Applicable Laws and Policies

According to Republic Act No. 11223 or the Universal Health Care Act, the State shall protect and promote the right to health of all Filipinos and aims to ensure that all Filipinos have equal access to quality and affordable health care goods and services, and are protected against health-related financial risks. Coverage of health services includes access to preventive, promotive, curative, rehabilitative, and palliative care for medical, dental, and mental health services. The national government through the Department of Health shall finance population-based health services which shall be provided free of charge for all Filipinos. Individual-based health services on the other hand shall be financed through social health insurance, private health insurance, and HMOs. This act also states that All Filipinos are automatically included in the National Health Insurance Program or PhilHealth and are granted immediate eligibility for the health benefit package. 

Administrative Order No. 2020-0024 entitled Primary Care Policy Framework and Sectoral Strategies by the Department of Health provides the framework, directions and strategies in the development and implementation of policies, plans and programs to strengthen primary care to delineate roles and responsibilities of different offices/bureaus in the DOH, attached agencies, local government units (LGUs), the private sector, and other stakeholders for a collective effort to ensure efficient and quality primary care.

Administrative Order No. 2022-0038 entitled Health Sector Strategy for 2023-2028 by the Department of Health outlines the country’s health sector vision, mission, and strategic thrusts needed to accelerate the attainment of Universal Health Care (UHC) and to further build the resilience of the health system against future pandemics and health emergencies. It highlights the essence of addressing health determinants through healthy public policies and settings, in order to bring about high-impact improvements on health outcomes. Moreover, the framework aims to shift the priorities and mindsets of the health sector to address the prevailing gaps in the delivery of health service, information systems, medicines and equipment, human resources for health, financing, regulation, and governance. 

Department Circular No. 2022-0653 entitled Dissemination of the Integrated Disease Prevention and Control through Primary Care Strategic Plan and Monitoring & Evaluation Framework by the Department of Health, as anchored on the primary health care approach, consists of strategies and activities aimed to systematize and align the prevention and control of disease through attaining accessible, comprehensive primary care for every life stage, towards the experience of Filipinos having a responsive primary health care system through their province and city-wide health systems by 2028. 

Joint Administrative Order No. 2023-0001 entitled National Policy Framework on the Promotion of Healthy Workplace by the Department of Health, Department of Labor and Employment, and Civil Service Commission ensures health, wellness, and safety in the workplace, through recognition of promotion strategies and interventions. It provides a framework for promotion, establishment, and strengthening of healthy workplaces for the implementation of the Universal Health Care Act. Priority areas include diet and physical activity, immunization, substance use, mental health, and sexual and reproductive health. 

Administrative Order No. 2020-0034 entitled Revised Guidelines on the Implementation of Continuous Quality Improvement (CQI) Program in Health Facilities in Support of Quality Access for Universal Health Care by the Department of Health states the revised guidelines for the establishment and/or implementation of the Continuous Quality Improvement (CQI) Program in all health facilities. CQI shall be planned and identified as a priority of all health facilities along with the identified priorities of Universal Health Care of access, coverage and financial protection. All health facilities shall implement a CQI Program at all levels of care. CQI shall be sustained by following a number of steps and principles applied namely transparency, people centeredness, measurement, generation of information and investing in the workforce, all underpinned by leadership and supportive culture. A Quality Improvement (QI) Team/Unit shall be organized and shall serve as an advisory body to the head of the health facility. 

Administrative Order (A.O.) No. 2020-0047 entitled Rules and Regulations Governing the Licensure of Primary Care Facilities in the Philippines by the Department of Health states that primary care facilities are to be regulated by the Department of Health and comply with the licensing standards and requirements stated within this order to fulfill the Universal Health Care goals in ensuring that only safe and quality primary care services are being delivered to every Filipino. This order set the guidelines and the minimum standards and requirements for licensing primary care facilities which shall apply to both government and private-owned primary care facilities. 

Administrative Order No. 402 entitled Establishment of a Medical Check-up Program for Government Personnel by the Office of the President orders the establishment of an annual medical check-up program for government officials and employees. Medical exams that shall be included are physical examination, chest X-ray, complete blood count, urinalysis and stool examination. Additionally ECG shall also be done for those who are 40 years old and above. 

The annual medical check-up program shall be granted to permanent and temporary personnel of national government agencies who have been in service for at least 1 year. GOCCs and LGUs who do not offer a free medical check-up are also encouraged to establish a similar program for their employees and personnel. The national government shall provide the funds to cover the cost of the annual medical check-up of officials and employees of the NGA, while cost for the annual medical check-up for the personnel in GOCCs shall be chargeable against the funds of the respective GOCC, and LGUs shall utilize local funds.

