RELATED STUDIES v1

Regardless of age, race, background, or why they started using drugs in the first place, people
from all walks of life can have problems with their drug usage. Some people use recreational
drugs out of curiosity, to have a good time, because their friends take it, or to alleviate tension,
worry, or sadness. But as what we have seen in the modern society, people do criminalize or
incriminate people who are using these illegal drugs which has also been stated in some
conspicuous laws from our state itself. So the argument that we are necessarily going to present
here your honor is that drug use should be treated as a mental issue rather than a criminal
offense.
Many people who acquire substance use disorders (SUD)/Drug addiction also have
mental health issues, and vice versa. According to NIDA (2021), the prevalence of comorbid
substance use disorders and anxiety disorders (Psychiatric comorbidity), such as generalized
anxiety disorder, panic disorder, and post-traumatic stress disorder, is high, according to the
data and mental illnesses including depression and bipolar disorder frequently co-occur on
people who are using illegal substances.
There's no denying that there's a link between substance abuse and mental disease.
According to the National Bureau of Economic Research, people who have been diagnosed
with a mental disorder at some point in their lives consume 69 percent of the nation's alcohol
and 84 percent of the nation's cocaine.
Depression is a mental disorder that usually coexists with drug and alcohol abuse. The
two disorders have a bidirectional association, indicating that persons who abuse substances
are more prone to develop depression, and vice versa. Depressed people may drink or abuse
drugs in order to lift their spirits or escape feelings of shame or despair. However, depressants
like alcohol can exacerbate feelings of melancholy and exhaustion. People may suffer
depression when the effects of drugs wear off or as they attempt to cope with the impacts of
their addiction on their lives.
Approximately one-third of persons with a substance use disorder are also depressed.
According to Smith (2020), around 16.5 percent of people with recurrent major depression have
an alcohol use disorder, and 18 percent have a substance use disorder. It might be difficult to
diagnose depression when a person is actively taking drugs since drug use symptoms can
mimic depressive symptoms. Depression manifests itself in a variety of ways depending on the
person who is suffering from it. Others may appear impatient or angry, while others may show
more obvious indicators such as weariness and low mood. Lack of interest in activities, changes
in sleep patterns, changes in eating, feelings of guilt or despair, lack of energy, difficulty
focusing, and suicidal thoughts are all indicators of depression.
Drug addicts are roughly twice as likely as the general population to suffer from mood
and anxiety disorders, and the opposite is also true. According to NIDA (2020), in 2015, an
estimated 43.4 million adults aged 18 and up (17.9%) suffered from some form of mental illness
(other than a developmental or substance use disorder). 8.1 million of them had a substance
use disorder as well as another mental illness. Although substance use disorders frequently
coexist with other mental illnesses, it's often unclear whether one contributed to the
development of the other or if common underlying risk factors play a role in both.
There is also this so-called “co-occurring disorder” in which according to Robinson et.al
(2021), a condition that will happen when you have an occurring substance addiction problem
as well as a mental health problem including depression, bipolar disorder, and anxiety. They
each have their own set of symptoms that can make it difficult to function at work or school, to
have a stable home life, deal with life's challenges, and relate to others.
Many people are unaware that co-occurring disorder and mental health difficulties are
more common than they think. According to studies published in the Journal of the American
Medical Association, substance abuse affects nearly half of those with serious mental illnesses.
At least one significant mental disease is present in 37 percent of alcoholics and 53 percent of
drug addicts. A total of 29% of those labeled as mentally unwell abuse alcohol or drugs.
According to Robinson et.al (2021), Alcohol and drugs are often used to self-heal or
medicate the symptoms of health problems. People frequently abuse alcohol or drugs to
alleviate the symptoms of an undiagnosed mental illness, cope with difficult emotions, or change
their mood temporarily. Self-medicating with drugs or alcohol, unfortunately, has negative side
effects and, in the long run, often worsens the symptoms it was intended to alleviate.
Mental illness and drug abuse are directly or indirectly related to the negative impact on
users. According to Lesser (2021), Reports in the published journal of National Bureau of
Economic Research (NEBR) pointed out that people with mental disorders are more likely to
abuse drugs and alcohol, including: 40% of cigarettes, 44% of cocaine, and 38% of retail
alcohol on the market. According also to the same organization, medically diagnosed patients
with mental disorders consume alcohol and other drugs through addiction in certain daily
situations, the proportions are as follows: 68% of cigarettes, 69% of alcohol and 84% of
cocaine.
Prostitution and drug markets on the street are frequently intertwined, supporting and
reinforcing one another. According to the US Department of Justice, many prostitutes on the
street take illegal narcotics such as methamphetamine, cocaine, and heroin. Some prostitutes
develop drug addictions before they turn to prostitution, while others develop drug addictions as
part of their street prostitution lifestyle. Regardless of the order in which they occur, once one
begins sex work or substance abuse, the other becomes more likely and difficult to abandon.
Peer pressure can influence a teen's decision on a variety of issues. According to new
research, youth consider both the dangers and rewards of their activities and behaviors when
making decisions—but, unlike adults, teens are more inclined to overlook the risk in favor of the
reward. Teens traveling with their friends in the car were more inclined to take risks—like racing
past yellow lights—if they knew two or more of their friends were watching, according to a study
done by NIDA (2012). In the same study, teenagers were shown to be substantially more prone
than adults to behave in this manner.

Aide Memoire issued on 09 September 2016

Background / Rationale behind the Philippine strong campaign against illegal
drugs
 
 President Rodrigo R. Duterte was elected into office by a large number of Filipino
people on a platform of urgently addressing criminality and peace and order.
  Responding to the following issues has become the priorities of his
administration since it took office on 30 June 2016:
1. criminality in the streets and the prevalent, almost pandemic situation of use and
sale of illegal drugs in all strata of Philippine society;
2. persistent corruption, both in the high and low echelons in government; and
3. Lingering poverty and feeling of inequality by many Filipinos.
 In his State of the Nation Address on 30 June 2016, President Duterte said:
“There can never be real, tangible and felt development without making our people feel
secure and it is our duty to uplift the people’s welfare.
With this, my administration shall be sensitive to the State’s obligations to promote, and
protect, fulfill the human rights of our citizens, especially the poor, the marginalized and
the vulnerable and social justice will be pursued, even as the rule of law shall at all
times prevail.
My administration shall implement a human approach to development and governance,
as we improve our people’s welfare in the areas of health, education, adequate food
and housing, environmental preservation, and respect for culture.”
 With the President’s sheer political will, he brings to the awareness of the public
the almost pandemic magnitude of the current illegal drug problem in the
Philippines which has destroyed – and continues to destroy – the lives of millions
of Filipinos. 
 Almost 4 million Filipinos are drug users nationwide; 27% of the barangays
(villages) nationwide or 11,321 out of the country’s 42,065 barangays (villages)
and 94 % or 11,611 barangays (villages) in Metro Manila [1], the country’s capital,
are drug-afflicted.
 The illegal drug problem is strongly co-related to criminality in the country, and
has an impact on the development and protection of Filipinos, especially the
youth.  Heinous crimes that include rape with homicide, murder, kidnapping,
armed assault, robbery and so on have been perpetuated by people and groups
under the influence of illegal drugs, and have posed serious threats to the
country’s peace, order, security, and development.
 Philippines’ young population is an asset of the Philippines and that for a country
leveraging its growth prospects on its young population and youthful workforce,
the drug infestation of Filipino communities is a very serious problem.
 The relentless campaign against illegal drugs is being waged by the Philippines
in the context of this mandate, and with a view to protect Filipino communities
from the scourge of drugs and to restore peace and order.
 His current 91% approval rating signifies the Filipino people’s support for
leadership in the country’s campaign against illegal drugs.

