Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic
The Department of Health (DOH) issued Administrative Order No. 2021-0022 to establish guidelines for the facilitation and management of donations to the health sector during the COVID-19 pandemic. This order aims to streamline procedures for the assessment, approval, shipping, clearance, and distribution of both cash and in-kind donations, ensuring they align with existing laws and regulations. It applies to all individuals and organizations involved in donation processes related to COVID-19 and outlines specific roles for various DOH offices in managing these donations. Furthermore, it emphasizes the importance of documenting potential conflicts of interest, particularly concerning donations from the tobacco industry, to maintain transparency and accountability. The order took effect immediately upon publication.
Quick Answers
- What is Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic about?
- The Department of Health (DOH) issued Administrative Order No. 2021-0022 to establish guidelines for the facilitation and management of donations to the health sector during the COVID-19 pandemic. This order aims to streamline procedures for the assessment, approval, shipping, clearance, and distribution of both cash and in-kind donations, ensuring they align with existing laws and regulations. It applies to all individuals and organizations involved in donation processes related to COVID-19 and outlines specific roles for various DOH offices in managing these donations. Furthermore, it emphasizes the importance of documenting potential conflicts of interest, particularly concerning donations from the tobacco industry, to maintain transparency and accountability. The order took effect immediately upon publication.
- What type of law is DOH Administrative Order No. 2021-0022?
- Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic (DOH Administrative Order No. 2021-0022) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic enacted?
- Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic (DOH Administrative Order No. 2021-0022) was enacted on Mar 1, 2021.
- What is the citation for Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic?
- Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic, DOH Administrative Order No. 2021-0022, Mar 1, 2021 (Philippines)
Law Information
- Reference Number
- DOH Administrative Order No. 2021-0022
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Department of Health
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 1, 2021
DOH ADMINISTRATIVE ORDER NO. 2021-0022
| SUBJECT | : | Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic |
I. RATIONALE
On January 30, 2020, the World Health Organization (WHO) declared the rapidly-evolving outbreak of COVID-19 as a Public Health Emergency of International Concern and was further declared as a pandemic by WHO on March 11, 2020. Prior to that, on March 8, 2020, Proclamation No. 922 was issued by President Rodrigo Duterte, which declared a state of Public Health Emergency due to COVID-19 throughout the Philippines. As a result, the country has been receiving numerous offers of assistance in the form of donations, both in cash and in kind, either from local or foreign donors. HTcADC
The Department of Health (DOH), as the lead agency in the country's COVID-19 response, is therefore tasked to facilitate and manage foreign and local donations and other development assistance in support to the pandemic response. During this time, the DOH is guided by its Administrative Order (AO) No. 2007-0017, entitled "Guidelines on the Acceptance and Processing of Foreign and Local Donations During Emergency and Disaster Situations." However, other related laws and issuances were also enacted after the declaration of the State of Public Health Emergency to help expedite and facilitate the entry of health and health-related products needed for the COVID-19 response.
Further, other relevant law and issuances enacted or issued after 2007 provided for rules which have pertinent effect on the facilitation and management of donations during the current COVID-19 response, such as Republic Act (RA) No. 10865 or the "Customs Modernization Tariff Act" and RA No. 10963 or the "Tax Reform for Acceleration and Inclusion Law," among others. Thus, in order to realign with relevant laws and issuances regarding donations of health and health related products during this pandemic, the Department hereby issues these guidelines to be able to adequately respond to the demands relative to the facilitation and management of foreign and local donations during the COVID-19 response.
II. OBJECTIVE
This Order shall provide a rational and systematic procedure for the assessment, approval, shipping, clearance, tax exemption, delivery and inspection, management, distribution, monitoring and reporting of foreign and local donations specifically for the COVID-19 response of the Department.
III. SCOPE AND COVERAGE
This Order shall apply to all individuals, organizations and institutions, both public and private, and all levels of government engaged in the initiation, facilitation, and management of all donations during the COVID-19 pandemic.
This Order shall only cover assistance, either cash or in-kind that are donated for the purpose of the government's COVID-19 response.
IV. DEFINITION OF TERMS
A. In-kind Donations — refer to non-cash donated products, including, but not limited to medicines, vaccines, ventilators, Personal Protective Equipments (PPEs), and medical vehicles, for donation which is further classified as foreign or local depending on the origin of the product.
