Friday, October 5, 2007
Bill - Hon. Marvin Luna
Youth CONGRESS OF THE PHILIPPINES
THIRTEENTH CONGRESS
First Regular Session
HB. No.__________
BY Representative Marvin Luna
An act prohibiting use of public/ government ambulance to other purposes aside to the nature of its purpose and regulating the commissioning of public ambulances thus providing penalties to authorities found guilty thereof..
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Definition of Terms. – As used in 1 this Act, the following
Terms shall mean:
(a) “Government ambulance” refers to a vehicle equipped with
emergency life-saving devices and equipment and properly designated as such,
used to carry or transport seriously sick or injured persons or patients in
emergency situations requiring immediate medical treatment to a medical
facility or from one medical facility to another; or for diagnostic or therapeutic
treatment where, by the nature of the patient’s sickness or injury, conveyance
by ambulance is necessary. These are acquired using government funds or
donated for government use, regardless of source.
(b) “Emergency” refers to a condition or state of patient wherein based
on the objective findings of a prudent medical officer on duty for the day, there
is immediate danger on the life of the patient where delay in initial support and
treatment may cause loss of life or permanent disability to the patient.
SEC. 2. Duties of Local Chief Executives. – (a) It shall be the duty of
any local chief executive having temporary custody of any government
ambulance, donated or otherwise, to deliver or cause 1 the delivery of the same
to the intended beneficiary without unnecessary delay.
(b) It shall also be the duty of local chief executives assigned with any
government ambulance to appoint at least one regular driver for each
ambulance and ensure that a sufficient amount for gasoline and the
maintenance of their ambulance is appropriated every year.
SEC. 3. Prohibited Acts. – The following acts are hereby prohibited:
(a) It shall be unlawful for any public official or employee to use any
government ambulance as office service vehicle, for recreation or for personal
use or for any other purpose whatsoever inconsistent with the purposes of a
government ambulance as defined in Section 1 of this Act;
(b) It shall be unlawful for any public official or employee to use any
government ambulance in the transportation of patients not in emergency
situation unless another ambulance is available to respond to any emergency;
or when no other means of transportation is available which non availability is
jointly certified under oath by the patient or any of his/her relatives or
guardians and the responsible officer in charge of the ambulance other than the
driver; or when the nature of the patient’s sickness or injury, though not life
threatening, makes necessary his/her transportation by ambulance;
(c) It shall be unlawful for any public officer or employee to allow the
use of any government ambulance by individuals or entities for private use, for
a fee or not;
(d) It shall be unlawful for any public officer or employee to refuse the
use of any government ambulance by any patient entitled to the use of the same
as provided in this Act due to the patient’s inability to pay any fee collected for
its use; or discriminate in its use on account of religious beliefs, gender,
economic status, political affiliations or whatever cause contrary to law, public
policy or good customs;
(e) It shall be unlawful for any public officer or employee to paint over
or allow the painting over of any government ambulance to circumvent the
provisions of this Act; and
(f) It shall be unlawful to use deceptive measures such as sirens,
printing the word “ambulance” on the vehicle’s body, etc., of any privately
owned or government-owned vehicle to make it appear as an ambulance.
SEC. 4. Exceptions to the Prohibited Acts. – The provisions of Section
notwithstanding, the following use of any government ambulance in non
emergency cases may be allowed:
(a) Medical outreach missions; and
(b) Other related hospital operations.
SEC. 6. Penalty Clause. – Violations of Section 2 and any of the prohibited acts enumerated in
Section 3 hereof shall be penalized by suspension from office without pay for
thirty (30) days for the first offense; six months without pay for the second
offense; and termination from service with forfeiture of retirement benefits and
perpetual disqualification from public service for the third offense.
If any violation of any of the prohibited acts be committed with the
knowledge or participation of the local chief executive and/or the responsible
health officer in case of LGUs, or the head of hospitals in case of government
hospitals, the said officials shall also be penalized with the same penalty
provided in this Act ,
SEC. 7. Implementing Rules and Regulations. – The Secretary of the
Interior and Local Government, in consultation with the secretaries of Health
and Transportation and Communications and concerned sectors shall issue
such guidelines, orders or rules and regulations as may be necessary to carry
out the provisions of this Act.
SEC. 8. Separability Clause. – If any provision of this Act or the
application of such provision to any person or circumstance is declared
unconstitutional, the remainder of this Act or the application of such provision
to other persons or circumstances shall not be affected by such declaration.
SEC. 9. Repealing Clause. – All laws, orders, decrees, proclamations,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. – This Act shall take effect after fifteen
(15) days following the completion of its publication in the Official Gazette or
in a newspaper of general circulation in the Philippines.
Approved,
Youth CONGRESS OF THE PHILIPPINES
THIRTEENTH CONGRESS
First Regular Session
HB. No.__________
BY Representative Marvin Luna
Explanatory note
In the newspapers , television and other media mediums, many articles and news about the irregularity of use of some of our public ambulances, also including vehicles tagged as “ ambulance” but used as courier not of patient and victims in emergency situation, but used as delivery and conveyor of goods whether legal or illegal. Others used ambulances in other not related work earning “extra income” leading to corruption. Thus the people whom must benefit from this often ends in various more complicated situations.
This bill seeks to regulate and pursue the common goal of the public service. Especially to the nature of the purpose of this government ambulance, transporting people in near death, any delay due to irresponsibility must be questioned and perpetrator must be penalized. Other also did not comply with the call of public service. People are deprived from this service are usually the poor who cannot afford the service of private transportation of their patients during emergency situation. This all seems as ‘regular’ to the government, particularly to the health service sector.
This bill also included the definitions of some terms and expanded the scope of imagery of how really important service the ambulance can only provide and the repercussion if not used accordingly.
Marvin LunaLabels: health
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