Philippines’ unwavering commitment to human rights, the rule of law and due
process
 The Philippine Government remains steadfast in its commitment to the rule of
law, due process, and the protection of human rights of all. 
 Being a state party to eight (8) out of nine (9) core international human rights
conventions, the Philippines’ utmost respect on human rights is resolute and
uncompromising.  The Philippines has been a partner of the UN in its efforts to
 promote human rights in the promotion of key human rights issues such as
women and children’s rights, rights of indigenous peoples, rights of migrant
workers and their families, economic, social and cultural rights, civil and political
rights, among others. 
 President Rodrigo Duterte administration’s campaign against anti-illegal drugs, a
very urgent and critical domestic matter, is being waged with firm adherence to
the human rights obligations and principles pursuant to the mandate of the
Philippine Constitution and to the country’s obligations under the international
human rights treaties and covenants to which it is a state party.
 President Duterte has time and again declared his avowed commitment to
pursue this campaign against illegal drugs in accordance with the rule of law,
implementation of due process, and respect for human rights. 
 
Philippine campaign against illegal drugs is not discriminatory
 
 Over the past few weeks, the fight against peddlers and users of illegal drugs has
been without let-up.  And it has not spared or discriminated against any of the
alleged guilty, a few of whom the President himself acknowledged as personally
known to him. 
 Through intensified intelligence information sharing, heads and coddlers of drug
syndicates have been identified by the President himself. The list included top-
ranking officials in the Philippine Government, such as police generals, elected
local and national public officials such congressmen, governors, mayors, and
others, both active in or have since retired from government service.  Many, if not
all of these personalities wield influence and power, possess arms or have armed
bodyguards, and are part of the wide network that defines the illegal drug
environment in the Philippines. President Duterte’s administration sees it as its
obligation to put a stop to its proliferation.
 Chief of the Philippine National Police (PNP), Police Director General Ronald de
la Rosa, reported that the 897 deaths, out of the 1,196 alleged in the Special
Rapporteurs’ appeal letter, resulted from 569 anti-illegal drug enforcement
operations by the police.
 Law enforcement authorities also suffered casualties. Thus far, 9 were killed and
18 were wounded among the police force and 3 were killed and 8 were wounded
among the military.
 Aside from all-out campaign against drug lords, peddlers, and users, the PNP is
also committed to running after rouge policemen who are involved in selling
illegal drugs or receiving money from illegal drug transactions.
 A total of 85 police officers have so far tested positive in both initial and
confirmatory drug tests, while three non-uniformed personnel (or civilian
government employees) tested positive for the use of illegal drugs and
substances.  A total of 111,572 uniformed personnel and civilian employees were
already subjected to mandatory drug tests.
Law enforcement officers instructed to respect human rights and observe rule of
law and due process
  Every police officer has been given instructions by no less than the President to
observe due process and not to abuse their authority while going after suspected
criminals, even at the risk of his or her life while on duty.  As public officials, they
are reminded that they are expected to abide by legal procedures and strict
operational protocols. 
 They were forewarned that the authorities would investigate violations of these
protocols and those who have broken the law will be prosecuted. A case in point
is the murder case filed against police officers that were seen on CCTV
manhandling a man already in handcuffs and who was later found dead.
 President Duterte has in fact urged civil rights organizations (NGOs and CSOs)
to report any killings, which are not in accordance with his pronouncements on
anti-illegal drugs campaign.  Also, PNP Chief Director General de la Rosa called
on Filipino people to file complaints against police officers who might have erred
and/or committed abuses in their performance of duty.
 The Philippines is among the most transparent and dynamic democratic societies
as seen in the active public discussion on the campaign agenda for illegal drugs,
as manifested in 1) the Philippine Senate hearings on the alleged extra-legal
killings just weeks after the launch of the anti-illegal drug campaign, and 2) the
active participation of the media and the civil society organizations, including the
church/religious organizations in the public discourse on the issue. The
democratic institutions ensure the check and balance and independence
between and among the executive, legislative, and judicial branches of
government.
Deaths resulting from law enforcement operations: not extrajudicial
 
 The deaths resulting from legal police operations are not extra judicial or arbitrary
executions.  This is far from the truth.  The Philippine Government denounces
and will not resort to extra judicial or arbitrary executions.
 The spike in the killings is a result of legitimate police operations against drug
peddlers and those individuals involved in bringing into the country and/or
manufacture and distribution of illegal drugs.
 As of 4 September 2016, the PNP data records a total of 14,798 arrests in anti-
illegal drugs operations while 176 persons believed to be involved in summary
executions and other forms of attacks on drug personalities were arrested.
 
“Vigilante” killings: not sanctioned
 
 There have been deaths that were committed outside police operations. These
killings are believed to be a result of criminal actions and/or a result of so called
“vigilante” killings, which the Government does not tolerate.  These killings are
now being investigated, and the so-called “vigilantes” will be made accountable
for their actions. 
Criminal syndicates internal purging: justice will be served
 
 There are likewise killings perpetrated by drug dealers or leaders of syndicates
against their own henchmen for fear that the latter will tell on their activities.  The
 Philippine Government is enraged over this turn of events and has taken
measures to identify the brains behind these criminal acts, and is committed to
put those people behind bars in accordance with due process and the rule of law.
 
Rehabilitation program support
 As of 4 September 2016, the PNP data records 685,740 drug users and peddlers
surrendered to police authorities nationwide. 
 One of the major challenges in the newly organized integrated comprehensive
drug rehabilitation program is the inadequate number of rehabilitation centers for
the large number of surrenderees and detention centers for those who were
arrested in the anti-illegal drug operations.
 The private sector in the Philippines, including the country’s top businessmen,
have expressed willingness to donate funds for the construction of more
rehabilitation centers to accommodate the growing number of Filipinos who wish
to mend their ways and turn a new leaf in their lives.
 
Meeting with the Special Rapporteur on Extrajudicial, Summary or Arbitrary
Execution
 On 17 August, in the late afternoon, the Philippine Mission to the United Nations
and Other International Organizations in Geneva received by email the letter of
the two UN Special Rapporteurs (Ms. Agnes Callamard, Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions, and Mr. DainiusPuras, Special
Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable
Standard of Physical and Mental Health).  The letter expressed concern on the
rapidly rising number of killings by the police or “hitmen” in relation to the anti-
drug campaign of President Rodrigo R. Duterte. The day after, on 18 August, the
two Special Rapporteurs issued a press release, indicating, among others, that
they are in contact with the Philippine government.
 On August 30, upon the request of the UN Special Rapporteur, Ambassador
Cecilia B. Rebong, Permanent Representative of the Philippines to the United
Nations and Other International Organizations in Geneva, met Ms. Agnes
Callamard at the Philippine Mission in Geneva.
 In that meeting, Ambassador Rebong expressed the Philippines’ strong
disappointment on the process of the issuance of the press release, which, in
effect, denied the Philippines an opportunity to respond to the joint letter appeal
and to present the situation.
 Furthermore, Ambassador Rebong affirmed the Philippine Government’s
steadfast commitment to the promotion and protection of human rights of all, the
rule of law, and the observance of due process in the country’s campaign against
illegal drugs.   She also explained that the campaign is central to the agenda of
President Rodrigo R. Duterte to restore peace and order in the country and
protect the communities, especially the Philippines’ young population from the
scourge of drugs and related crimes. 
Philippine request for global support for the campaign against illegal drugs
 
  The Philippines calls on all States and international organizations and agencies,
including the UN to support the Philippine campaign against illegal drugs.  What
the Philippines needs now is not just appreciation of the serious situation.  It
needs support in the comprehensive campaign against illegal drugs including in
the areas of law enforcement and enhanced infrastructure for the rehabilitation of
drug users.
 The Philippines needs to be firm in its resolve so Filipinos can live in a society
that is peaceful and progressive. END

Amylin mimetics are injectable drugs that stimulate the release of insulin. These medications
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don't improve with insulin injections alone. An example of this type of medication is pramlintide
(SymlinPen).

