R.A.

11036
MENTAL HEALTH ACT
Tapit, Shane Nicole J.
Tisado, Jenna Lesley T.
Tulay, Joana Michelle V.
MAIN POINTS OF
MENTAL HEALTH ACT
Access to mental health services
Protection against discrimination
Information dissemination/
education/ promotion of mental
health
Proper response and management
of illegal drugs problem
CHAPTER 1
General Provisions
Section 1. Short Title. - This Act shall be known as the
"Mental Health Act."

Section 2. Declaration of Policy.

Mental health is valued, promoted, and protected.
Mental health conditions are treated and prevented.
Timely, affordable, high quality, and culturally-appropriate mental health case is
made available to the public.
Mental health service are free from coercion and accountable to service users.
Persons affected by mental health conditions are able to exercise the full range of
human rights, and participate fully in society and at work free from stigmatization and
discrimination.
 SECTION 3. OBJECTIVES
a) mental health through policies, d) research
strategies, programs, and regulations e) basic health services
b) response to needs f) promotion
c) rights and freedom
 SECTION 4. DEFINITIONS
ADDICTION DRUG REHABILITATION

CARER IMPAIRMENT OR TEMPORARY

LOSS OF DECISION-MAKING
CONFIDENTIALITY
INFORMED CONSENT
DEINSTITUTIONALIZATION
LEGAL
DISCRIMINATION REPRESENTATIVES
 SECTION 4. DEFINITIONS
MENTAL HEALTH MENTAL HEALTH SERVICE

MENTAL HEALTH CONDITION MENTAL HEALTH

WORKER
MENTAL HEALTH FACILITY
PSYCHIATRIC OR
MENTAL HEALTH PROFESSIONAL NEUROLOGIC
EMERGENCY
MENTAL HEALTH SERVICE PROVIDER
 SECTION 4. DEFINITIONS
PSYCHOSOCIAL SUPPORTED DECISION MAKING
PROBLEMS

RECOVERY-BASED APPROACH

SERVICE USER

SUPPORT
 Least restrictive environment and
CHAPTER 2 manner
Rights of Service Users and Humane treatment
Other Stakeholder Access to aftercare and
rehabilitation
Rights of Service Users Access to adequate information
Against discrimination and regarding available
stigmatization multidisciplinary mental health
Full rights services
Access to evidence-based treatment Participate in metal health
Access to affordable essential health advocacy, policy planning,
and social services legislation, service provision,
Access to all levels of national monitoring, research and
healthcare system evaluation
 Informed consent
Confidentiality (except in the following
Participation in care or treatment
circumstances:)
plan
Disclose is required by law or order
Designation of legal
The service user has expressed consent
representative in case of
to disclosure
temporary decision-making
There's an emergency situation and
Send or receive uncensored
disclosure is necessary to prevent harm private communication and
or injury. receive visitors at reasonable
The mental health professional believes times.
the service user is a victim of child Legal services
abuse. Access to their clinical records
To address any dispute or controversy unless stated otherwise
involving mental health professional To file complaints of improperties
ethics, disclosure is required. or abuses in mental health care
Rights of Family Members, Carers and Legal Representatives
Receive appropriate psychosocial support from the relevant
government agencies

With the consent of the concerned service user, participate in

the formulation, development and implementation of the
service user's individual treatment plan