• Foreign Donations — refer to cash and in-kind donations that are coming from outside the country, regardless of the nationality of the donor, that still need to undergo clearance from the Bureau of Customs (BOC).
• Local Donations — refer to cash and in-kind donations that are purchased locally, are already in-country, and have already undergone prior clearances from the BOC and the Food and Drug Administration (FDA).
B. Cash Donations — refer to monetary assistance or financial grants, whether from foreign or local sources, that are intended by the donor to be used for the purposes of the government's COVID-19 response.
V. GENERAL GUIDELINES
A. All donations intended for the COVID-19 response, both local and foreign in origin, shall be accepted based only on the actual needs expressed and screened by the Department, rather than being donor-driven.
B. In-kind donations may be in the form of, but not limited to, face masks including N-95 masks, shoe covers, gloves, head covers, gowns, goggles, face shields, COVID-19 diagnostic test kits, alcohol, hand sanitizers, ventilators, respirators and their respective accessories, and respiratory therapy devices that may be identified to address the current COVID-19 emergency situation. Vaccines including those listed in the World Health Organization Emergency Use Listing, investigational drugs, unregistered drugs or medicines may also be included as in-kind donations, subject to the pertinent rules and regulations of the FDA.
C. Cash donation proposals may be accepted by the DOH and shall be utilized specifically for COVID-19 response, according to the assessed needs and subject to the usual government accounting and auditing rules and regulations.
D. All offers for local and foreign donations during the COVID-19 response shall be coursed through the Bureau of International Health Cooperation (BIHC), which shall serve as the focal point and over-all coordinator for all donations intended for the DOH.
E. All donors shall submit complete documentary requirements and shall declare absence of conflict of interest, such as those from the tobacco or milk industry.
F. All donations shall have target recipients and intended allocation prior to its acceptance.
G. All in-kind donations shall require formal acceptance by the DOH prior to its shipment or delivery. Two tiers of approval prior to acceptance shall be employed by the DOH based on technical specifications and intended allocation (see Annex A).
H. Generally, the signing and approval of the Deed of Donation and Deed of Acceptance for all foreign and local donations shall be the Secretary of Health as Head of the Agency, but this may be delegated through the issuance of a Department Personnel Order authorizing a representative/s to sign/accept in his/her behalf.
I. Only in-kind donations consigned to the DOH shall be facilitated. All incoming donations for COVID-19 shall be processed strictly on a per transaction basis.
J. A clear, explicit consignment arrangement on who shall shoulder duties and taxes and all other costs to be incurred like brokerage, storage fees and demurrages shall be established before the shipment or delivery is made.
K. All exemptions from import taxes and customs duties for DOH consigned donations shall be facilitated pursuant to relevant existing laws and regulations at the time of processing. Distribution of donated COVID-19 commodities shall follow the guidelines as specified by Department Order 2020-0792, "Guidelines on the Distribution of Personal Protective Equipment (PPE), Testing Kits and Other Laboratory Supplies and Equipment for Health Facilities and Laboratories providing Health Service to Suspected, Probable, and Confirmed Cases of COVID-19."
L. All donated health and health-related products and other assistance that are not intended for the COVID-19 public health emergency response shall be covered under AO No. 2020-0001 entitled "Guidelines in the Importation, Facilitation and Management of Foreign Donations involving Health and Health-Related Products." Likewise, all donations that are for non-COVID-19 emergencies shall be covered under AO No. 2007-0017 entitled "Guidelines on the Acceptance and Processing of Foreign and Local Donations During Emergency and Disaster Situations."
VI. SPECIFIC GUIDELINES
The COVID-19 donations facilitated by the DOH shall be classified as either in-kind or cash donations. In-kind donations are further categorized as either foreign or local based on the identified source of donation. Specific guidelines for each category of donations are provided below.
A. Foreign Donations
1. The process for foreign donations includes the following steps: assessment, approval, allocation, shipment, clearance, delivery, inspection, monitoring, reporting and documentation. A summary of these steps can be seen in Annex B.
