Weekend Reading: "On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession" - Lawyerist.com

see - Weekend Reading: "On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession" - Lawyerist.com


"x x x.

I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth — and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how.

Federal Judge Patrick Schiltz wrote this article for the Vanderbilt Law Review years before he was appointed to the bench. He was writing for lawyers in large firms, but it applies equally to lawyers in practices of any size.

Let me tell you how you will start acting unethically …

Schiltz believes that unethical lawyers often start out as unhappy and unhealthy lawyers — ethics, happiness, and health are inextricably intertwined. He traces the root of lawyers’ unhappiness and unhealthiness to money. Although it’s not quite so simple.

Lawyers, Schiltz posits, aren’t after money for its own sake, but for what it symbolizes: winning. (No, not the Charlie Sheen kind.) Lawyers aren’t necessarily after wealth, but the victory that money symbolizes — money is just the way to keep score.

Money is what tells them if they’re more successful than the lawyer in the next office — or in the next office building — or in the next town. If a lawyer’s life is dominated by the game — and if his success in the game is measured by money — then his life is dominated by money. For many, many lawyers, it’s that simple

This drive to win is a prioritization of money over happiness and, gradually, over ethics.

Unethical lawyers do not start out being unethical; they start out just like you — as perfectly decent young men or women who have every intention of practicing law ethically. They do not become unethical overnight; they become unethical just as you will (if you become unethical) — a little bit at a time. And they do not become unethical by shredding incriminating documents or bribing jurors; they become unethical just as you are likely to — by cutting a corner here, by stretching the truth a bit there.

Those little things will sneak up on you, too.

[B]ecause your life as a lawyer will be filled with the mundane, whether you practice law ethically will depend not upon how you resolve the one or two dramatic ethical dilemmas that you will confront during your entire career, but upon the hundreds of little things that you will do, almost unthinkingly, each and every day.

The only way to practice law ethically is to embrace ethical behavior, to create an ethical habit. This does not mesh well with the drive to get more money than everybody else. Here’s what it means to practice law ethically:

First, you generally have to comply with the formal disciplinary rules … complying with the formal rules will not make you an ethical lawyer, any more than complying with the criminal law will make you an ethical person.

The second thing you must do to be an ethical lawyer is to act ethically in your work, even when you aren’t required to do so by any rule.

The third thing you must do to be an ethical lawyer is to live an ethical life.

Judge Schiltz has four pieces of “little-picture advice” for lawyers who wish to have a happy, healthy, and ethical law practice:

1. Avoid working in BigLaw — or firms that act like BigLaw (Schiltz defends this recommendation in great detail, knocking down each of the “advantages” of BigLaw)
2. Seek alternatives to private practice
   “Without question, the attorneys I knew who seemed to be the happiest, who seemed to have the most balanced lives, and who seemed to have the most interesting, satisfying practices were those practicing in small towns (in either small firms or — another option for you — as solo practitioners).”
3. If you go to a big firm, make a smart choice
4. Develop the habit of acting ethically

Above all, remember this: “You cannot win the game. If you fall into the trap of measuring your worth by money, you will always feel inadequate.”

x x x."

Comelec's unconstitutional intelligence pork barrel from the President.

We submit that it is unconstitutional for the President to give a "constitutionally independent body", such as the Comelec, multi-million "intelligence funds", not only because it is conducive to graft and corruption and is seen as an act of "political patronage" but more importantly because it will ultimately destroy the independence of such a body by placing it under the enticements of the "intelligence pork barrel" of Malacanang, like a boy begging and craving for a piece of candy from his older peer. Comelec chair Brillantes has exposed his lack of moral and ethical principles and his disrespect for the spirit of the Constitution by accepting intelligence funds from the President. If Comelec needs such a fund, why not simply include it in its proposed annual budget for routine scrutiny and approval, in due course, by the House and the Senate? We are bothered by this issue as members of the Bar.


Laserna Cueva-Mercader Law Offices
Las Pinas City, Philippines

MEL STA. MARIA | Is the Philippine Constitution being taken for granted? - InterAksyon.com

see - MEL STA. MARIA | Is the Philippine Constitution being taken for granted? - InterAksyon.com


"x x x.