Apply for release and transfer of the service user to an

appropriate mental health facility

Participate in metal health advocacy, policy planning,

legislation, service provision, monitoring, research and
evaluation.
Rights of Mental Health Professionals
A safe and supportive work environment
Participate in a continuous professional development program
Participate in the planning, development, and management of
mental health services
Contribute to the development and regular review of standards for
evaluating mental health services provided to service users
Participate in the development of mental and health policy and
service delivery guidelines
Except in emergency situations, manage and control all aspects of
his or her practice, including whether or not to accept or decline a
service user for treatment
Advocate for the rights of a service user
 CHAPTER 3
TREATMENT AND CONSENT
 Service users must provide
INFORMED informed consent prior to
any plan or program of
CONSENT TO therapy or treatment,
including physical or
TREATMENT
chemical restraint, and all
persons, including service
users, person with
disabilities, and minors,
must be presumed to
possess legal capacity.
A service user may set out his her
preference in relation to
ADVANCE
treatment through a signed, DIRECT
dated, and notarized advance
directive executed for the
purpose. An advance directive
may be revoked by a new
advance directive or by a
notarized revocation.
 Functions:
Provide the service user with support
and help: represent his or her
interests; and receive medical
information about the service user in
accordance with this Act
LEGAL Act as substitute decision maker
when the service user has been
REPRESENTATIVE assessed by a mental health
professional to have temporary
impairment of decision-making
capacity
 Functions:
Assist the service user vis-a-vis the
exercise of any right provided under
this Act.
Be consulted with respect to any
treatment or therapy received by the
LEGAL service user. The appointment of a
legal representative may be revoked
REPRESENTATIVE by the appointment of a new legal
representative or by a notarized
revocation
 A person thus appointed may
decline to act as a service user's
legal representative. However, a
DECLINING AN
person who declines to continue APPOINTMENT
being a service user's legal
representative must take
reasonable steps to inform the
service user, as well as the
service user's attending mental
health professional or worker, of
such decision.
 The following should act as the service user's
representative:
Spouse
Non-minor children
Either parent by mutual consent, if the
FAILURE TO service user is a minor
APPOINT Chief, administrator, or medical director of a
mental health care facility
A person appointed by Court
A service user may designate up
to three (3) persons or
"supporters", including the
SUPPORTED
service user's legal DECISION
representative, for the purposes MAKING
of supported decision making.
Supportors must have access to
medical information, consult with
service user, and be present
during treatment or therapy.
 The Board shall be composed of the ff.:
A representative from the
Department of Health (DOH);
A representative from the CHR;
A person nominated by an
organization representing service
INTERNAL users and their families duly
accredited by the Philippine Council
REVIEW BOARD for Mental Health; and
Other designated members deemed
necessary, to be determined under
the implementing rules and
regulations (IRR).
 Functions/Power:
Regular review, monitoring, and audit
of all cases involving service users.
Inspect mental health facilities to
ensure service users are not
INTERNAL subjected to cruel, inhumane, or
degrading conditions.
REVIEW BOARD Motu propio
Take action to rectify or remedy
violations of service user rights.
Treatment or restraint is necessary
when a psychiatric or neurologic
EXCEPTIONS
emergency exists or persists. TO INFORMED
Mandatory involuntary treatment
or restraint must be in accordance
CONSENT
with guidelines approved by
authorities and documented and
subject to external monitoring and
audit by internal review boards.
CHAPTER 4 MENTAL HEALTH SERVICES

Quality of Mental Health

Services

Mental Health services provided

pursuant to this act shall be:
Based on medical and
scientific research findings
Responsive to the clinical,
gender, cultural and ethnic
and other special needs of
the individuals being served
CHAPTER 4 MENTAL HEALTH SERVICES

Quality of Mental Health

Services

Most appropriate and least

restrictive setting
Age appropriate
Provided by mental health
professionals and workers in
a manner that ensures
accountability
 Mental Health Services at the
Community Level

Primary mental health services shall be

developed and integrated as part of the
basic health services at the appropriate
level of care, particularly at the city,
municipal, and barangay level
Every local government unit (LGU) and
academic institution shall create their own
program in accordance with the general
guidelines set by the Philippine Council for
Mental Health

Community-Based Mental Health
Care Facility

There should be mental health-care facility

in the provinces, cities, and cluster
municipalities funded by the national
government through Department Of Health
(DOH
Community-Based Mental Health
Care Facility

Community-Based Mental Health Care

Facility should be based on the needs of
the population in order to provide
appropriate mental health care services
and to enhance the rights-based
approached to mental health care
Community-Based Mental Health
Care Facility

Each community-based mental health care

facility shall in addition to adequate room,
office or clinic, basic equipment and
supplies and adequate stock of medicines
appropriate at that level
 mental health
WHO ARE THE professionals
PERSON INVOLVED allied professionals
support staff
IN THE COMMUNITY trained barangay
BASED HEALTH health workers (BHWs)
volunteer
CARE FACILITY? family members of
patients or service
users
 PSYCHIATRIC, PSYCHOSOCIAL, AND
NEUROLOGIC SERVICES IN REGIONAL,
PROVINCIAL, AND TERTIARY
HOSPITALS
All regional, provincial, and tertiary hospitals, including private hospitals
rendering service to paying patients, shall provide psychiatric,
psychosocial, and neurologic services.