2. Generally, all donated products with expiration dates must have a shelf-life of at least twelve (12) months on the date of its arrival in the country. However, vaccines that have a shelf-life less than four (4) months on the date of its arrival may still be acceptable for donation on a case to case basis depending on the evaluation of the technical office concerned. Additionally, vaccines that are included under the WHO "Emergency Use Listing (EUL)" may be accepted.
3. All COVID-19 vaccine donations shall secure an approved EUA or Compassionate Special Permit (CSP) application from the FDA prior to acceptance. For vaccines without an approved EUA or CSP, the PHST shall assist potential donors in their application process. aScITE
B. Local Donations
The process for local donations shall include the following steps: assessment, approval, allocation, delivery, inspection, monitoring, reporting and documentation. A summary of these steps can be seen in Annex C.
C. Cash Donations
1. The AFMT shall assess cash donation proposals as to its acceptability and inform the donor of either its acceptance or rejection.
2. All accepted cash donations shall be properly recorded and accounted for by the AFMT, subject to the usual government accounting and auditing rules and regulations. A summary of the process for cash donations can be found in Annex D.
VII. ROLES AND FUNCTIONS OF DOH INSTRUMENTALITIES
The following are the roles and functions of the different DOH offices and other relevant attached agencies in terms of the facilitation and acceptance of COVID-19 donations.
A. The Office of the Chief of Staff (OCS) shall:
1. Provide, revise, and/or approve allocation of all donated medical equipment that were evaluated and approved by the HFEP.
2. Ensure that the allocation of all donated medical equipment are responsive to the needs of the hospitals.
3. Oversee the allocation of all donated new and investigational drugs that shall be used for outside clinical trials.
4. Assist in monitoring of the medical equipment and provide feedback to the BIHC regarding donated items that are malfunctioning, if any.
5. Assist in monitoring of new drugs, investigational drugs, and vaccines for outside clinical trials and provide feedback to the BIHC regarding donated items that are malfunctioning, if any.
B. The Bureau of International Health Cooperation (BIHC) shall:
1. Act as the Overall Coordinator for the facilitation of both foreign and local donations for COVID-19.
2. Assess pre-arrival documents submitted by donors for completeness according to the Foreign and Local Donations Checklist Pre-Arrival Documents (see Annexes E and F).
3. Ensure the accomplishment of Declaration of Interest (see Annex G) for DOH Department Memorandum 2020-0156.
4. Endorse the Section A documents to the appropriate technical office for evaluation and allocation.
5. Inform donors of the DOH's acceptance as guided by the recommendations of the relevant technical offices.
6. Request documents listed in Foreign Donations Checklist Shipping Documents from the donor once the donation has been accepted by the DOH and facilitates the signing of the Deed of Acceptance.
7. Coordinate with the Health Policy and Systems Development Team (HPSDT) on relevant donation concerns such as, but not limited to, guidance on diplomatic and health policy issues related to foreign and local donations.
8. Forward to the Financial Management Section the technical specifications of donations which do not have a price labelling.
9. Keep records of documentation and photos of the delivery upon the donor's request.
10. Maintain a database of all delivered donations and submit this to HPSDT (daily) for monitoring and PSCMT (semi bi-monthly) for monitoring, analysis, and comparison with the receipts versus counter-checking with actual deliveries. Copy furnish the Financial Management Service (FMS) (semi-monthly) of the database for recording purposes in the books of the agency.
11. Inform donors of any discrepancies on declared items for donation versus actual deliveries for resolution.
C. The Public Health Services Team (PHST) shall:
1. Through the The Disease Prevention and Control Bureau (DPCB):
a. Provide allocation of donated pharmaceutical products, personal protective equipment, and other COVID-19 commodities.
b. Assist in monitoring of the pharmaceutical products and provide feedback to the BIHC, if any.
c. Provide and approve the allocation of donated kits, extraction kits and testing machines that were evaluated and approved by the RITM.
d. Assist in monitoring of the donated testing kits, extraction kits, and testing machines and provide feedback to the BIHC regarding donated items that are currently malfunctioning.
e. Provide and approve the allocation of donated COVID-19 vaccines that were evaluated and approved by the FDA.
2. Apply for EUA or CSP for donated COVID-19 vaccines on behalf of donors.
D. The Administration and Financial Management Team (AFMT) shall:
1. Oversee the realignment of budget should there be financial constraints for expenses such as, but not limited to, brokerage and demurrage fees, Customs clearance, etc.