Now lets look at the Supreme Court. The third branch of government is unique. It is composed of 15 high magistrates with absolutely no direct mandate from the people, unlike our legislators and the President. Unlike with all other government officials, it is generally prohibited to talk to the Justices of the Supreme Court. And yet they are so privileged. They earn among the highest salaries in government and enjoy many privileges as public servants. They will receive probably the best retirement-pension arrangement that government can provide. They wield great power because their decisions can affect private individuals and the whole nation. They can put a man to jail for life. Even if their decision is wrong, they will generally not be held accountable but the incarcerated innocent person will suffer the ignominy, hardship, and desolation of a prison cell and, more often than not, without anymore recourse. And these justices can only be ousted through an impeachment trial which is the hardest procedure for removing a public servant. It is therefore highly justified that the citizenry have the highest expectations as to their performance. There is no room for error on their part because their decision can mean life or death, freedom or its deprivation, emancipation or continued bondage, justice or injustice.

Insofar as the Constitution is concerned, the Supreme Court's role is key. The justices interpret the Constitution and its provisions directly affecting the manner of their implementation.

But how has the Supreme Court performed lately? A tendency to flip-flop, which was an issue in the impeachment trial of ousted Chief Justice Corona, is still perceived as existing. The Court's ruling on partylists is a good example: from a former interpretation imbued with a social cause, which reserved the system only in favor of the marginalized or underprivileged sectors of society, the Supreme Court has changed the very essence of the entire partylist system, now making it open to all, including billionaires, thereby removing the preference for the underrepresented.

Regardless of the arguments of the justices, there is a perception that interpretations change depending on who sit as justices.

Justice Hugo Black of the United States Supreme Court said: "(The) Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind." And yet the decision in the mayoralty race in a town in Cavite is also illustrative: originally the Supreme Court decided for the defeated mayor to assume the position. Then it was changed to the "other" mayor. If this pattern continues, justice may be elusive for both contending parties.

The ouster of Chief Justice Renato Corona was dramatic, but the appointment of a new Chief Justice was perhaps traumatic to some in the judiciary. Immediately after the assumption of Chief Justice Sereno, the gestures of the other justices or some of them were negative. There was no attendance in the flag ceremony generating a public perception of bickerings, professional jealousy, and personal animosity within the institution. There were even story-leaks of non-attendance in meetings and even shouting matches in en banc sessions. If the Supreme Court is supposed to stand for all the good things in the Constitution, the said actuations of the Justices do not reflect this.

These observations cannot be shoved aside. Public perceptions, though at times presumptuous, are not simply generated out of nothing. People make judgments from what they see and read. If fully expressed publicly, their accumulation creates public opinion. Government may or may not heed public opinion depending on its consistency with public interest, but public opinion must nevertheless always be given a measure of serious scrutiny. As George Bancroft, a famous American historian, said "the best government rests on the people, and not on the few, on persons and not on property, on the free development of public opinion and not on authority." 

The wheels of democracy effectively turn only to the extent that public opinion is addressed correctly and effectively by the government.

x x x."

Republic Act No. 10531 - National Electrification Adm. - Official Gazette of the Republic of the Philippines

Republic Act No. 10531 | Official Gazette of the Republic of the Philippines

[REPUBLIC ACT NO. 10531]

AN ACT STRENGTHENING THE NATIONAL ELECTRIFICATION ADMINISTRATION, FURTHER AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 269, AS AMENDED, OTHERWISE KNOWN AS THE “NATIONAL ELECTRIFICATION ADMINISTRATION DECREE”

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

CHAPTER I

POLICY AND DEFINITIONS

SECTION 1. This Act shall be known as the “National Electrification Administration Reform Act of 2013″.

SEC. 2. Section 2 of Presidential Decree No. 269, as amended, is hereby further amended to read as follows:

“SEC. 2. Declaration of National Policy. – It is hereby declared the policy of the State to:

“(a) promote the sustainable development in the rural areas through rural electrification;

“(b) empower and strengthen the National Electrification Administration (NEA) to pursue the electrification program and bring electricity, through the electric cooperatives as its implementing arm, to the countryside even in missionary or economically unviable areas;

“(c) empower and enable electric cooperatives to cope with the changes brought about by the restructuring of the electric power industry pursuant to Republic Act No. 9136, otherwise known as the “Electric Power Industry Reform Act of 2001″.”

SEC. 3. A new section is hereby inserted under Presidential Decree No. 269, as amended, to be designated as Section 2-A, to read as follows:

“SEC. 2-A. Scope. – This Act shall establish a framework for introducing structural, reforms in the NEA and the electric cooperatives.”