in-patient, hospital care in a small

psychiatric or neurologic ward for
SHORT-TERM service users exhibiting acute
psychiatric or neurologic symptoms

those exhibiting psychiatric

PARTIAL symptoms or experiencing
HOSPITAL difficulties vis-à-vis their
personal and family
CARE circumstances
 in close collaboration with existing
OUT-PATIENT mental health programs at primary
health care center in the same area

for services users with special needs as a result

HOME CARE SERVICES of, among others, long-term hospitalization,
non-compliances with or inadequacy of
treatment, and absence of immediate family
DRUG REHABILITATION
coordination with drug rehabilitation center vis-
a-vis the care, treatment, and rehabilitation of
persons suffering from addiction and other
substance-induced mental health conditions
 involves other public and private
REFERRAL SYSTEM health and social welfare service
providers, for the purpose of
expanding access to programs aimed
at preventing mental illness and
managing the condition of persons at
risk of developing mental, neurologic,
and psychosocial problems
DUTIES AND RESPONSIBILITIES OF
MENTAL HEALTH FACILITIES
Establish policies, guidelines, and
protocols for minimizing the use of
restrictive care and involuntary Inform service user of their rights under
treatment. this Act and all other pertinent laws and
regulations.

Provide every service user, whether admitted for

voluntary treatment, with complete information
regarding the plan of treatment to be
implemented.

Ensure that informed consent is obtained from

service users prior to the implementation of any
medical procedure or plan of treatment or care,
except during psychiatric or neurologic
emergencies or when the service user has
impairment or temporary loss of decision-making
capacity.
 PSYCHIATRIC, PSYCHOSOCIAL, AND
NEUROLOGIC SERVICES IN REGIONAL,
PROVINCIAL, AND TERTIARY
HOSPITALS
Ensure that legal representatives are
designated or appointed only after the
requirements of this Act and the
procedures established for the purpose
have been observed, which procedures
should respect the autonomy and
preferences of the patient as far as
possible.
DRUG SCREENING SUICIDE
SERVICES PREVENTION
Mental health services shall also include
Pursuant to its duty to provide
mechanisms for suicide intervention,
mental health service and prevention, and response strategies, with
consistent with the policy of particular attention to the concerns of the
treating drug dependency as a youth. Twenty-four seven (24/7) hotlines,
mental health issue, each local to provide assistance to individuals with
health care facility must be mental health conditions, especially
capable of conducting drug individuals at risk of committing suicide,
shall be set up, and existing hotlines shall
screening.
be strengthened.

Example: National Center for Mental Health Crisis Hotline: 0966-351-4518

PUBLIC AWARENESS The DOH and the LGUs shall
initiate and sustain a
heightened nationwide
multimedia campaign to
raise the level of public
awareness on the protection
and promotion of mental
health and rights including,
but not limited to, mental
health and nutrition, stress
handling, guidance and
counselling, and other
elements of mental health.
 CHAPTER 5
EDUCATION, PROMOTION OF MENTAL
HEALTH IN EDUCATIONAL INSTITUTIONS
AND IN THE WORKPLACE
 Psychiatry and neurology shall be
required subjects in all medical
INTEGRATION OF and allied health courses,
MENTAL HEALTH including post-graduate courses
in health
INTO THE
EDUCATIONAL Age-appropriate content
pertaining to mental health shall
SYSTEM be integrated into the curriculum
at all educational level
 Educational Institutions, such as
schools, colleges, universities, and
technical schools, shall develop
policies and programs for students,
MENTAL HEALTH educators, and other employees
PROMOTION IN designed to: raise awareness on
mental health issues, identified and
EDUCATIONAL provide support and services for
INSTITUTIONS individuals at risk, and facility access,
including referral mechanisms of
individual with metal health conditions
to treatment and psychosocial
support.
 Employers shall develop
appropriate policies and programs
MENTAL HEALTH on mental health issues, correct
PROMOTION AND the stigma and discrimination
associated with mental conditions,
POLICIES IN THE identify and provide support for
WORKPLACE individuals with mental health
conditions to treatment and
psychosocial support.
 CHAPTER 7
DUTIES AND RSPONSIBILITIES OF
GOVERNMENT AGENCIES
 The Department of health should
develop and implement a national
mental health program and create
DUTIES AND a framework for Mental Health
Awareness Program to promotes
RSPONSIBILITIES strategies regarding mental health
OF GOVERNMENT care