Memorandum Circular No. 33, Series of 1997 entitled  Policy On Working Conditions At the Workplace by the Civil Service Commission adopts the policy that all government offices shall provide health programs for government employees including hospitalization services and annual mental and medical-physical examinations. 

Department Order No. 2011-0255 entitled Guidelines for the Medical, Dental and Hospitalization Benefit of the Department of Health Employees by the Department of Health provides the necessary guidelines to support a comprehensive medical, dental, hospitalization and rehabilitation benefit package for all DOH employees, specifically on the implementation and availment of all mandated medical, dental, and hospitalization as specified in RA 7305, the Civil Service Resolution on Working Conditions at the Workplace, and other pertinent laws and issuances.

It also states that DOH employees are entitled to medical and dental care, as well as treatment and hospitalization in all DOH hospitals which shall be made available at all times. Additionally, offices under the DOH is to allot funds in the amount of ten thousand pesos PHP 10,000.00 for the annual medical examination of each employee and a maximum aggregate amount of fifty thousand pesos (PHP 50,000.00) for dental services, out-patient and in-patient care, rehabilitative care and maintenance medications for the employees annually.

Memorandum Circular No. 38 Series of 1992 entitled Physical and Mental Fitness Program for Government Personnel by the Civil Service Commission encourages all government personnel to participate in the Physical and Mental Fitness Program to help them maintain their physical and mental health. The program includes physical and mental fitness testing, training, and education.

It authorized one (1) hour each week for the conduct of health awareness programs and twenty minutes (20) daily for the conduct of the fitness programs. To achieve long-term health of government employees, government agencies are encouraged to conduct physical and fitness activities.

Memorandum Circular No. 6, s. 1995 entitled Reiteration of the Physical Fitness Program "Great Filipino Workout" by the Civil Service Commission requires all government agencies to adopt "The Great Filipino Workout" as an integral part of the National Physical Fitness and Sports Development Program for government personnel. The CSC reiterates the implementation of the program in order to develop a healthy and alert workforce particularly the allotment of a reasonable time for regular physical fitness exercise and inclusion of physical fitness exercises in seminars, training programs, and similar occasions and the adoption of plans for a continuing physical fitness and sports activity. 

The National Health Insurance Program was further discussed in RA 11223; however, the National Health Insurance Act of 1995 has already given way for the national health insurance that has allowed Filipinos to enjoy healthcare at an affordable cost. Republic Act No. 7875 entitled National Health Insurance Act of 1995 is an act instituting the national health insurance program for all Filipinos and states that adoption of an integrated and comprehensive approach to health development which shall make health services available to all Filipinos at affordable cost in pursuit of a National Health Insurance Program. This act provides all Filipinos with the mechanism to gain financial access to healthcare services by prioritizing and accelerating the provision of healthcare services, especially to populations who cannot afford such services through the National Health Insurance Program which shall provide health insurance coverage for all Filipinos. 

Aside from the health insurance program, PhilHealth Insurance Corporation together with the Department of Health has also released further guidelines regarding the registration of Filipinos to the Primary Care Provider of their choice. Joint Administrative Order No. 2020-0001 entitled Guidelines on the Registration of Filipinos to a Primary Care Provider by the Department of Health and PhilHealth Insurance Corporation provides the general guidelines on the registration for Filipinos to a primary care provider, as stated in the UHC Act Implementing Rules and Regulations which states that every Filipino shall register with a public or private primary care provider of their choice.

This order provides the guidelines and process to ensure that all Filipinos are eligible to register to a PCP of their choice. DOH and PhilHealth shall develop operational guidelines and tools on how to organize the health system and health providers to accommodate and enable client choice in selecting PCP’s, to consider proximity, ease of travel and the maximum catchment population of the primary care facility.

In addition to the Universal Healthcare Act, occupational safety and health in the workplace has also protected the Filipino workforce against sickness and injury by ensuring the provision of healthy working conditions. Republic Act No. 11058 entitled Occupational Safety and Health (OSH) Law mandates the government to ensure a safe and healthy workforce by protecting every worker against injury, sickness or death through safe and healthy working conditions.

Specifically, it includes the duties of employers to comply with OSH standards that includes medical examination, among others, and that covered workplaces shall have qualified occupational health personnel complemented with the required medical supplies, equipment and facilities. Covered workplaces refer to establishments, projects, sites, and all other places where work is being undertaken wherein the number of employees, nature of operations, and risk or hazard involved in the business require compliance with the provisions of this act.