SEC. 4. Five (5) new paragraphs, to be designated as paragraphs (s), (t), (u), (v) and (w), are hereby inserted under Section 3 of Presidential Decree No. 269, as amended, to read as follows:

“SEC. 3. Definitions. – As used in this Decree, the following words or terms shall have the following meanings, unless a different meaning clearly appears from the context:

“x x x

“(s) ‘CDA’ shall refer to the Cooperative Development Authority created under Republic Act No. 6939, as amended.

“(t) ‘DOE’ shall refer to the Department of Energy created under Republic Act No. 7638, as amended.

“(u) ‘Electric cooperative’ shall refer to an electric distribution utility organized and registered pursuant to Presidential Decree No. 269, as amended, Republic Act No. 9520, and other related laws.

“(v) ‘EPIRA’ shall refer to Republic Act No. 9136 or the ‘Electric Power Industry Reform Act of 2001′.

“(w) ‘ERC’ shall refer to the Energy Regulatory Commission created under Section 38 of Republic Act No. 9136.”

CHAPTER II

THE NATIONAL ELECTRIFICATION ADMINISTRATION

SEC. 5. Section 4 of Presidential Decree No. 269, as amended, is hereby further amended to read as follows:

“SEC. 4. Powers, Functions and Privileges of the National Electrification Administration. – To strengthen the electric cooperatives, help them become economically viable and prepare them for the implementation of retail competition and open access pursuant to Section 31 of the EPIRA, the NEA is authorized and empowered to:

“(a) have a continuous succession under its corporate name until otherwise provided by law;

“(b) adopt and use a seal and alter it at its pleasure;

“(c) sue and be sued in any court: Provided, That the NEA shall, unless it consents otherwise, be immune to suits for acts ex delicti;

“(d) make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business;

“(e) supervise the management and operations of all electric cooperatives;

“(f) exercise step-in rights as herein defined;

“(g) provide institutional, financial and technical assistance to electric cooperatives upon request of the electric cooperatives;

“(h) pursue the total electrification of the country through the electric cooperatives by way of enhancing distribution development and, in case of missionary areas, shall be done in coordination with the National Power Corporation – Small Power Utilities Group (NPC-SPUG) which shall be responsible for the generation and transmission requirements, as necessary;

“(i) devote all returns from its capital investments to attain the objectives of this Act;

“(j) ensure the economic and financial viability and operation of all electric cooperatives;

“(k) restructure ailing electric cooperatives with the end in view of making them economically and financially viable;

“(l) develop, set and enforce institutional and governance standards for the efficient operation of electric cooperatives such as, but not limited to, the observance of appropriate procurement procedure, including transparent and competitive bidding. Such standards shall he enforced through amechanism of incentives and disincentives to complying and non-complying electric cooperatives, respectively;

“(m) formulate and impose administrative sanctions and penalties and when warranted, file criminal cases against those who are found in violation of any of the provisions of this Act and its implementing rules and regulations (IRR);

“(n) serve as guarantor to qualified electric cooperatives in their transactions with various parties such as, but not limited to, co-signing in power supply contracts;

“(o) grant loans to electric cooperatives, for the construction or acquisition, operation and maintenance of subtransmission and distribution facilities and all related properties, equipment, machinery, fixtures, and materials for the purpose of supplying area coverage service, and thereafter to grant loans for the restoration, improvement or enlargement of such facilities or for such other purposes as may be deemed necessary;

“(p) subject to the prior approval and/or opinion of the Monetary Board, borrow funds from any source, private or government, foreign or domestic, and secure the lenders thereof by pledging, sharing or subordinating one or more of the NEA’s own loan securities;

“(q) exercise primary and exclusive jurisdiction in the adjudication of complaints against electric cooperative officers, election disputes and all matters relating to the effective implementation of the provisions of this Act;

“(r) as a quasi-judicial agency, deputize local law enforcement agencies to enforce or implement its orders or decisions, with the power to cite for contempt any party or witness to any case before it for contumacious conduct; and

“(s) exercise such powers and do such things as may be necessary to carry out the business and purposes for which the NEA was established, or which from time to time may be declared by the Board of Administrators as necessary, useful, incidental or auxiliary to accomplish such purposes.

“For this purpose, the authorized capital stock of the NEA is hereby increased to Twenty-five billion pesos (P25,000,000,000.00) divided into two hundred fifty million (250,000,000) shares with a par value of One hundred pesos (P100.00).”