AGENCIES Ensure that a safe, therapeutic,

and hygienic environment with
sufficient privacy exist in all mental
health facilties
 Improve research capacity and
academic collaboration on
national priorities for research in
DUTIES AND mental health
RSPONSIBILITIES
Ensure that all public and private
OF GOVERNMENT mental health institution uphold
AGENCIES the right of patients to be
protected against torture or cruel,
inhumane, and degrading
treatment
DUTIES AND
Ensure that all health workers shall
RSPONSIBILITIES undergo human rights trainings in
OF GOVERNMENT coordination with appropriate
agencies or organizations
AGENCIES
 CHAPTER 8
THE PHILIPPINE COUNCIL FOR
MENTAL HEALTH
SEC. 39. MANDATE
The Philippine Council for Mental health, herein referred to as the
Council.

Hereby established as a policy-making planning,

coordinating and advisory body, attached to the DOH to
oversee the implementation of this Act, particularly the
protection of the rights and freedom of persons with
psychiatric, neurologic, and psychosocial needs and the
delivery of rational, unified and integrated mental health
services responsive to the needs of the Filipino people
 The Council shall exercise the following
duties;
A. Develop and periodically update, in
SEC. 40 coordination with the DOH, a national multi-
sectoral strategic plan for mental health that
DUTIES AND further operationalizes the objectives of this Act
which shall include the following:
FUNCTIONS
1. The country's target and strategies in
protecting the rights of Filipinos with
mental health needs and in promoting
mental health and the well-being of
Filipinos, as provided in this Act.
 2. The government's plan in establishing a
rational, unified and integrated service delivery
SEC. 40 network for mental health services including the
developmental health human resources and
DUTIES AND information system for mental health.
FUNCTIONS
3. The budgetary requirements and a corollary
investment plan that shall identify the sources of
funds for its implementation.
 B. Monitor the implementation of the rules and
regulations of this Act and the strategic plan for
mental health, undertake mid-term assessments
SEC. 40 and evaluations of the impact of the interventions
in achieving the objectives of this Act.
DUTIES AND
C. Ensure the implementation of the policies
FUNCTIONS provided in this Act, and issue or cause issuance of
orders, or make recommendations to the
implementing agencies as the Council considers
appropriate.
 D. Coordinate the activities and strengthen
working relationships among national government
SEC. 40 agencies, LGUs, and nongovernment agencies
involved in mental health promotion
DUTIES AND
E. Coordinate with foreign and international
FUNCTIONS organizations regarding data collection, research
and treatment modalities for persons with
psychiatric, neurologic and substance use disorder
and other addictions
 F. Coordinate joint planning and budgeting of
relevant agencies to ensure funds for programs
and projects indicated in the strategic medium-
SEC. 40 term plan are included in the agency's annual
budget.
DUTIES AND
G. Call upon other government agencies and
FUNCTIONS stakeholders to provide data and information in
formulating policies and programs, and to assist
the Council in the performance of its functions