PDEA MISSION
 As the lead Agency in the enforcement of the anti-drug law, the PDEA: Suppresses the
supply of dangerous drugs; Implements Dangerous Drugs Board policies; Controls
and regulates the legitimate use of dangerous drug and controlled precursors and
essential chemicals;
 Supervises the anti-drug activities of the drug law enforcement agencies;
Coordinates the participation of all stakeholders in the anti-drug campaign.

Executive Order No. 218

STRENGTHENING THE SUPPORT MECHANISM FOR THE PHILIPPINE DRUG

ENFORCEMENT AGENCY

WHEREAS, by virtue of the Comprehensive Dangerous Drugs Act of 2002 ( Republic

Act (R.A.) No. 9165), the Philippine Drug Enforcement Agency (PDEA) was created for
the efficient and effective law enforcement of all the provisions on dangerous drugs
and/or precursors and essential chemicals as provided in R.A. No.9165;

WHEREAS, pursuant to R.A. No. 9165, the Dangerous Drugs Board (DDB) is the
policy-making and strategy-formulating body in the planning and formulation of policies
and programs on drug prevention and control.

WHEREAS, R.A. No. 9165 provides for the abolition of the drug enforcement units of
the Philippines National Police (PNP), the National Bureau of Investigation and Bureau
of Customs;

WHEREAS, the same Act also provides that the personnel of the abolished units shall
continue to perform their task as detail service with the PDEA until such time that the
PDEA is fully operational and is able to recruit a sufficient number of new personnel to
do the task themselves;
WHEREAS, the PDEA, as the lead agency tasked to enforce R.A. No.9165, is still in its
transition period and still has to develop its institutional capabilities to be able to
accomplishment its mandated task;

WHEREAS, other agencies of the Government have trained drug enforcement

personnel who can help PDEA fulfill its tasks;

WHEREAS, there is an urgent need to pursue a forceful, intensive and unrelenting

campaign against drug trafficking and the use of illegal drugs whether syndicated or
street-level.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of

the Philippines, by virtue of the powers vested in me by law, do hereby order and/or
authorize:
 

SECTION 1. Creation of Task Forces

The Office of the President, the PNP and other agencies which were performing drug
law enforcement and prevention functions prior to the enactment of R.A. No. 9165 shall
organize anti-drug task force to support the PDEA.

SECTION 2. Supervision and Support (Support with the PNP)

The PDEA shall exercise operational supervision and provide technical support to the
main task force created by the PNP. In the case of other task forces, created within the
PNP or other agencies, the President of the Philippines shall determine whether DDB or
the PDEA shall exercise operational supervision.

SECTION 3. Funding

Funds for the operation of the task forces shall be sourced from the mother agencies
creating the task force and from the gross receipts of lotto operations. For this purpose,
the Philippine Charity Sweeptakes Office is hereby ordered to create a standby fund in
the amount of One Billion Pesos (P1,000,000,000.00) to fund the operations of the
PDEA and the task forces supporting it.

SECTION 4. Repeal

Executive Order No.206 dated May 15,2003 is hereby repealed. All orders, rules,
regulations and issuances, or parts thereof, which are inconsistent with this Executive
Order are hereby repealed or modified accordingly.

SECTION 5. Effectivity

This Executive Order shall take effect immediately upon approval.

WHY REHABILITATE INSTEAD OF PRISON?
The basic idea of rehabilitation through imprisonment is that a person
who has been incarcerated will never want to be sent back to prison
after they have been set free. It is hoped that an inmate’s experiences
while locked up will leave such a lasting impression that a former
prisoner will do whatever it takes to avoid a second term.

Unfortunately, According to the study presented by the Crime Museum in

2021, research has consistently shown that time spent in prison does not
successfully rehabilitate most inmates, and the majority of criminals
return to a life of crime almost immediately. Many argue that most
prisoners will actually learn new and better ways to commit crimes while
they are locked up with their fellow convicts. They can also make
connections and become more deeply involved in the criminal world.
REPUBLIC ACT No. 11036

An Act Establishing a National Mental Health Policy for the Purpose of Enhancing the
Delivery of Integrated Mental Health Services, Promoting and Protecting the Rights of
Persons Utilizing Psychosocial Health Services, Appropriating Funds Therefor and Other
Purposes

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I

GENRAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Mental Health Act."

Section 2. Declaration of Policy. - The state affirms the basic right of all Filipinos to mental health as
well as the fundamental rights of people who require mental health services.

The state commits itself to promoting the well-being of people by ensuring that; mental health is
valued, promoted and protected; mental health conditions are treated and prevented; timely,
affordable, high quality, and culturally-appropriate mental health case is made available to the public;
mental health service are free from coercion and accountable to the service users; and persons
affected by mental health conditions are able to exercise the full range of human rights, and
participate fully in society and at work free from stigmatization and discrimination.

The State shall comply strictly with its obligations under the United Nations Declaration of Human
Rights, the Convention on the rights of Persons with Disabilities, and all other relevant international
and regional human rights conventions and declarations. The applicability of Republic act No. 7277,
as amended, otherwise known as the "Magna Carta for Disabled Persons", to person with mental
health conditions, as defined herein, is expressly recognized.

Section 3. Objectives. - The objectives of this Act are as follows:

(a) Strengthen effective leadership and governance for mental health by, among others, formulating,
developing, and implementing national policies, strategies, programs, and regulations relating to
mental health;

(b) Develop and establish a comprehensive, integrated effective and efficient national mental health
care system responsive to the psychiatric, neurologic, and psychosocial needs of the Filipino people;

(c) Protect the rights and freedoms of persons with psychiatric, neurologic, and psychosocial needs;
Filipino people;

(d) Strengthen information systems, evidence and research for mental health;

(e) Integrated mental health care in the basic health services; and

(f) Integrate strategies promoting mental health in educational institutions, the workplace, and in
communities.

