Framework for Acceptance, Management, Distribution and Delivery of Medicines, Equipment and Supplies Donated to the National Government or DOH for Addressing the COVID-19 Situation

March 31, 2020

ADMINISTRATIVE ORDER NO. 27

ESTABLISHING A FRAMEWORK FOR THE ACCEPTANCE, MANAGEMENT, DISTRIBUTION AND DELIVERY OF ALL MEDICINES, MEDICAL EQUIPMENT AND SUPPLIES, AND OTHER HEALTH PRODUCTS DONATED TO THE NATIONAL GOVERNMENT OR THE DEPARTMENT OF HEALTH FOR ADDRESSING THE COVID-19 SITUATION

WHEREAS, Proclamation No. 922 (s. 2020) declared a State of Public Health Emergency throughout the country due to COVID-19, and enjoined all government agencies and local government units (LGUs) to render full assistance and cooperation, and mobilize the necessary resources to undertake critical, urgent and appropriate responses and measures to curtail and eliminate the COVID-19 threat;

WHEREAS, Section 2 of Republic Act (RA) No. 11469, or the "Bayanihan to Heal as One Act," declared a State of National Emergency over the entire country in view of the continuing rise of confirmed cases of COVID-19, the serious threat of the pandemic to the health, safety, security and lives of our countrymen, and the severe disruption of economic activities;

WHEREAS, Section 4 (j) of RA No. 11469 authorized the President, as a temporary emergency measure, to ensure that the donation, acceptance, and distribution of health products intended to address the COVID-19 public health emergency are not unnecessarily delayed, and that health products for donation duly certified by the regulatory agency or their accredited third countries with established regulations shall automatically be cleared;

WHEREAS, RA No. 10121 or the "Philippine Disaster Risk Reduction and Management Act of 2010," established the Office of Civil Defense (OCD), which has the primary mission of administering a comprehensive national civil defense and disaster risk reduction and management program, and is tasked, among others, to create an enabling environment for substantial and sustainable participation of civil society organizations, private groups, volunteers, and communities;

WHEREAS, there is an imperative need to properly consolidate and manage all donations of medicines, medical equipment and supplies, and other health products to address COVID-19, whether given to the National Government as a whole or to the Department of Health (DOH) specifically, and assist the latter in the efficient and expeditious delivery of assistance to the public during the State of National Emergency;

WHEREAS, Section 7 (c) RA No. 6713 or the "Code of Conduct and Ethical Standards for Public Officials and Employees," prohibits public officials and employees from soliciting or accepting, directly or indirectly, any gift, gratuity or anything of monetary value from any person in the course of their official duties; and

WHEREAS, the government recognizes that the outpouring of donations of medical supplies and other medical products, including crucial personal protective equipment (PPEs) and basic necessities such as food to support health workers in the public sector deal with the COVID-19 pandemic, are acts that are not intended to gain favors or to influence government action but are acts of altruism and generosity of Filipinos, non-government entities, foreign nationals, and foreign governments;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Consolidation of Donations in the OCD. — All donations to the National Government or the DOH of medicines, medical equipment and supplies, and other health products intended to address the COVID-19 situation, whether received or accepted from foreign governments, private entities, non-governmental organizations, or any group or individual, shall be coordinated with and transmitted to the OCD for consolidation.

Direct donations of the same classes of goods, from any of the same donors, to other departments, bureaus, offices, state colleges or universities (SUCs), government-owned or -controlled corporations (GOCCs), or government hospitals or medical facilities shall continue to be allowed without need of consolidation in the OCD. Such donations, however, shall be immediately reported by these recipient agencies and instrumentalities to the OCD in connection with the authority of the latter to allocate assets under Section 2 of this Order.

SECTION 2. Inventory and Allocation of Donations. — The OCD is hereby directed to prepare an inventory of all the donations to the National Government and to DOH that would be consolidated under the above section, and to coordinate with the DOH, the Department of Social Welfare and Development, the Department of Labor and Employment, or any other relevant agency, as well as the Inter-Agency Task Force for the Management of Emerging Infectious Diseases in the Philippines created under Executive Order No. 168 (s. 2014), in the determination of which health facilities, beneficiary groups or establishments in the country, public or private, are in need thereof.

The OCD shall similarly keep a record of the direct donations reported by the recipient agencies and instrumentalities pursuant to the above section, and take the same into consideration when assessing the need of such recipient agencies for further assistance from the OCD. Provided that, if deemed necessary to ensure the attainment of the declared national policy under RA No. 11469, and subject to the approval of the Presidential Adviser on Peace, Reconciliation and Unity pursuant to his oversight powers under Section 4 of this Order, the OCD may reallocate such direct donations received by the other agencies, to other health facilities, beneficiary groups or establishments in the country, public or private, in greater need thereof.

SECTION 3. Distribution and Logistical Support. — The Department of National Defense shall provide the necessary logistical support to the OCD for the immediate consolidation, distribution, and delivery of the donated medicines, medical equipment and supplies, and other health products to the identified beneficiary facilities, groups or establishments.

SECTION 4. Oversight. — The Presidential Adviser on Peace, Reconciliation and Unity, as the designated Chief Implementer of the country's declared national policy against COVID-19, is hereby directed to oversee the abovementioned consolidation, management, inventory, recording and distribution of donations, and ensure the efficient and expeditious distribution of assistance to the public.

SECTION 5. Agency Support. — All relevant departments and agencies of the government are directed to ensure expedited operational procedures for the processing of importations and entry of foreign donations intended to address the COVID-19 situation, in accordance with existing laws and regulations.

The Food and Drug Administration, and all other agencies concerned with the certification and regulation of donated medicines, medical supplies and equipment, and other health products are directed to adopt expedited procedures for their respective accreditation or clearance, in accordance with RA No. 11469.

All other departments, bureaus, offices, agencies and instrumentalities of the National Government, including SUCs and GOCCs, are hereby directed, and all LGUs are enjoined to render all the necessary assistance to the OCD for the effective implementation of this Order.

SECTION 6. Reporting. — The OCD is hereby directed to render a weekly report to the Office of the President through the Executive Secretary, on the actions taken relative to the implementation of this Order.

SECTION 7. Direct Donations of Nominal Value. — The foregoing provisions do not apply to direct donations of perishable goods such as food items, and goods of nominal value such as accommodation, transportation to and from their residence and workplace, and other basic necessities for the use and consumption of public officials or employees who are health workers for purposes of dealing with COVID-19, including those working at the frontlines in the implementation of the community quarantine and ensuring the flow of critical goods, within the duration of the present State of Calamity. Such direct donations, whether solicited or not, shall continue to be allowed.

SECTION 8. Separability. — If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

SECTION 9. Repeal. — All orders, rules and regulations, or other issuances or any part thereof inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 31st day of March, in the year of Our Lord, Two Thousand and Twenty.