2. Facilitate cash donation proposals subject to the usual government accounting and auditing rules and regulations.
3. Through the Financial Management Service (FMS) shall:
a. Facilitate processing of payment of all donation-related expenses such as but not limited to brokerage fees, etc.
b. Maintain records, thru electronic New Government Accounting System (eNGAS), of the donation-related financial transactions.
E. The Food and Drug Administration (FDA) shall:
1. Implement regulation related to accepted donations, specifically vaccines, investigational drugs, and other drugs that are not yet registered in the Philippines.
2. Provide technical assistance on the evaluation of donated items.
3. Through the Center for Food Regulation and Research (CFRR):
a. Provide technical assessment and approval of allocation for donations proposals on traditional and alternative medicines such as but not limited to, herbal teas, food supplements, etc.
b. Provide allocation for donated traditional and alternative medicines.
c. Receive donations of traditional and alternative medicines on behalf of the Department.
F. The Health Facilities Enhancement Program (HFEP) shall:
1. Act as the recommending and approving office for technical specifications of donation proposals for medical equipment.
2. Coordinate the list of approved and allocated medical equipment with Health Facilities and Infrastructure Development Team (HFIDT).
G. The Health Technology Assessment Council (HTAC) shall:
1. Upon the request of technical offices, provide supplementary assessment and recommendation for new and investigational drugs, and new health technologies that may aid the DOH's COVID-19 response.
H. The Pharmaceutical Division (PD) shall:
1. Check the technical specifications of donated pharmaceutical products based on set criteria
2. Act as the recommending and approving office for technical specifications of donation proposals for pharmaceutical products.
3. Coordinate the list of approved and allocated pharmaceutical products with the Health Regulation Team (HRT).
4. Assist in monitoring the inventory of donated medicines distributed in rural health units, DOH-retained hospitals, city health offices and provincial health offices through the deployed Public Health Pharmacists in the region.
I. The Philippine Institute of Traditional and Alternative Healthcare (PITAHC) shall:
1. Provide feedback to the BIHC through the Acknowledgment Receipt for In-Kind Donations and photos, if any.
2. Assist in monitoring of the traditional and alternative medicines and provide feedback to the BIHC, if any.
J. The Procurement Supply Chain Management Team (PSCMT) shall:
1. Act as the designated representative of the Secretary of Health for signing of Deeds of Acceptance and Deeds of Donations for both foreign and local donations except for donated COVID-19 vaccines.
2. Through the Supply Chain Management Service (SCMS): HEITAD
a. Receive the Foreign Donations Checklist Shipping Documents (Annex D) and the signed Deed of Acceptance (see Annex I) from the BIHC.
b. Prepare the documents listed in Foreign Donations Checklist Tax Exemption Documents (see Annex D) as deemed necessary.
c. Forward all the relevant documents to the designated broker for processing of the Customs Clearance and Tax Exemption of all foreign donations and monitor all the stages of the process.
d. Coordinate and troubleshoot problems with the designated broker on the processing of documents for incoming donations.
e. Receive donations identified to be delivered at the Office of Civil Defense (OCD), Camp General Aguinaldo, Quezon City.
f. Prepare the necessary equipment, area and space to receive incoming donations.
g. Prepare necessary storage conditions for the incoming deliveries of laboratory materials, testing kits, and other laboratory equipment.
h. Appoint necessary personnel to receive the deliveries and counter-check records of donated items versus actual deliveries.
i. Ensure proper inventory of the goods and provide feedback to the BIHC through documentation and photos.
j. Coordinate with the Field Implementation and Coordination Team (FICT) for the delivery and distribution of donated items to DOH Regional hospitals and offices as deemed necessary.
k. Coordinate with logistics partners nominated by the donor.
l. Assist in monitoring of the PPE's and provide feedback to the BIHC, if any.
K. The Research Institute Tropical Medicine (RITM) shall:
1. Act as the approving office for technical specifications and allocations of donation proposals for laboratory/testing kits, extraction kits and testing machines for donation.
2. Oversee the distribution of donated testing kits, extraction kits and testing machines to other DOH-approved laboratories nationally.