Section 4. Definitions. - As used in this Act, the following terms are defined as follows:

(a) Addiction refers to a primary chronic relapsing disease of brain reward, motivation, memory, and
related circuitry. Dysfunctions in the circuitry lead to characteristic biological, psychological, social,
and spiritual manifestations. It is characterized by the inability to consistently abstain impairment and
behavioral control, craving, diminished recognition of significant problems with one's behavior and
interpersonal relationships and a dysfunctional emotional response;

(b) Carer refers to the person, who may or may not be patient's next-of-kin or relative, who maintains
a close personal; relationship and manifests concern for the welfare of the patient;

(c) Confidentiality refers to ensuring that all relevant information related to persons with psychiatric,
neirologic, and psychological health needs is kept safe from access or use by, or disclosure to,
persons or entities who are not authorizes to access, use, or possess such information;

(d) Deinstitutionalization refers to the process of transitioning service users, including persons with

mental health conditions and psychosocial disabilities, from institutional and other segregated
settings, to community-based settings that enable social participation, recovery-based approaches to
mental health, and individualized care in accordance with the service user's will and preference;

(e) Discrimination refers to any distinction, exclusion or restriction which has the purpose or effect of
nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights
and fundamental freedoms in the political, economic, social cultural, civil or any other field. It
includes all forms of discrimination, including denial of reasonable accommodation. Special measure
solely to protect the rights or secure the advancement of persons with decision-making impairment
capacity shall not be deemed to be discriminatory;

(f) Drug Rehabilitation refers to the processes of medical or psychotherapeutic treatment of

dependency on psychoactive substances such as alcohol, prescription drugs, and other dangerous
drugs pursuant to Republic Act, 9165, otherwise known as the "Comprehensive Dangerous Drugs
Act of 2002". Rehabilitation process may also be applicable to diagnosed behavioral addictions such
as gambling, internet and sexual addictions. The general intent is to enable the patient to confront
the psychological, legal, financial, social, and physical consequences. Treatment includes
medication for co-morbid psychiatric or other medical disorders, counseling by experts and sharing
of experience with other addicted individuals;

(g) Impairment or Temporary Loss of Decision-Making Capacity refers to a medically-determined

inability on the part of a service user or any other person affected by a mental health condition, to
provide informed consent. A service user has impairment or temporary loss of decision-making
capacity when the service user as assessed by a mental health professional is unable to do the
following:

(1) Understand information concerning the nature of a mental health condition;

(2) Understand the consequences of one's decisions and actions on one's life or health, or the life or
health of others;

(3) Understand information about the nature of the treatment proposed, including methodology,
direct effects, and possible side effects; and

(4) Effectively communicate consent voluntarily given by a service user to a plan for treatment or
hospitalization, or information regarding one's own condition;

(h) Informed Consent refers to consent voluntarily given by a service user to a plan for treatment,
after a full disclosure communicated in plain language by the attending mental health service
provider, of the nature, consequences, benefits, and risks of the proposed treatment, as well as
available alternatives;

(i) Legal Representatives refers to a person designated by the service user, appointed by a court of

competent jurisdiction, or authorized by this Act or any other applicable law, to act on the service
user's behalf. The legal representative may also be a person appointed in writing by the service user
to act on his or her behalf through an advance directive;

(j) Mental Health refers to a state of well-being in which the individual realizes one's own abilities and
potentials, scopes adequately with the normal stresses of life, displays resilience in the face of
extreme life events, works productively and fruitfully, and is able to make a positive contribution to
the community;

(k) Mental Health Condition refers to a neurologic or psychiatric condition characterized by the

existence of a recognizable, clinically-significant disturbance in an individual's cognition, emotional
regulation, or behavioral that reflects a genetic or acquired dysfunction in the neurological,
psychosocial, or developmental process underlying mental functioning. The determination of
neurologic and psychiatric conditions shall be based on scientifically-accepted medical nomenclature
and best available scientific and medical evidence;

(l) Mental Health Facility refers to any establishment, or any unit of an establishment, which has, as
its primary fucntion, the provision of mental health services;
(m) Mental Heath Professional refers to a medical doctor, psychologist, nurse social worker or any
other appropriately -trained and qualified person with specific skills relevant to the provision of
mental health services.

(n) Mental Health Service Provider refers to an entity or individual providing mental health services
as defines in this Act, whether public or private, including, but not limited to mental health
professionals and workers, social workers and counselors, informal community caregivers, mental
health advocates and their organizations, personal ombudsmen, and persons or entities offering
nonmedical alternative therapies;

(o) Mental Health Service refer to psychosocial psychiatric or neurologic activities and programs

along the whole range of the mental health support services including promotion, prevention,
treatment, and aftercare, which are provided by mental health facilities and mental health
professionals;

(p) Mental Health Worker refers to a trained person, volunteer or advocate engaged in mental health
promotion, providing support services under the supervision of a mental health professional;

(q) Psychiatric or Neurologic Emergency refers to a condition presenting a serious and immediate

threat to the health and well being of a service user or any other person affected by a mental health
facilities and mental health condition, or any other person affected by a metal condition, or to the
health or well-being of others, requiring immediate medical intervention;

(r) Psychosocial Problems refers to a condition that indicates the existence of dysfunctions in a

person's behavior, thoughts and feelings brought about by sudden extreme, prolonged or cumulative
stressors in the physical or social environment;

(s) Recovery-Based Approach refers to an approach to intervention and treatment centered on the

strengths of a service user and involving the active participation, as equal partners in care, of
persons with lived experiences in mental health. This requires integrating a service user's
understanding of his or her condition into any plan for treatment and recovery;

(t) Service User refers to a person with lived experience of any mental health condition including
persons who require or are undergoing psychiatric, neurologic or psychosocial care;

(u) Support refers to the spectrum of informal and formal arrangements or services of varying types
and intensities, provided by the State, private entities, or communities, aimed at assisting a service
user in the exercise of his or her legal capacity or rights, including; community services; personal
assistants and ombudsman; powers of attorney and other legal and personal planning tools; peer
support; support for self -advocacy; nonformal community caregiver networks; dialogue systems;
alternative , and manual communication; and the use of assistive devices and technology; and

(v) Supported Decision Making refers to the act of assisting a service user who is not affected by an
impairment or loss of decision-making capacity, in expressing a mental health-related preference,
intention or decision. It includes all the necessary support, safeguards and measures to ensure
protection from undue influence, coercion or abuse.

CHAPTER II

RIGHTS OF SERVICE USERS AND OTHER STAKEHOLDER

Section 5. Rights of Service Users. - Service users shall enjoy , on an equal and nondiscriminatory
basis, all rights guaranteed by the Constitution as well as those recognizes under the United Nations
Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities
and all other relevant international and regional human rights conventions and declarations,
including the right to:

(a) Freedom from social economic, and political discrimination and stigmatization, whether
committed by public or private actors;

(b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural rights
respecting individual qualities, abilities, and diversity of background , without discrimination on the
basis of physical disability, age, gender, sexual orientation, race, color, language, religion or
nationality, ethnic, or social origin;

(c) Access to evidence-based treatment of the same standard and quality, regardless of age, sex,
socioeconomic status, race, ethnicity or sexual orientation;

(d) Access to affordable essential health and social services for the purpose of achieving the highest
attainable standard of mental health;

(e) Access to metal health service at all levels of the national health care system;

(f) Access to comprehensive and coordinated treatment integrating holistic prevention, promotion,
rehabilitation, care and support, aimed at addressing mental health care needs through a
multidisciplinary, user-driven treatment and recovery plan;

(g) Access to psychosocial care and clinical treatment in the least restrictive environment and
manner;

(h) Humane treatment free from solitary confinement, torture, and other forms of cruel inhumane,
harmful or degrading treatment and invasive procedures not backed by scientific evidence;

(i) Access to aftercare and rehabilitation when possible in the community for the purpose of social
reintegration and inclusion;

(j) Access to adequate information regarding available multidisciplinary mental health services;

(k) Participate in metal health advocacy, policy planning, legislation, service provision, monitoring,
research and evaluation;

(l) Confidentiality of all information, communications, and records, in whatever form or medium
stored, regarding the service user, any aspect of the service user's mental health, or any treatment
or care received by the service user, which information, communications, and records shall not be
disclosed to third parties without the written consent of the service user concerned or the service
user's legal representative, except in the following circumstances:

(1) Disclose is required by law or pursuant to an order issued by a court of competent jurisdiction;

(2) The service user has expressed consent to the disclosure;

(3) A life-threatening emergency exists and such disclosure is necessary to prevent harm or injury to
the service user or other persons;

(4) The service user is a minor and the attending mental health professional reasonably believes that
the service user is a victim of child abuse; or

(5) Disclosure is required in condition with an administrative, civil, or criminal case against a mental
health professional ethics, to the extent necessary to completely adjudicate, settle, or resolve any
issue or controversy involved therein;

(m) Give informed consent before receiving treatment or care, including the right to withdraw such
consent. Such consent shall be recorded in the service user's clinical record;

(n) Participate in the development and formulation of the psychosocial care or clinical treatment plan
to be implemented;

(o) Designate or appoint a person of legal age to act as his or her legal representative in accordance
with this Act, except in cases of impairment or temporary loss of decision-making capacity;

(p) Send or received uncensored private communication which may include communication by letter,
telephone or electronic means, and receive visitors at reasonable times, including the service user's
legal representative and representatives from the commission on Human Rights (CHR);

(q) Legal services, through competent counsel of the service user's choice. In case the service user
cannot afford the service user cannot afford the service s of a counsel, the Public Attorney's Office,
or a lega; aid institution of the service user or representative's choice, shall assist the service user;

(r) Access to their clinical records unless, in the opinion of the attending mental health professional,
revealing such information would cause harm to the service user's health or put the safety of others
at risk. When any such clinical records are withheld, the service user or his or her legal
representative may contest such decision with the internal review board created pursuant to this Act
authorized to investigate and resolve disputes, or with the CHR;

(s) Information, within the twenty-four (24) hours of admission to a mental health facility, of the rights
enumerated in this section in a form and language understood by the service user; and

(t) By oneself or through a legal representative, to file with the appropriate agency, complaints of
improperties, abuses in mental health care, violations of rights of persona with mental health needs,
and seek to initiate appropriate investigation and action against those who authorized illegal or
unlawful involuntary treatment or confinement, and other violations.

Section 6. Rights of Family Memebrs, Carers and Legal Representatives.- Family members, carers
and duly designated or appointed legal representative of the service user shall have the right to:

(a) Receive appropriate psychosocial support from the relevant government agencies.;

(b) With the consent of the concerned service user, participate in the formulation, development and
implementation of the service user's individual treatment plan;

(c) Apply for release and transfer of the service user to an appropriate mental health facility;
(d) Participate in metal health advocacy, policy planning, legislation, service provision, monitoring,
research and evaluation.

Section 7. Rights of Mental Health Professionals. Mental health professional shall have the right to:

(a) A safe and supportive work environment;

(b) Participate in a continuous professional development program;

(c) Participate in the planning, development, and management of mental health services;

(d) Contribute to the development and regular review of standards for evaluating mental health
services provided to service users;

(e) Participate in the development of mental and health policy and service delivery guidelines;

(f) Except in emergency situations, manage and control all aspects of his or her practice, including
whether or not to accept or decline a service user for treatment; and

(g) Advocate for the rights of a service user, in cases where the service user's wishes are at odds
with those of his or her family or legal representatives.

CHAPTER III

TREATMENT AND CONSENT

Section 8. Informed Consent to Treatment. - Service users must provide informed consent in writing
prior to the implementation by mental health professionals, workers, and other service providers of
any plan or program of therapy or treatment, including physical or chemical restraint. All persons,
including physical or chemical restraint. All persons, including service users, person with disabilities,
and minors, shall be presumed to possess legal capacity for the purpose of this Act or any other
applicable law, irrespective of the nature or effects of their mental health conditions or disability.
Children shall have the right to express their views on all matters affecting themselves and have
such views given due consideration in accordance with their age and maturity.

Section 9. Advance Directive. - A service user may set out his her preference in relation to
treatment through a signed, dated, and notarized advance directive executed for the purpose. An
advance directive may be revoked by a new advance directive or by a notarized revocation.

Section 10. Legal Representative. - A service user may designate a person of lega; age to act as
his or her legal representative through a notarized document executed for that purpose.

(a) Functions. A service use's legal representative shall:

(1) Provide the service user with support and help: represent his or her interests; and receive
medical information about the service user in accordance with this Act;

(2) Act as substitute decision maker when the service user has been assessed by a mental health
professional to have temporary impairment of decision-making capacity;
(3) Assist the service user vis-a-vis the exercise of any right provided under this Act; and

(4) Be consulted with respect to any treatment or therapy received by the service user. The
appointment of a legal representative may be revoked by the appointment of a new legal
representative or by a notarized revocation.

(b) Declining an Appointment. A person thus appointed may decline to act as a service user's legal
representative. However, a person who declines to continue being a service user's legal
representative must take reasonable steps to inform the service user, as well as the service user's
attending mental health professional or worker, of such decision.

(c) Failure to Appoint. - If the service user fails to appoint a legal representative, the following
persons shall act as the service user's representative, in the order provided below:

(1) The spouse, if any, unless permanently separated from the service user by a decree issued by a
court of competent jurisdiction, or unless such spouse has abandoned or been abandoned by the
service user for any period which has not yet come to an end:

(2) Non-minor children;

(3) Either parent by mutual consent, if the service user is a minor;

(4) Chief, administrator, or medical director of a mental health care facility; or

(5) A person appointed by a Court.

Section 11. Supported Decision Making. - A service user may designate up to three (3) persons or
"supporters", including the service user's legal representative, for the purposes of supported decision
making. These supporters shall have the authority to: access the service user's medical information;
consult with the service user vis-a-vis any proposed treatment or therapy; and be present during
service user's appointments and consultations with mental health professionals, workers and other
service providers during the course of treatment or therapy.

Section 12. Internal Review Board. - Public and private health facilities are mandated to create their
respective internal review boards to expeditiously review all cases, disputes, and controversies
involving the treatment, restraint or confinement of service users within their facilities.

(a) The Board shall be composed of the following:

(1) A representative from the Department of Health (DOH);

(2) A representative from the CHR;

(3) A person nominated by an organization representing service users and their families duly
accredited by the Philippine Council for Mental Health; and

(4) Other designated members deemed necessary, to be determined under the implementing rules
and regulations (IRR).

(b) Each internal review board shall have the following powers and functions:
(1) Conduct regular review, monitoring, and audit of all cases involving the treatment, confinement or
restraint of service users within its jurisdiction;

(2) Inspect mental health facilities to ensure that service users therein are not being subjected to
cruel, inhumane, or degrading conditions or treatment:

(3) Motu propio, or upon the receipt of a written complaint or petition filed by a service user or a
service user's immediate family or legal representative, investigate cases, disputes, and
controversies involving the involuntary treatment, confinement or restraint of a service user; and

(4) Take all necessary action to rectify or remedy violations of a service user's rights vis-à-
vis treatment, confinement or restraint, including recommending that an administrative, civil or
criminal case be filed by the appropriate government agency.