H. Perform other duties and functions necessary

to carry out the purpose of this Act
The Council shall be composed of the ff.:
a. Secretary of DOH as Chairperson
b. Secretary of DepED
c. Secretary of DOLE SEC. 41
d. Secretary of the Department of the
Interior and Local Government (DILG)
COMPOSITION
e. Chairperson of CHR
f. Chairperson of CHED
g. One (1) from the academe/research
h. One (1) representative from medical or
health professional organizations
i. One (1) one representative from
nongovernment organizations (NGOs)
involved in mental health issues.
The members of the Council from the
government may designate their
permanent authorized representatives.
SEC. 41
COMPOSITION
Within thirty (30) days from the effectivity
of this Act, the members of the Council
from the academe/research, private sector
and NGOs shall be appointed by the
President of the Philippines from a list of
three (3) nominees submitted by the
organizations, as endorsed by the Council.
Members representing the
academe/research, private sector and
SEC. 41
NGOs of the Council shall serve for a COMPOSITION
term of three (3) years. In case a
vacancy occurs in the Council, any
person chosen to fill the position vacated
by a member of the Council shall only
serve the unexpired term of said
member.
 There shall be created in the DOH,
a Mental Health Division, under the
SEC. 42 Disease Prevention and Control
CREATION OF THE Bureau, staffed by qualified mental
health specialists and supported
DOH MENTAL with an adequate yearly budget. It
shall implement the National Mental
HEALTH DIVISION Health Program shall also serve as
the secretariat of the Council.
 CHAPTER 9
MENTAL HEALTH FOR DRUG
DEPENDENTS
SEC. 43
VOLUNTARY Persons who avail of the voluntary
submission provision and persons
SUBMISSION OF charged pursuant to Republic Act
A DRUG No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs
DEPENDENT TO Act of 2002", shall undergo an
CONFINEMENT, examination for mental health
TREATMENT, conditions and if found to have
mental health conditions, shall be
AND REHAB covered by the provision of this Act.
 CHAPTER 10
MISCELLANEOUS PROVISIONS
 Any person who commits any of the following acts
shall, upon conviction by final judgment, be
punished by imprisonment of not less than six (6)
months, but not more than two (2) years, or a fine of
SEC. 44 not less than Ten thousand pesos (P10,000.00), but
not more than Two hundred thousand pesos
PENALTY (P200,000.00), or both, at the discretion of the
CLAUSE court:
a. Failure to secure informed consent of the
service user, unless it falls under the exceptions
provided under Section 18 of this Act.
b. Violation of confidentiality of information, as
defined under Section 4(c) of this Act.
c. Discrimination against a person with mental-
health condition, as defined under Section 4(e) of
this Act.
 Administering inhumane, cruel, degrading or
SEC. 44 harmful treatment not based on medical or
scientific evidence as indicated in Section
PENALTY 5(h) of this Act.
CLAUSE If the violation is committed by a juridical
person, the penalty provided for in this Act
shall be imposed the directors, officers,
employees or other officials or persons
therein responsible for the offense.
 If the violation is committed by an alien, the
SEC. 44 alien offender shall be immediately deported
PENALTY after service of sentence without need of
further proceedings.
CLAUSE
These penalties shall be without prejudice to
the administrative or civil liability of the
offender, or the facility where such violation
occurred.
The amount needed for the initial
implementation of this Act shall be
charged against the 2018
appropriations of the DOH for the SEC. 45
following maintenance and other
operating expenses of the national APPROPRIATIONS
mental health program, capital
outlays for the development of
psychiatric facilities among selected
DOH hospitals, and formulation of
the strategic plan for mental health.
For the succeeding years, the
amount allocated for mental health
in the DOH budget and in the budget
of other agencies with specific
mandates provided in this Act shall
SEC. 45
be based on the strategic plan
formulated by the Council, in
APPROPRIATIONS
coordination with other stakeholders.
The amount shall be included in the
National Expenditure Program
(NEP) as basis for the General
Appropriations Bill (GAB).
 The Secretary of Health in coordination
SEC. 46 with the CHR, DSWD, DILG, DepED, CHED,
TESDA, DOLE, CSC and together with
IMPLEMENTING associations or organizations representing
service users and mental professionals,
RULES AND workers, and other service providers, shall
issue the IRR necessary for the effective
REGULATIONS implementation of this Act within one
hundred twenty (120) days from the
effectivity thereof.
 SEPARABILITY REPEALING
CLAUSE CLAUSE
If any provision on this Act is All laws, decrees, executive orders,
declared unconstitutional or invalid department or memorandum orders and
by a court of competent jurisdiction, other administrative issuances or parts
the remaining provisions not affected thereof which are inconsistent with the
thereby shall continue to be in full provisions of this Act are hereby
force and effect. modified, suspended or repealed
accordingly.
EFFECTIVITY
This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general
circulation.
 "NO LONGER SHALL FILIPINOS SUFFER
SILENTLY IN THE DARK. THE PEOPLE'S
MENTAL HEALTH ISSUES WILL NOW
CEASE TO BE SEEN AS AN INVISIBLE
SICKNESS SPOKEN ONLY IN WHISPERS.
FINALLY, HELP IS HERE," HONTIVEROS
ENDED.