SEC. 6. A new section, to be designated as Section 4-A, is hereby inserted under Presidential Decree No. 269, as amended to read as follows:

“SEC. 4-A. Supervisory Powers of the NEA Over Electric Cooperatives. – In the exercise of its power of supervision over electric cooperatives, the NEA shall have the following powers:

“(a) issue orders, rules and regulations, motu proprio or upon petition of third parties, to conduct investigations, referenda and other similar actions on all matters affecting the electric cooperatives;

“(b) issue preventive or disciplinary measures including, but not limited to, suspension or removal and replacement of any or all of the members of the board of directors and officers of the electric cooperative, as the NEA may deem fit and necessary and to take any other remedial measures as the law or any agreement or arrangement with NEA may provide, to attain the objectives of this Act: and

“(c) appoint independent board of directors in the electric cooperative.

“The NEA shall, in the exercise of its supervisory and disciplinary powers under this Act, strictly observe due process of law.”

SEC. 7. A new section, to be designated as Section 4-B, is hereby inserted under Presidential Decree No. 269, as amended, to read as follows:

“SEC. 4-B. Step-in Rights in Cases of Ailing Cooperatives. – The NEA shall immediately step-in and take over from its Board the operations of any ailing electric cooperative. Within a reasonable period after take-over, the NEA may convert the ailing cooperative to either a stock cooperative registered with the CDA or a stock corporation registered with the Securities and Exchange Commission (SEC).

“The NEA shall in determining the propriety of the conversion, be guided by the ability of the member-consumers of said electric cooperative to pay for their shares in the stock cooperative or stock corporation.

“The NEA may appoint or assign third persons to the Board of the electric cooperative until the NEA decides that the election of a new board of directors to manage the electric cooperative is necessary. The NEA may create a management team for the purpose.

“The NEA shall, in the exercise of its step-in rights under this Act, strictly observe due process of law. The step-in rights may only be exercised by the NEA in case of failure of-the electric cooperative to meet operational and financial standards set by the NEA or in other analogous instances set forth in the IRR of this Act.”

SEC. 8. A new section, to be designated as Section 4-C, is hereby inserted under Presidential Decree No. 269, as amended, to read as follows:

“SEC. 4-C. Injunction or Temporary Restraining Order. – No injunction or temporary restraining order shall be issued against the implementation of any order, ruling or decision of the NEA, except by the Court of Appeals, and only upon the posting of a bond sufficient to cover the liabilities and expenditures arising during the pendency of the writ or injunction or temporary restraining order: Provided, That the injunction shall only be effective for a period not exceeding sixty (60) days.”

CHAPTER III

ELECTRIC COOPERATIVES

SEC. 9. Section 16, paragraph (j) of Presidential Decree No. 269, as amended, is hereby further amended to read as follows:

“SEC. 16. Powers. – A cooperative is hereby vested with all powers necessary or convenient for the accomplishment of its corporate purpose and capable of being delegated by the President or the National Assembly when it comes into existence; and no enumeration of particular powers hereby granted shall be construed to impair any general grant of power herein contained, nor to limit any such grant to a power or powers of the same class as those so enumerated. Such powers shall include, but not be limited to, the power:

“x x x

“(j) To construct, acquire, own, operate and maintain electric subtransmission and distribution lines along, upon, under and across publicly owned lands and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges and causeways. In the event of the need of such lands and thoroughfares for the primary purpose of the government, the electric cooperative shall be properly compensated;

“(j-1) To construct, acquire, own, operate and maintain generating facilities within its franchise area. In pursuance thereof, where an electric cooperative participates in a bid on an existing NPC-SPUG generating facility, its qualified bid shall be given preference m case of a tie:Provided, however, That in cases where there is no other qualified bidder, the lone bid shall remain as valid basis for the determination of the final award subject to the following conditions:

“(a) bid offer is not lower than the valuation of the assets using Commission on Audit (COA) rules and regulations;

“(b) electric cooperative is prepared to fully take over the generation function of the area from the NPC-SPUG; and

“(c) electric cooperative submits its graduation program from the Universal Charge for Missionary Electrification (UC-ME) subsidy.

“x x x.”

SEC. 10. A new section, to be designated as Section 26-A of Presidential Decree No. 269, as amended, is hereby inserted to read as follows:

“SEC. 26-A. Independence of the Board of Directors and Officers of Electric Cooperatives. – To ensure the long-term business and economic viability of electric cooperatives, the management, operations and strategic planning of electric cooperatives shall, as much as practicable, be insulated from local politics.