Section 13. Exceptions to Informed Consent. - During psychiatric or neurologic emergencies, or

when there is impairment or temporary loss of decision-making capacity in whether physical or
chemical, may be administered or implemented pursuant to the following safeguards and conditions:

(a) In compliance with the service user's advance directives, if available, unless doing so would pose
an immediate risk of serious harm to the patient or another person;

(b) Only to the extent that such treatment or restraint is necessary, and only while a psychiatric or
neurologic emergency, or impairment or temporary loss of capacity, exists or persists;

(c) Upon the order of the service user's attending mental health professional, which order must be
reviewed by the internal review board of the mental health facility where the patient is being treated
within fifteen (15) days from the date such order was issued, and every fifteen (15) days thereafter
while the treatment or restraint continues; and

(d) That such involuntary treatment or restraint shall be in strict accordance with guidelines approved
by the appropriate authorities, which must contain clear criteria regulating the application and
termination of such medical intervention , and fully documented and subject to regular external
independent monitoring , review, and audit by the internal review boards established by this Act.

CHAPTER IV

MENTAL HEALTH SERVICES

Section 14. Quality of Mental Health Services. - Mental health services provided pursuant to this Act
shall be:

(a) Based on medical and scientific research findings;

(b) Responsive to the clinical, gender, cultural and ethnic and other special needs of the individuals
being served;

(c) Most appropriate and least restrictive setting:

(d) Age appropriate; and

(e) Provided by mental health professionals and workers in a manner that ensures accountability.
Section 15. Mental Heath Services at the Community Level. - Responsive primary mental health
services shall be developed and integrated as part of the basic health services at the appropriate
level of care, particularly at the city, municipal, and barangay level. The standards of metal health
services shall be determined by the DOH in consultation with stakeholders based on current
evidences.

Every local government unit (LGU) and academic institution shall create their own program in
accordance with the general guidelines set by the Philippine Council for Mental Health, created
under this Act, in coordination with other stakeholders. LGUs and academic institutions shall
coordinate with all concerned government agencies and the private sector for the implementation of
the program.

Section 16. Community-based Mental Heath Care Facilities. - The national government through the
DOH shall fund the establishment and assist in the operation of community-based mental health
care facilities in the provinces, cities and cluster of municipalities in the entire country based on the
needs of the population, to provide appropriate mental health care services, and enhance the rights-
based approach to mental health care.

Each community-based mental health care facility shall in addition to adequate room, office or clinic,
have a complement of mental health professionals, allied professionals, support staff, trained
barangay health workers (BHWs) volunteer, family members of patients or service users, basic
equipment and supplies and adequate stock of medicines appropriate at that level.

Section 17. Reportorial Requirements. - LGUs through their health offices shall make a quarterly
report to the Philippine Conucil for Mental Health through the DOH. The report shall include, among
others, the following data: number of patients/service users attended to and or served, the
respective kinds of mental illness or disability, duration and result of the treatment, and
patients/users' age, gender, educational attainment and employment without disclosing the identities
of such patients/service user for confidentiality.

Section 18. Psychiatric, Psychosocial, and Neurologic Services in Regional, Provincial, and Tertiary
Hospitals. - All regional, provincial, and tertiary hospitals, including private hospitals rendering
service to paying patients, shall provide the following psychiatric, psychosocial, and neurologic
services;

(a) Short-term, in-patient, hospital care in a small psychiatric or neurologic ward for service users
exhibiting acute psychiatric or neurologic symptoms;

(b) Partial hospital care for those exhibiting psychiatric symptoms or experiencing difficulties vis-à-
vis their personal and family circumstances;

(c) Out-patient in close collaboration with existing mental health programs at primary health care
centers in the same area;

(d) Home care services for services users with special needs as a result of, among others, long-term
hospitalization, noncompliances with or inadequacy of treatment, and absence of immediate family;

(e) Coordination with drug rehabilitation center vis-a-vis the care, treatment, and rehabilitation of
persons suffering from addiction and other substance-induced mental health conditions; and
(f) A referral system involving other public and private health and social welfare service providers, for
the purpose of expanding access to programs aimed at preventing mental illness and managing the
condition of persons at risk of developing mental, neurologic, and psychosocial problems.

Section 19. Duties and Responsibilities of Mental Health Facilities. - Mental health facilities shall:

(a) Establish policies, guidelines, and protocols for minimizing the use of restrictive care and
involuntary treatment;

(b) Inform service user of their rights under this Act and all other pertinent laws and regulations;

(c) Provide every service user, whether admitted for voluntary treatment, with complete information
regarding the plan of treatment to be implemented;

(d) Ensure that informed consent is obtained from service users prior to the implementation of any
medical procedure or plan of treatment or care, except during psychiatric or neurologic emergencies
or when the service user has impairment or temporary loss of decision-making capacity;

(e) Maintain a register containing information on all medical treatments and procedures administered
to service users; and

(f) Ensure that legal representatives are designated or appointed only after the requirements of this
Act and the procedures established for the purpose have been observed, which procedures should
respect the autonomy and preferences of the patient as far as possible.

Section 20. Drug Screening Services. - Pursuant to its duty to provide mental health service and
consistent with the policy of treating drug dependency as a mental health issue, each local health
care facility must be capable of conducting drug screening.

Section 21. Suicide Prevention. - Mental health services shall also include mechanisms for suicide
intervention, prevention, and response strategies, with particular attention to the concerns of the
youth. Twenty-four seven (24/7) hotlines, to provide assistance to individuals with mental health
conditions, especially individuals at risk of committing suicide, shall be set up, and existing hotlines
shall be strengthened.

Section 22. Public Awareness. - The DOH and the LGUs shall initiate and sustain a heightened
nationwide multimedia campaign to raise the level of public awareness on the protection and
promotion of mental health and rights including, but not limited to, mental health and nutrition, stress
handling, guidance and counseling, and other elements of mental health.

CHAPTER V

EDUCATION, PROMOTION OF MENTAL HEALTH

IN EDUCATIONAL INSTITUTIONS AND IN THE WORKPLACE

Section 23. Integration of Mental Health into the Educational System. - The State shall ensure the
integration of mental health into the educational system, as follows:

(a) Age-appropriate content pertaining to mental health shall be integrated into the curriculum at all
educational levels; and
(b) Psychiatry and neurology shall be required subjects in all medical and allied health courses,
including post-graduate courses in health.

Section 24. Mental Health Promotion in Educational Institutions. - Educational Institutions, such as

schools, colleges, universities, and technical schools, shall develop policies and programs for
students, educators, and other employees designed to: raise awareness on mental health issues,
identified and provide support and services for individuals at risk, and facility access, including
referral mechanisms of individual with metal health conditions to treatment and psychosocial
support.

All public and private educational institutions shall be required to have a complement of mental
health professionals.

Section 25. Mental Health Promotion and Policies in the Workplace. - Employers shall develop
appropriate policies and programs on mental health issues, correct the stigma and discrimination
associated with mental conditions, identify and provide support for individuals with mental health
conditions to treatment and psychosocial support.

CHAPTER VI

CAPACITY BUILDING, RESEARCH AND DEVELOPMENT

Section 26. Capacity Building, Reorientation, and Training. - In close coordination with mental
health facilities, academic institutions, and other stakeholders, mental health professionals, workers,
and other service providers shall undergo capacity building, reorientation, and training to develop
their ability to deliver evidence-based, gender-sensitive, culturally appropriate and human rights-
oriented mental health services, with emphasis on the community and public health aspects of metal
health.

Section 27. Capacity Building of Barangay Health Workers (BHWs). - The DOH shall be responsible
for disseminating information and providing training programs to LGUs. The LGUs, with technical
assistance from the DOH, shall be responsible for the training of BHWs and other barangay
volunteers on the promotion of mental; health. The DOH shall provide assistance to LGUs with
medical supplies and equipment needed by BHWs to carry out their functions effectively.