3. Appoint necessary personnel to receive the deliveries as may be identified.
4. Provide feedback to the BIHC through documentation and photos.
VIII. APPLICABILITY OF ADMINISTRATIVE ORDER NO. 27 OF THE OFFICE OF THE PRESIDENT
The pertinent provisions of the Administrative Order 27, s. 2020 Establishing a Framework for the Acceptance, Management, Distribution, and Delivery of all Medicines, Medical Equipment and Supplies, and other Health Products Donated to the Nation signed March 31, 2020 shall apply suppletorily in the absence of applicable provision in this AO. Ensure that the donated medicines, medical supplies and equipment, and other health products to address the COVID-19 disease shall be coordinated with the Office of Civil Defense (OCD) for consolidation.
IX. SEPARABILITY CLAUSE
In the event that any provision or part of this Order is declared unauthorized or rendered invalid by any court of law, those provisions not affected by such declaration shall remain valid and effective.
X. EFFECTIVITY
This Order shall take effect immediately following its complete publication in a newspaper of general circulation and upon filing with the University of the Philippines Law Center (or UP-ONAR) of three (3) certified copies of this Order.
(SGD.) FRANCISCO T. DUQUE III, MD, MScSecretary of Health
ANNEX A
Approving Authority for Allocations
|
Type of Donation |
Technical Specification Approving Authority |
Allocation Approving Authority |
|
1. Laboratory/Testing Kits |
Research Institute for Tropical Medicine |
Public Health Services Team |
|
2. Medical Equipment |
Health Facilities Enhancement Program |
Office of the Chief of Staff |
|
3. Medicines |
Pharmaceutical Division |
Public Health Services Team-Disease Prevention and Control Bureau |
|
4. Traditional Medicines |
Philippine Institute of Traditional and Alternative Health Care |
Health Regulation Team-Philippine Institute of Traditional and Alternative Health Care |
|
5. New Drugs, Investigational drugs |
Pharmaceutical Division-Health Technology Assessment Health Regulation Team |
Health Regulation Team-Clinical Trial Drugs-Principal Investigator
Office of the Chief of Staff-Outside Clinical Trial |
|
6. Vaccines |
Food and Drug Administration * |
Public Health Services Team |
|
7. Masks, Medical Coveralls, other PPE's |
Disease Prevention and Control Bureau |
Public Health Services Team-Disease Prevention and Control Bureau |
ANNEX B
Processes for Foreign Donations
B.1: Process Flow of Facilitation for Foreign Donations
B.2: Foreign Donation Assessment Process
B.3: Foreign Donation Shipping, Clearance, Delivery, and Inspection
B.4: Foreign Donations Management, Distribution, Monitoring, and Reporting
B.5: Steps in the Processing of Foreign Donations
1. All donors are required to submit a letter of intent and other relevant documentation listed in Annex D. ATICcS
2. Upon submission of documentary requirements, offers of donations shall be assessed by the BIHC for correctness and completeness. Additional documents may be requested as necessary and incomplete documents shall not be processed.
3. If requirements are complete, subsequent endorsement/s to relevant DOH offices for approval as to technical assessment and allocations shall be done. Approving authorities and technical offices are enumerated in Annex A.
4. Once a decision has been made as to the acceptability of the donation, the BIHC informs the donor of either acceptance or rejection of the donation.
5. For approved and accepted donations, the BIHC requests for pertinent shipping documents (see Annex E) from the donor and facilitates the signing of the Deed of Donation and Acceptance. Sample legally cleared templates of Deed of Donation and Deed of Acceptance template can be seen in Annex H and Annex I respectively. For other formats of the above legal documents, legal clearance may be secured from the DOH Legal Service.
6. Upon receipt of the shipping documents, the BIHC shall check and assess the document for correctness and completeness in accordance with the checklist. After which, the BIHC shall forward/transmit the documents to the SCMS who in turn shall transmit them to the existing DOH contracted broker for the computation of customs duties, taxes and other related importation charges.
7. Once the documents are found in order, the BIHC shall forward these to the existing DOH contracted broker for the facilitation of tax exemption and customs clearance. Additional documents may be required on a case-to-case basis.