“Towards this end, no person shall be elected or appointed as an officer or be eligible to run as a board member of an electric cooperative if:

“(a) such person or his or her spouse holds any public office;

“(b) such person or his or her spouse has been a candidate in the last preceding local or national elections;

“(c) such person has been convicted by final judgment of a crime involving moral turpitude;

“(d) such person has been terminated for cause from public office or private employment;

“(e) such person is related to any member of the electric cooperative board of directors, general manager and department managers within the fourth civil degree of consanguinity or affinity;

“(f) such person is a representative of a juridical person; and

“(g) such person is employed by or financially interested in a competing enterprise or a business selling electric energy or electrical hardware to the cooperative or doing business with the cooperative, including the use or rental of poles.”

SEC. 11. A new section, to be designated as Section 26-B, is hereby inserted under Presidential Decree No. 269, as amended to read as follows:

“SEC. 26-B. Fit and Proper Rule. – To ensure that the management and operations of electric cooperatives are carried out with due regard to its economic viability, the NEA shall prescribe, pass upon and review the qualifications and disqualifications of individuals appointed or elected to electric cooperatives and disqualify those found unfit.

“A candidate’s integrity, experience, education, competence and probity shall be considered in determining whether he or she shall be fit and proper to become a director or officer of the electric cooperative.

“For this purpose, the minimum qualifications of a director or officer of the electric cooperative shall be as follows:

“(a) He or she is a Filipino citizen;

“(b) He or she is a graduate of a four (4)-year course;

“(c) He or she is between twenty-one (21) and seventy (70) years old, on the date of election;

“(d) He or she is of good moral character;

“(e) He or she is a member of the electric cooperative in good standing for the last five (5) years immediately preceding the election or appointment;

“(f) He or she is an actual resident and consumer in the district that he or she seeks to represent for at least two (2) years immediately preceding the election; and

“(g) He or she has attended at least two (2) Annual General Membership Assemblies (AGMA) for the last five (5) years immediately preceding the election or appointment.

“The NEA may, after due notice to the board of directors and officers of the electric cooperative, disqualify, suspend or remove any director or officer, who commits any act which renders him unfit for the position.”

SEC. 12. Section 32 of Presidential Decree No. 269, as amended, is hereby further amended to read as follows:

“SEC. 32. Registration of All Electric Cooperatives. – All electric cooperatives may choose to remain as a non-stock, non-profit cooperative or convert into and register as: (a) a stock cooperative under the CDA; or (b) a stock corporation under the SEC, in accordance with the guidelines to be included in the IRR of this Act.

“Such choice shall carry with it the attendant requirements of compliance with the laws and regulatory guidelines governing the respective government agencies having jurisdiction over their registration.

“Regardless of the choice made, the NEA shall have the authority over electric cooperatives, whether stock or non-stock, to require the submission of reportorial requirements as may be necessary relative to their operations as electric distribution utilities including, but not limited to:

“(a) Monthly Financial and Statistical Report (MFSR);

“(b) monthly separate MFSR. Monthly Engineering Report (MER) and barangay and sitio electrification report fear electric cooperatives on grid with isolated area/s served by NPC-SPUG;

“(c) monthly status of barangay and sitio energization and house connections;

“(d) monthly Institutional Services Department (ISD) report;

“(e) monthly Performance Standard Monitoring Report (PSMR);

“(f) monthly summary of complaints received and acted upon;

“(g) monthly report on compliance with the Grid and Distribution Code:

“(h) Monthly Engineering Report (MER);

“(i) quarterly report on power supply contracts;

“(j) annual work plan;

“(k) annual Distribution Development Plan (DDP);

“(l) five (5)-year investment plan submitted annually;

“(m) annual Cash Operating Budget (COB);

“(n) audited financial statements;

“(o) annual Collective Bargaining Agreement (CBA) or Collective Negotiation Agreement (CNA); and

“(p) copy of Capital Expenditure (CAPEX) and Operating Expenditure (OPEX) plans.

“Likewise, the supervisory and oversight functions of the NEA, as may be detailed in this Act and its IRR, shall be applicable to both stock and non-stock cooperatives.

“Electric cooperatives which register with the CDA shall continue to enjoy the benefits under this Act.

“Existing electric cooperatives may likewise opt to register as stock corporations with the SEC; Provided, however, That electric cooperatives registered with the SEC shall no longer enjoy the incentives provided for in this Act.

“Despite the registration of the electric cooperatives under the CDA or the SEC, the NEA shall retain its supervisory and disciplinary power over them in the conduct of its operation as electric distribution utilities.”

SEC. 13. A new section, to be designated as Section 32-A, of Presidential Decree No. 269, as amended, is hereby inserted to read as follows:

“SEC. 32-A. Incentives of Electric Cooperatives. – Consistent with the declared policy of this Act, electric cooperatives which comply with the financial and operational standards set by the NEA shall enjoy the following incentives:

“(a) To be entitled to congressional allocations, grants, subsidies and other financial assistance for rural electrification;

“(b) To receive all subsidies, grants and other assistance which shall form part of the donated capital and funds of the electric cooperatives, and as such, it shall not be sold, traded nor divided into share holdings at any time. These donated capital and funds shall be appraised and valued for the sole purpose of determining the equity participation of the members: Provided, That in case of dissolution or conversion of the electric cooperative, said donated capital and funds shall be subject to escheat; and

“(c) To avail of the preferential rights granted to cooperatives under Republic Act No. 7160, otherwise known as the ‘Local Government Code of 1991′, and other related laws.

“As a further incentive, the NEA may prioritize the grant of incentives in favor of electric cooperatives that are managed effectively and efficiently and comply consistently with its mandates and directives.”

CHAPTER IV

FINAL PROVISIONS

SEC. 14. A new section, to be designated as Section 64-A, of Presidential Decree No. 269, as amended, is hereby inserted to read as follows:

“SEC. 64-A. Penalties. – Any person who willfully violates any rule or regulation promulgated pursuant to the authority granted in this Act shall, upon conviction, be punished by a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Five hundred thousand pesos (P500,000.00) or by imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court: Provided, That if the violation is committed by a juridical person, the penalty herein prescribed shall be imposed upon the official and/or employee thereof responsible for the violation: Provided, further, That if the violation is committed by a government official or employee, including those in government-owned or -controlled corporations, such person shall, in addition to the penalty provided herein, be subjected to administrative disciplinary action.”

SEC. 15. A new section, to be designated as Section 64-B of Presidential Decree No. 269, as amended, is hereby inserted to read as follows:

“SEC. 64-B. Congressional Oversight. – Upon the effectivity of this Act, the Joint Congressional Power Commission created under Section 62 of Republic Act No. 9136 shall exercise oversight powers over the implementation of this Act.”

SEC. 16. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the DOE shall, in coordination with the NEA and the CDA, and in consultation with the electric cooperatives, issue such rules and regulations as may be necessary to implement this Act.

SEC. 17. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SEC. 18. Repealing Clause. – Article 132(3) of Republic Act No. 9520 and Section 30 of Republic Act No. 9136 (EPIRA) on NEA’s authorized capital stock are hereby repealed. Any other provision of law, presidential decree, executive order, or rules and regulations inconsistent with the provisions of this Act or with the rules and regulations issued pursuant thereto are hereby repealed or modified accordingly.

SEC. 19. Effectivity. – This Act shall take effect on the fifteenth (15^th) day following its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILEPresident of the Senate

This Act which is a consolidation of Senate Bill No. 3389 and House Bill No. 6214 was finally passed by the Senate and the House of Representatives on February 4, 2013.

(Sgd.) MARILYN B. BARUA-YAPSecretary General House of Representatives

(Sgd.) EDWIN B. BELLENActing Senate Secretary

Approved: MAY 07 2013

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines

RESOURCES

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• Republic Act No. 10531, May 7, 2013

Republic Act No. 10532 -PHILIPPINE NATIONAL HEALTH RESEARCH SYSTEM - Official Gazette of the Republic of the Philippines

Republic Act No. 10532 | Official Gazette of the Republic of the Philippines

[REPUBLIC ACT NO. 10532]

AN ACT INSTITUTIONALIZING THE PHILIPPINE NATIONAL HEALTH RESEARCH SYSTEM

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

ARTICLE I

GENERAL PROVISIONS

SECTION 1. Short Title. – This Act shall be known as the “Philippine National Health Research System Act of 2013″.

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and promote the right to health of the people, instill health consciousness among them and improve the quality of life of every Filipino through health research and development initiatives.

SEC. 3. Definition of Terms. – For the purpose of this Act, the following terms shall be defined as follows:

(a) Health shall refer to a state of optimal physical, mental and social well-being and the ability to function at the individual level.

(b) Health Research Stakeholders shall refer to the national and the local public and private agencies/organizations, policymakers, the academe, medical and health societies, people’s organizations and others who are concerned with and affected by health and development.

(c) National Unified Health Research Agenda shall refer to a set of research priorities determined by the country’s stakeholders which addresses the health needs of the population vis-a-vis the health sector’s goal for universal health care. This agenda is a platform to advocate for local, national and international support.

(d) Philippine Council for Health Research and Development (PCHRD) shall refer to one of the sectoral planning councils of the Department of Science and Technology (DOST) which provides central direction, leadership and coordination in health science and technology (S&T).

(e) Philippine Health Research Ethics Board (PHREB) shall refer to the national policymaking body on health research ethics, created under DOST Special Order No. 091, which is mandated to ensure that all phases of health research shall adhere to the universal ethical principles that value the protection and promotion of the dignity of health research participants.

(f) Philippine National Health Research System (PNHRS) shall refer to a framework anchored on the principles of Essential National Health Research on inclusiveness, participation, quality, equity, efficiency and effectiveness, which connect to, and converge with, the wider health, economic, political, educational and S&T systems of the country.

(g) Regional Health Research Systems shall refer to the regional health research consortia or communities in all the regions of the country which mirror the PNHRS framework at the regional level.

(h) Research shall refer to the development of knowledge with the aim of understanding health challenges and mounting an improved response to them. This covers the full spectrum of research in five (5) generic areas of activity: (1) measuring the problem; (2) understanding its cause(s); (3) elaborating solutions; (4) translating the solutions or evidence into policy, practice and products; and (5) evaluating the effectiveness of solutions.

ARTICLE II

THE PHILIPPINE NATIONAL HEALTH
RESEARCH SYSTEM

SEC. 4. Institutionalization of the Philippine National Health Research System (PNHRS). – The PNHRS, initiated through a Memorandum of Understanding between the DOST and the Department of Health (DOH) in 2003 and 2007, is hereby institutionalized within the mandate of the PCHRD, the national coordinating body for health research.

SEC. 5. Objectives of the PNHRS. – The PNHRS aims to improve the health status, productivity and “the quality of life of Filipinos by:

(a) Ensuring that health research is linked to the health system needs;

(b) Ensuring that investments in health research yield the most benefit;

(c) Promoting good governance among health research organizations through efficient, effective, transparent and ethical health research management system;

(d) Engaging in national and international partnerships and networks for health research development; and

(e) Ensuring sustainability of resources for health research.

SEC. 6. Composition of the PNHRS. – The PNHRS shall be composed of the Governing Council (GC), the Steering Committee, the Technical Working Committees (TWC) and the Secretariat, as described in Section 9 hereof. The whole health research community shall be deemed an indispensable partner and contributor in the effort to strengthen the PNHRS. The interrelationships among these various components shall be described in the implementing rules and regulations (IRR) of this Act.

SEC. 7. The PNHRS Governing Council. – The PCHRD Governing Council, created under Executive Order (EO) No. 784 of 1982 and EO No. 128of 1987, shall be the Governing Council of the PNHRS. The PNHRS Governing Council shall be composed of the following:

(a) The Secretary of the DOST, as Chair;

(b) The Secretary of the DOH, as Co-Chair;

(c) The Chair of the Commission on Higher Education (CHED);

(d) The Chancellor of the University of the Philippines, Manila (UPM);

(e) The National Nutrition Council Executive Director;

(f) The PCHRD Executive Director; and

(g) Five (5) representatives from the private sector.

SEC. 8. Powers and Functions of the PNHRS Governing Council. – The PNHRS Governing Council shall:

(a) Set policies and directions for the PNHRS;

(b) Periodically review and approve the long-term plans and programs of the PNHRS;

(c) Evaluate and approve the National Unified Health Research Agenda, and identify areas that will serve as the foci of the National Health Research Agenda;

(d) Review, approve or disapprove research programs; and

(e) Create committees as the need arises to facilitate and ensure the achievement of its objectives.

SEC. 9. The PNHRS Secretariat. – The PCHRD Secretariat, headed by an Executive Director, shall serve as the PNHRS Secretariat. The Executive Director shall be responsible for, among others, the smooth implementation of programs and projects and shall, in pursuit thereof, exercise an oversight function over the PNHRS.

The Secretariat shall provide technical and administrative support in the following areas:

(a) Research and Development Management;

(b) Institution Development;

(c) Research Information, Communication and Utilization; and

(d) Finance and Administration.

SEC. 10. Creation and Functions of the Steering Committee. – (a) The Governing Council (GC) shall create a Steering Committee, to be headed by the PCHRD Executive Director. It shall be composed of the following:

(1) The Executive Director, DOST-PCHRD;

(2) The Director, Department of Health-Health Policy Development and Planning Bureau (DOH-HPDPB);

(3) The Director, Commission on Higher Education, Office of Policy, Planning, Research and Information (CHED-OPPRI);

(4) The Executive Director, University of the Philippines, Manila-National Institutes of Health (UPM-NIH);

(5) The Director of the Social Development Services of the National Economic and Development Authority (NEDA);

(6) The Chair of the Philippine Health Research Ethics Board (PHREB);

(7) A representative from the Philippine Health Insurance Corporation (PHIC);

(8) A representative from the National Statistics Office (NSO);

(9) A representative from the Professional Regulation Commission (PRC);

(10) A representative from the Department of Transportation and Communications-Land Transportation Office (DOTC-LTO);

(11) A representative from the Department of Environment and Natural Resources-Environment Management Bureau (DENR-EMB);

(12) A representative from the local government units (LGUs); and

(13) The Chairpersons of relevant PNHRS TWC.

(b) The Steering Committee shall perform the following functions:

(1) Recommend policies to the GC;

(2) Perform oversight function on the implementation and harmonization of the PNHRS activities and the allocation of the PNHRS fund;

(3) Coordinate and harmonize the activities of the six (6) PNHRS TWC; and

(4) Monitor and report to the GC the progress of the PNHRS programs.

SEC. 11. Creation of the Technical Working Committee (TWC). – The GC shall create TWC aligned with research themes which are based on the country’s health needs and the six (6) building blocks of the World Health Organization (WHO) to attain universal health care.

The Committees shall develop and monitor their respective strategic plans. They shall work closely with the stakeholders and the Secretariat.

SEC. 12. The Philippine Health Research Ethics Board (PHREB). – The PHREB, created under DOST Special Order No. 091 s. 2006, shall ensure adherence to the universal principles for the protection of human participants in research. It shall, among other, things:

(a) Formulate and update guidelines for the ethical conduct of human health research;

(b) Develop guidelines for the establishment and management of ethics review committees and standardization of research ethics review;

(c) Monitor and evaluate the performance of institutional ethics review committees in accordance with procedures outlined in a prior agreement;

(d) Promote the establishment of functional and effective ethics review committees;

(e) Provide advice and make recommendations to the PNHRS Governing Council and other appropriate entities regarding programs, policies and regulations as they relate to ethical issues in human health research;

(f) Initiate and contribute to discourses and discussions on ethical issues in human health research; and

(g) Network with relevant local, national and international organizations.

SEC. 13. Regional Health Research Systems. – The PNHRS framework shall be mirrored in all the regions of the country, forming a network of regional research consortia. The consortium setup varies depending on the culture and resources of the region. Each regional health research system shall address concerns relating to health research agenda, development of human resource in health research, conduct of researches, dissemination of research results, research utilization, resource mobilization, leadership and management.

ARTICLE III

FINAL PROVISIONS

SEC. 14. Monitoring, Evaluation, Accountabilities and Annual Report. – Regular monitoring and evaluation mechanisms shall be done by the GC through the Secretariat to determine the accountabilities of the PNHRS to the contributing agencies. The specifics/details of monitoring, evaluation, accountabilities and annual reporting shall be provided for in the implementing rules and regulations of this Act.

SEC. 15. Implementing Rules and Regulations. — The DOST-PCHRD, the DOH, the CHED and the UPM-NIH shall promulgate the implementing rules and regulations of this Act within sixty (60) days after the effectivity hereof.

SEC. 16. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 17. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 18. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in any newspaper of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILEPresident of the Senate

This Act which is a consolidation of Senate Bill No. 3399 and House Bill No. 6735 was finally passed by the Senate and the House of Representatives on February 4, 2013.

(Sgd.) MARILYN B. BARUA-YAPSecretary General House of Representatives

(Sgd.) EDWIN B. BELLENActing Senate Secretary

Approved: MAY 07 2013

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines

RESOURCES

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• Republic Act No. 10532, May 7, 2013