholders.
Sec. 15. Separability Clause. - If any portion or provision of the Act is declared
void or unconstitutional, the remaining portions or provisions hereof shall not be 29 affected by such declaration.
Sec. 16. Repealing Clause. - All laws, acts, executive orders, administrative
orders, rules and regulations inconsistent herewith, are hereby repealed, amended or modified accordingly.
Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its
2 complete publication in the Official Gazette or in a newspaper of general circulation. Approved,