In the public sector, there are also occupational safety and health guidelines in the workplace. Joint Memorandum Circular No. 1 series of 2020, Occupational Safety and Health (OSH) Standards for the Public Sector by the Civil Service Commission, Department of Health, and Department of Labor and Employment protects all government employees from the dangers of injury, sickness or death in the workplace through the adoption of safe and healthy working conditions to ensure the preservation of human lives and resources and prevent loss/damage of properties. This shall also guide the government agencies in the development, implementation, monitoring and evaluation of Occupational Safety and Health for government employees. 

Republic Act 7277 entitled Magna Carta for Disabled Persons grants the rights and privileges for disabled persons such that disabled persons have the same rights as other people and must be able to live freely and independently as possible. They shall also be given full support for the improvement of the total well-being of the disabled person and their integration into society by providing rehabilitation in order to foster their capacity to a more meaningful life. 

This act also states that disabled persons shall not be denied access to opportunities for employment, and shall be given the same terms and compensation for employment including privileges, incentives, and benefits. Specifically, it states that five percent (5%) of all casual and contractual positions in government agencies shall be reserved for disabled persons. 

National and local governments are also to allocate funds for the provision of facilities and structural features as stated in Batas Pambansa Bilang 344 or the Accessibility Law for disabled persons in government buildings and facilities. 

Specifically for those with mental disabilities, national laws and several institutional policies have been created to promote mental health wellness in the workplace, as well as support individuals who are suffering from mental health illnesses. Republic Act 11036 entitled The Mental Health Act affirms the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services. It is an act establishing a national mental health policy to enhance the delivery of integrated mental health services. Mental health promotion and policies in the workplace was also specified wherein employers are to develop appropriate policies and programs on mental health in the workplace. 

Memorandum Circular No. 04, s. 2020 entitled Mental Health Program in the Public Sector by the Civil Service Commission promotes overall mental wellness and provides an inclusive, conducive and supportive work environment for all public servants to ensure a healthy and productive workforce. It provides guidelines and standards on appropriate and evidenced-based mental health programs for the public sector as stated in the Mental Health Act to develop policies that promote mental health in the workplace. It states that government agencies shall establish mental health programs.

Department Order No. 2022-0578 entitled Guidelines on the Implementation of the Mental Health Program for the Workplace in the Department of Health by the Department of Health provides the guidelines on the implementation of a Mental Health Program (MHP) for the Workplace in the DOH. It specifically focuses to establish a comprehensive, integrated, effective, and efficient MHP responsive to psychiatric, neurologic, and psychosocial health needs of DOH employees; integrate mental health care in the basic health services for DOH employees, as well as in the human resource systems and processes; promote health and well-being in the DOH by integrating evidence-based strategies for each employee, team leader and office, and the whole DOH; and protect the rights of DOH employees with psychiatric, neurologic, and psychosocial health needs.

Specifically, it states that institutional networks and referral systems shall be established to provide support mechanisms to employees who have and are at risk for mental health conditions, access to readily available mental health services shall be provided to all employees. Mental health programs in the workplace includes mental health celebrations as per Proclamation No. 452 series of 1994 entitled “Declaring the second week of October of every year as National Mental Health Week”, mental health promotion activities and programs, mental health interventions, and monitoring and evaluation of the mental health program in the workplace.

Republic Act 10028 entitled Expanded Breastfeeding Promotion Act of 2009 expanded the promotion of breastfeeding, amending for the purpose RA 7600, otherwise known as an act providing incentives to all government and private health institutions with rooming-in and breastfeeding practices and for other purposes. It adopts the rooming-in as a national policy to encourage, protect, and support the practice of breastfeeding and creates an environment where basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding. 

It also states that working women shall be protected by providing safe and healthy working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. As such, the establishment of lactation stations is mandated in all health and non-health facilities, establishments, and institutions and shall be adequately provided with the necessary equipment and facilities, such as: lavatory for hand-washing, refrigeration or appropriate cooling facilities for storing expressed breastmilk, electrical outlets for breast pumps, a small table, comfortable seats, and other standard items as determined by the Department of Health. 

Republic Act 11210 entitled 105-Day Expanded Maternity Leave Law states that any pregnant female worker in government service regardless of employment status shall be granted one hundred five (104) days with full pay of maternity leave regardless if the delivery was normal or cesarean; and in the case of solo parents, the employee shall be paid an additional maternity benefit of fifteen (15) days. An additional maternity leave of thirty (30) days without pay may be availed provided that the head of the agency is given at least forty-five (45) days of due notice before the end of maternity leave.