8. Upon receipt of the computation of customs, taxes, and other importation charges, the DOH contracted broker shall prepare the payment documents and forward to the concerned offices for processing and remittance through the Land Bank of the Philippines. The DOH contracted broker shall follow-up on the payment process in order to facilitate the issuance of the customs clearance for the release of the donated items.
9. Upon issuance of the customs clearance, the DOH contracted broker shall deliver the donated items to the warehouses of the Office of Civil Defense (OCD) for the inspection and acceptance by the designated Inspection and Acceptance Report (IAR). However, vaccines shall be delivered to the cold room storage facilities of either RITM, SCMS or the Third Party Logistic Provider (3PL) who could provide end-to-end services.
10. The OCD with assistance of the SCMS staff currently assigned at Camp Crame shall store the donated items and vaccines in their warehouses and DOH-specific cold room storage. The SCMS shall notify the intended recipient/s based on the allocation list from the Program/End-user for vetting and final approval of the OCD. Accordingly, the Property Transfer Receipt shall be prepared and distribution shall be through the OCD.
11. The SCMS shall prepare monthly inventory reports including receipt and distribution status of all donated items coursed through the DOH, whether foreign and local, copy-furnishing OSEC, BIHC, Programs/End-Users, and other concerned offices.
ANNEX C
Processes for Local Donations
C.1: Process Flow of Facilitation for Local Donations
C.2: Local Donation Assessment Process
C.3: Local Donation Delivery and Inspection
C.4: Local Donation Management, Distribution, Monitoring, and Reporting
C.5: Steps in the Processing of Local Donations
1. All donors shall be required to submit a letter of intent and other relevant documents listed in Annex F.
2. Upon submission of documentary requirements, offers of donations shall be assessed by the BIHC for correctness and completeness. Additional documents may be requested as necessary and incomplete documents shall not be processed.
3. If requirements are complete, subsequent endorsement/s to relevant DOH offices for approval as to technical assessment and allocations shall be done. Approving authorities and technical offices are the same as with foreign donations, as enumerated in Annex A.
4. Once a decision has been made as to the acceptability of the donation, the BIHC shall inform the donor of either acceptance or rejection of the donation.
5. Once accepted and endorsed, the donor shall submit the delivery documents (see Annex F) to the BIHC.
6. Upon receipt of the delivery documents, the BIHC shall assess the documents for correctness and completeness in accordance with the checklist.
7. Once documents are complete, the BIHC instructs the donor of the designated facility and schedules for the delivery of the donated items.
8. The BIHC shall then forward the complete documents to the SCMS for inspection and acceptance at the OCD warehouse by the Inspection and Acceptance Committee including the preparation and signing of the Inspection and Acceptance Report (IAR).
9. The OCD with assistance of the SCMS staff currently assigned at Camp Crame shall store the donated items in their warehouses. The SCMS shall notify the intended recipient/s based on the allocation list from the Program/End-user for vetting and final approval of the OCD. Accordingly, the Property Transfer Receipt shall be prepared and distribution shall be through the OCD.
10. The SCMS shall prepare monthly inventory reports including receipt and distribution status of all donated items coursed through the DOH, whether foreign and local, copy-furnishing OSEC, BIHC, Programs/End-Users, and other concerned offices.
ANNEX D
Process Flow for Cash Donations
D.1: Steps in Processing Cash Donations
1. A Letter of Intent shall be submitted by potential donors to the BIHC. Additional pertinent documents may be requested as necessary.
2. Once received, the BIHC shall endorse the offer to the Administrative and Financial Management Team (AFMT), for their assessment and approval.
ANNEX E
Foreign Donations Documents Checklist
ANNEX F
Local Donations Checklist
ANNEX G
Declaration of Interest Form based on Department Memorandum No. 2020-0156
March 16, 2020
DOH DEPARTMENT MEMORANDUM
| FOR | : | ALL UNDERSECRETARIES, ASSISTANT SECRETARIES, DIRECTORS OF BUREAUS, SERVICES AND CENTERS FOR HEALTH DEVELOPMENT; EXECUTIVE DIRECTORS OF SPECIALTY HOSPITALS, CHIEF OF MEDICAL CENTERS AND HOSPITALS; HEADS OF ATTACHED AGENCIES, AND OTHERS CONCERNED |
| SUBJECT | : | Submission of Declaration of Interest (DOI) relative to the acceptance of donations, assistance and partnerships in compliance with the Civil Service Commission-Department of Health Joint Memorandum Circular 2010-01 |
This is to reiterate the Civil Service Commission-Department of Health Joint Memorandum Circular 2010-01 on the Protection of the Bureaucracy Against Tobacco Industry Interference.
