Article 96Supplement v1, p. 96

COMMERCIAL LAWS SUPPLEMENT

f. Issue permits to establish and operate government and

private hospitals, clinics, dispensaries, schools of nursing,

midwifery, and other paramedical courses, puericulture

centers, clinical laboratories and blood banks;

g.

Prescribe standard rates of fees for health, medical,

laboratory, and other public health services; and

h. Performs such other functions as may be provided by

law.

SECTION 4.

Authority of the Secretary . — In addition to

the powers and authority of the Secretary which are

provided by law, he is likewise empowered to promulgate

rules and regulations for the proper implementation and

enforcement of the provisions of this Code.

SECTION 5.

Authority of the Bureau of Directors . — The

Bureau Directors shall be responsible for staff activities

involving the development of plans, programs, operating

standards

and

management

techniques

in

their

respective field of assignment.

SECTION 6.

Authority of the Regional Directors . — The

Regional Directors shall administer health functions in

their

regions,

implement

policies,

standards

and

programs

involving

health services; and enforce the

provisions of this Code and the rules and regulations

promulgated by the Secretary under this Code.

SECTION 7. Authority of the Health Officers . — The health

officers shall administer health functions in areas under

their jurisdiction and enforce the provisions of this Code

and

the

rules

and

regulations

promulgated by the

Secretary under this Code.

SECTION 8. Miscellaneous Provisions . —

a.

International treaties, agreements and conventions —

The Republic of the Philippines recognizes international

treaties, agreements and conventions on public health.

Their provisions may be considered parts of this Code

provided

they

do

not

contravene

the

Constitution,

existing laws or any provision of this Code.

b. Rights and proceedings — Any proceeding which has

commenced or any right which has accrued upon the

effectivity of this Code shall not be affected by any of its

provisions. However, matters of procedure and rights

arising after the date of effectivity of this Code shall

conform to the provisions hereof.

c.

Delegation of power and assignment of duty —

Whenever a power is granted or a duty is assigned to any

public health officer in this Code, the power may be

exercised by a deputy or agent of the official pursuant to

law, unless it is expressly provided otherwise in this Code.

d. Language required — Any notice, report, statement or

record required or authorized by this Code, shall be

written in English or Pilipino.

e.

Mailing of notices — Unless otherwise expressly

provided, any notice required to be sent to any person by

any provision of this Code, shall be sent through the

postal service. The affidavit of the official or employee

who mailed the notice is prima facie evidence that the

notice was sent as prescribed herein.

f.

Condemnation and seizure of property — When any

property is officially condemned or seized by government

authorities in the interest of public health, the owner

thereof shall not be entitled to compensation.

g.

Command responsibility — When a duty is expressly

vested in a health officer as provided in this Code, it shall

be understood that it shall likewise be the concern of the

superiors of the health office under the principle of

command responsibility.

CHAPTER II Water Supply

SECTION 9. Prescribed Standards and procedures . —

Standards for drinking water and their bacteriological

and chemical examinations, together with the evaluation

of results, shall conform to the criteria set by the National

Drinking Water Standards. The treatment of water to

render

it

safe

for

drinking,

and

the

disinfection of

contaminated

water

sources

together

with

their

distribution

systems

shall

be

in

accordance

with

procedures prescribed by the Department.

SECTION 10. Jurisdiction of the Department . —

The

approval

of

the

Secretary

or

that

of

his

duly

authorized representative is required in the following

cases:

a. Sites of water sources before their construction;

b.

Delivery of water to consumers from new or recently

repaired water systems;

c.

Operation of a water system after an order of closure

was issued by the Department;

d.

Plans

and

specifications

of

water

systems

of

subdivisions and projects prior to the construction of

housing units thereat; and

e. Certification of potability of drinking water.

SECTION 11. Types of Water Examinations Required . —

The following examinations are required for drinking

water:

a.

Initial examination. — The physical, chemical and

bacteriological

examinations

of

water

from

newly

constructed systems or sources are required before they

are operated and opened for public use. Examination of

water for possible radio-active contamination should also

be done initially.

b. Periodic examination — Water from existing sources is

subject

to

bacteriological

examination

as

often

as

possible but the interval shall not be longer than six

months, while general systematic chemical examination

shall

be

conducted

every

12

months

or

oftener.

Examination of water sources shall be conducted yearly

for possible radioactive contamination.

SECTION 12. Examining Laboratories and Submission of

Water Samples . —

The examination of drinking water shall be performed

only

in

private

or

government

laboratories

duly

accredited by the Department. It is the responsibility of

operators

of water systems to submit to accredited

laboratories water samples for examination in a manner

and at such intervals prescribed by the Department.

SECTION 13. Other Protective Measures . —

To

protect

drinking

water

from

contamination,

the

following measures shall be observed:

a.

Washing clothes or bathing within a radius of 25

meters from any well or other source of drinking water is

prohibited.

b. No artesians, deep or shallow well shall be constructed

within 25 meters from any source of pollution.

c.

No radioactive sources or materials shall be stored

within a radius of 25 meters from any well or source of

drinking

water

unless

the

radioactive

source

is

adequately and safely enclosed by proper shielding.

d. No person charged with the management of a public

water supply system shall permit any physical connection

between its distribution system and that of any other

water supply, unless the latter is regularly examined as to

its quality by those incharge of the public supply to which

the connection is made and found to be safe and potable.

e. The installation of booster pump to boost water direct

from the water distribution line of a water supply system,

where low-water pressure prevails is prohibited.

CHAPTER III Food Establishment

SECTION 14. Sanitary Permit . —

a. No person or entity shall operate a food establishment

for public patronage without securing a permit from the

local health office. The term "food establishment" as used

in this chapter means an establishment where food or

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