Section 28. Research and Development. - Reasearch and development shall be undertaken, in

collaboration with academic institutions, psychiatric, neurologic, and related associations, and
nongovernment organizations, to produce the information, data, and evidence necessary to
formulate and develop a culturally relevant national mental health program incorporating indigenous
concepts and practices related to metal health.

High ethical standards in mental health research shall be promoted to ensure that: research is
conducted only with the free and informed consent of the persons involved: researchers do not
receive any privileges, compensation or remuneration in exchange for encouraging or recruiting
participants; potentially harmful or dangerous research is not undertaken all research is approved by
an independent ethics committee, inaccordance with applicable law.

Research and development shall also be undertaken vis-à-vis nonemedical, traditional or alternative

practices.
Section 29. The National Center for Mental Health (NCMH). - The NCMH, formerly the National
Mental Hospital being the premiere training and research center development of interventions on
mental and neurological services in the country.

CHAPTER VII

DUTIES AND RSPONSIBILITIES OF GOVERNMENT AGENCIES

Section 30. Duties and Responsibilities of the Departmnent of Health (DOH). - To achieve the policy
and objectives of this Act, the DOH shall:

(a) Formulate, develop, and implement a national mental health program. In coordination with
relevant government agencies, create a framework for Mental Health Awareness Program to
promote effective strategies regarding mental healthcare, its components, and services, as well as to
improve awareness on stigmatized medical conditions;

(b) Ensure that a safe, therapeutic, and hygienic environment with sufficient privacy exists in all
mental health facilities and, for this purpose, shall be responsible for the regulation, licensing,
monitoring, and assessment of all mental health facilities;

(c) Integrated mental health into the routine health information systems and identify, collate, routinely
report and use core mental health data disaggregated by sex and age, and health outcomes,
including data on complete and attempted suicides, in order to improve mental health service
delivery: promotion and prevention strategies;

(d) Improve research capacity and academic collaboration on national priorities for research in
mental health, particularly operational research with direct relevance to service development,
implementation, and the exercise of human rights by persons with mental health conditions,
including establishment of centers of excellence;

(e) Ensure that all public and private mental health institution uphold the right of patients to be
protected against torture or cruel, inhumane, and degrading treatment;

(f) Coordinate with the Philippine Health Insurance Corporation to ensure that insurance packages
equivalent to those covering physical disorders of comparable impact to the patient, as measured by
Disability-Adjusted Life Year or other methodologies, are available to patients affected by mental
health conditions;

(g) Prohibit forced or inadequately remunerated labor within mental health facilities, unless such
labor is justified as part of an accepted therapeutic treatment program;

(h) Provide support services for families and co-workers of service users, mental professionals,
workers, and other service providers;

(i) Develop alternatives to institutionalization, particularly community, recovery-based approaches to

treatment aimed at receiving patients discharged from hospitals, meeting the needs expressed by
persons with mental health conditions, and respecting their autonomy, decisions, dignity, and
privacy;

(j) Ensure that all health facilities shall establish their respective internal review boards. In
consultation with stakeholders, the DOH shall promulgate the rules and regulations, necessary for
the efficient disposition of all proceedings, matters, and cases referred to or reviewed by the internal
review board;

(k) Establish a balanced system of community-based and hospital-based mental health services at
all levels of the public health care system from the barangay, municipal, city, provincial, regional to
the national level; and

(l) Ensure that all health workers shall undergo human rights trainings in coordination with
appropriate agencies or organizations.

Section 31. Duties and Responsibilities of the Commission on Human Tights (CHR). - The CHR
shall:

(a) Establish mechanisms to investigate, address, and set upon complaints to impropriety and abuse
in the treatment and care received by service users, particularly when such treatment or care is
administered or implemented voluntarily;

(b) Inspect mental health facilities to ensure that service users therein are not being subjected to
cruel, inhumane, or degrading conditions or treatment;

(c) Investigate all cases involving involuntary treatment, confinement, or care or service users, for
the purpose of ensuring strict compliance with domestic and international standards respecting the
legality, quality, and appropriateness of such treatment, confinement, or care; and

(d) Appoint a focal commissioner for mental health tasked with protecting and promoting the rights of
service users and other persons utilizing mental health services or confined in mental health
facilities, as well as the rights of mental health professionals and workers. The focal commissioner
shall, upon a finding that a mental health facility, mental health professional, or mental health worker
has violated any of the rights provided for in this Act, take all necessary actions to rectify or remedy
such violation, including recommending that an administrative, civil, or criminal case be filed by the
appropriate government agency.

Section 32. Investigative Role of the Commission on Human Rights (CHR). - The investigative role
of the CHR as provided in the pertinent provisions of this Act shall be limitted to all violations of
human rights involving civil and political rights consistent with the powers and functions of the CHR
under Section 18 of Article XIII of the Constitution.

Section 33. Compliant and Investigation. - The DOJ, CHR and Department of Justice shall receive
all complaints of improprieties and abuses in mental health care and shall initiate appropriate
investigation and action.

Further, the CHR shall inspect all places where psychiatric service users are held for involuntary
treatment or otherwise, to ensure full compliance with domestic and international standards
governing the legal basis for treatment or otherwise, to ensure full compliance with domestic and
international standards governing the legal basis for treatment and detention quality of medical care
and living standards.

The CHR may. motu propio, file a complaint against erring mental health care institutions should
they find any noncompliance, based on its investigations. 1a\^/phi1
Section 34. Duties and Responsibilities of the Department of Education (DepED), Commission on
Higher Education (CHED), and the Technical Education and Skills Development Authority
(TESDA). - The DepED, CHED and TESDA shall:

(a) Integrate age-appropriate content pertaining to mental health into curriculum at all educational
levels both in public and private institutions;

(b) Develop guidelines and standards on age-appropriate and evidence-based mental health
programs both in public and private institutions;

(c) Pursue strategies that promote the realization of mental health and well-being in educational
institutions; and

(d) Ensure that mental health promotions in public and private educational institutions shall be
adequately complemented with qualified mental health professionals.

Section 35. Duties and Responsibilities of the Department of Labor and Employment (DOLE) and
the Civil Service Commission (CSC). - The DOLE and CSCshall:

(a) Develop guidelines and standards on appropriate and evidence-based mental health programs
for the workplace as described in this Act; and

(b) Develop policies that promote mental health in the workplace and address stigma and
discrimination suffered by people with mental health conditions.

Section 36. Duties and responsibilities of the Department of Social Welfare and Development
(DSWD). - The DSWD shall:

(a) Refer service users to mental health facilities, professionals, workers, and other service providers
for appropriate care;

(b) Provide or facilitate access to public or group housing facilities, counselling, therapy, and
livelihood training and other available skills development programs; and

(c) In coordination with the LGUs and the DOH, formulate, develop, and implement community
resilience and psychosocial well-being training, including psychosocial support services during and
after natural disaster and other calamities.