Given the recent developments relative to the measures undertaken to address the pandemic Corona Virus Disease 2019 (COVID-19), donations and assistance are being accepted by the government from various development and health partners.
In view hereof, all government officials and employees are reminded that no donations or assistance from the tobacco industry must be made, in strict compliance with the CSC-DOH JMC 2010-01 (copy enclosed) particularly Section 3 thereof providing for seven (7) prohibitions:
3.1 Unnecessary Interaction with the Tobacco Industry
3.2 Preferential Treatment to the Tobacco Industry
3.3 Accepting Gifts, Donations and Sponsorships
3.4 Financial Interest in the Tobacco Industry
3.5 Accepting Other Favors Analogous to those mentioned above
3.6 Conflict of Interest with the Tobacco Industry
3.7 Engaging in an Occupational Activity within the Tobacco Industry
Attached in this Memorandum is the Declaration of Interest (DOI) which must be filled out by all donors, as part of the administrative requirements in all donations and partnerships.
For strict compliance.
By Authority of the Secretary of Health:
(SGD.) DR. MARIA ROSARIO S. VERGEIRE, MPH, CESO IVOIC-Undersecretary of Health
Declaration of Interest
According to the key principles of the World Health Organization-Framework Convention on Tobacco Control (WHO-FCTC) and the provisions of FCTC Art. 5.3 Guidelines, there is an irreconcilable conflict of interest between the commercial and other vested interests of the tobacco industry and those of public health. Towards these principles, the Department of Health (DOH) and the Civil Service Commission (CSC) have jointly issued the Memorandum Circular 2010-01 (Protection of the Bureaucracy against Tobacco Industry Interference) to ensure transparency and accountability among government offices when dealing with the tobacco industry.
Please check statements below that apply to your organization:
[ ] YES — The organization has a conflict of interest/s relating to the tobacco industry: I declare the following interests present and past, related to the tobacco industry. Please provide details as follow:
|
Name of Tobacco-related commercial entity |
Date/period of Involvement |
Nature of interest or relationship, and other relevant details. |
|
|
|
|
|
|
|
|
NO — The organization has no conflict of interest with the tobacco industry.
[ ] We declare that (name of organization) does not have interests, past and present, related to the tobacco industry, and I am not knowingly representing or receiving any contribution or compensation, directly or indirectly, whether financial or otherwise, from (a) any tobacco or tobacco or product manufacturer, wholesale distributor, importer, or retailer, (b) any parent, affiliate, branch, or subsidiary of a tobacco or tobacco product manufacturer, wholesale distributor, importer, retailer, or (c) front group or any individual or entity, such as an interest group, think tank, advocacy organization, lawyer, law firm, scientist, lobbyist, advertising agency, business, or foundation, that represents or works to promote the interests of the tobacco industry.
We certify that the above information is true and correct on the basis of copies of documents and records in possession:
Name of Organization: __________________________________________
Complete Address: _____________________________________________
Contact Details: ________________________________________________
Type of Donation/Details: _______________________________________
Examples of interests that need to be declared: consultancy/advisory, ownership of stocks and other forms of ownership interests, honoraria, gifts, or favors, contractual relationship, research funding, former or present employment, or being a beneficiary of such funding, submission/expression of positions in favor of the tobacco industry, a relative who has financial or other vested interest in the tobacco industry (within the 4th degree of consanguinity or affinity) or any other interests not listed here that may affect your objectivity or independence or others' perception thereof. AaCTcI
ANNEX H
Deed of Donation General Template
ANNEX I
Deed of Acceptance General Template
Cite This Law
Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic, DOH Administrative Order No. 2021-0022, Mar 1, 2021 (Philippines)
Guidelines on the Facilitation and Management of Donations to the Health Sector during the COVID-19 Pandemic, DOH Administrative Order No. 2021-0022 (Phil. 2021)
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