Section 37. Duties and Responsibilities of the Local Government Units (LGUs). - The LGUs shall:

(a) Review, formulate, and develop the regulations and guidelines necessary to implement an
effective mental health care and wellness policy within the territorial jurisdiction of each LGU,
including the passage of a local ordinance on the subject of mental health, consistent with existing
relevant national policies and guidelines;

(b) Integrate mental health care services in the basic health care services, and ensure that mental
health services are provided in primary health care facilities and hospitals, within their respective
territorial jurisdictions;
(c) Establish training programs necessary to enhance the capacity of mental health care service
providers at the LGU level, in coordination with appropriate national government agencies and other
stakeholders;

(d) Promote deinstitutionalization and other recovery-based approaches to the delivery of mental
health care services;

(e) Establish, reorient, and modernize mental health care facilities necessary to adequately provide
mental health services, within their respective territorial jurisdictions;

(f) Where independent living arrangements are not available, provide or facilitate access to public
housing facilities, vocational training and skills development programs, and disability or pension
benefits;

(g) Refer service users to mental health facilities, professionals, workers, and other service providers
for appropriate care; and

(h) Establish a multi-sectoral stakeholder network for the identification, management, and prevention
of mental health conditions.1âwphi1

Section 38. Upgrading of Local Hospitals and Health Care Facilities. - Each LGU. Upon its
determination of necessity based on well-supported data provided by its local health office, shall
establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment and
supplies to be able to provide mental health services and to address psychiatric
emergencies: Provided, That people in geographically isolated and/or high populated and depressed
areas shall have the same level of access and shall not be neglected by providing other means such
as home visits or mobile health care clinic, as needed; Provided further, That the national
government shall provide additional funding and other necessary assistance for the effective
implementation of this provision.

CHAPTER VIII

THE PHILIPPINE COUNCIL FOR MENTAL HEALTH

Section 39. Mandate. The Philippine Council for Mental health, herein referred to as the Council, is
hereby established as a policy-making planning, coordinating and advisory body, attached to the
DOH to oversee the implementation of this Act, particularly the protection of the rights and freedom
of persons with psychiatric, neurologic, and psychosocial needs and the delivery of rational, unified
and integrated mental health services responsive to the needs of the Filipino people.

Section 40. Duties and Functions. - The Council shall exercise the following duties;

(a) Develop and periodically update, in coordination with the DOH, a national multi-sectoral strategic
plan for mental health that further operationalizes the objectives of this Act which shall include the
following:

(1) The country's target and strategies in protecting the rights of Filipinos with mental health needs
and in promoting mental health and the well-being of Filipinos, as provided in this Act;
(2) The government's plan in establishing a rational, unified and integrated service delivery network
for mental health services including the developmental health human resources and information
system for mental health; and

(3) The budgetary requirements and a corollary investment plan that shall idetntify the sources of
funds for its implementation;

(b) Monitor the implementation of the rules and regulations of this Act and the strategic plan for
mental health, undertake mid-term assessments and evaluations of the impact of the interventions in
achieving the objectives of this Act;

(c) Ensure the implementation of the policies provided in this Act, and issue or cause issuance of
orders, or make recommendations to the implementing agencies as the Council considers
appropriate;

(d) Coordinate the activities and strengthen working relationships among national government
agencies, LGUs, and nongovernment agencies involved in mental health promotion;

(e) Coordinate with foreign and international organizations regarding data collection, research and
treatment modalities for persons with psychiatric, neurologic and substance use disorder and other
addictions;

(f) Coordinate joint planning and budgeting of relevant agencies to ensure funds for programs and
projects indicated in the strategic medium-term plan are included in the agency's annual budget;

(g) Call upon other government agencies and stakeholders to provide data and information in
formulating policies and programs, and to assist the Council in the performance of its functions; and

(h) Perform other duties and functions necessary to carry out the purpose of this Act.

Section 41. Composition. - The Council shall be composed of the following:

(a) Secretary of DOH as Chairperson;

(b) Secretary of DepED;

(c) Secretary of DOLE;

(d) Secretary of the Department of the Interior and Local Government (DILG);

(e) Chairperson of CHR;

(f) Chairperson of CHED;

(g) One (1) from the academe/research;

(h) One (1) representative from medical or health professional organizations;

(i) One (1) one representative from nongovernment organizations (NGOs) involved in mental health
issues.
The members of the Council from the government may designate their permanent authorized
representatives.

Within thirty (30) days from the effectivity of this Act, the members of the Council from the
academe/research, private sector and NGOs shall be appointed by the President of the Philippines
from a list of three (3) nominees submitted by the organizations, as endorsed by the Council.

Members representing the academe/research, private sector and NGOs of the Council shall serve
for a term of three (3) years. In case a vacancy occurs in the Council, any person chosen to fill the
position vacated by a member of the Council shall only serve the unexpired term of said member.

Section 42. Creation of the DOH Mental Health Division. - There shall be created in the DOH, a
Mental Health Division, under the Disease Prevention and Control Bureau, staffed by qualified
mental health specialists and supported with an adequate yearly budget. It shall implement the
National Mental Health Program and, in addition, shall also serve as the secretariat of the Council.

CHAPTER IX

MENTAL HEALTH FOR DRUG DEPENDENTS

Section 43. Voluntary Submission of a Drug Dependent to Confinement, treatment and

Rehabilitation. - Persons who avail of the voluntary submission provision and persons charged
pursuant to Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act
of 2002", shall undergo an examination for mental health conditions and. if found to have mental
health conditions, shall be covered by the provision of this Act.

CHAPTER X

MISCELLANEOUS PROVISIONS

Section 44. Penalty Clause. - Any person who commits any of the following acts shall, upon
conviction by final judgment, be punished by imprisonment of not less than six (6) months, but not
more than two (2) years, or a fine of not less than Ten thousand pesos (P10,000.00), but not more
than Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court:

(a) Failure to secure informed consent of the service user, unless it falls under the exceptions
provided under Section 18 of this Act;

(b) Violation of confidentiality of information, as defined under Section 4(c) of this Act;

(c) Discrimination against a person with mental-health condition, as defined under Section 4(e) of
this Act; and

(d) Administering inhumane, cruel, degrading or harmful treatment not based on medical or scientific
evidence as indicated in Section 5(h) of this Act;

If the violation is committed by a juridical person, the penalty provided for in this Act shall be
imposed the directors, officers, employees or other officials or persons therein responsible for the
offense.
If the violation is committed by an alien, the alien offender shall be immediately deported after
service of sentence without need of further proceedings.

These penalties shall be without prejudice to the administrative or civil liability of the offender, or the
facility where such violation occurred.

Section 45. Appropriations. - The amount needed for the initial implementation of this Act shall be
charged against the 2018 appropriations of the DOH for the following maintenance and other
operating expenses of the national mental health program, capital outlays for the development of
psychiatric facilities among selected DOH hospitals, and formulation of the strategic plan for mental
health.

For the succeeding years, the amount allocated for mental health in the DOH budget and in the
budget of other agencies with specific mandates provided in this Act shall be based on the strategic
plan formulated by the Council, in coordination with other stakeholders. The amount shall be
included in the National Expediture Program (NEP) as basis for the General Appropriations Bill
(GAB).

Section 46. Implementing Rules and Regulations (IRR). - The Secretary of Health in coordination
with the CHR, DSWD, DILG, DepED, CHED, TESDA, DOLE, CSC and together with associationsor
organizationsrepresenting service users and mental professionals, workers, and other service
providers, shall issue the IRR necessary for the effective implementation of this Act within one
hundred twenty (120) days from the effectivity thereof.

Section 47. Separability Clause. - If any provision on this Act is declared unconstitutional or invalid
by a court of copmpetent jurisdiction, the remaining provisions not affected thereby shall continue to
be in full force and effect.

Section 15. Repealing Clause. - All laws, decrees, executive orders, department or memorandum
orders and other administrative issuances or parts thereof which are inconsistent with the provisions
of this Act are hereby modified, suspended or repealed accordingly. accordingly.

Section 18. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved,