Penalty Clause.
SEC. 44. Penalty Clause. - 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 not less than Ten thousand pesos (P10, 000.00), but not more than Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court:
(a) Failure to secure informed consent of the service user, unless it falls under the exceptions provided under Section 13 of this Act;
(b) Violation of the confidentiality of information, as defined under Section 1(e) of this Act;
(c) Discrimination against a person with a mental health condition, as defined under Section -It's) of this Act: and
(d) Administering inhumane, cruel, degrading or harmful treatment not based on medical or scientific evidence as indicated in Section 5(b) of this Act.
If the violation is committed by a juridical person, the penalty provided for in this Act shall be imposed upon the directors, officers, employees or other officials or persons therein responsible for the offense.
If the violation is committed by an alien, the alien offender shall be immediately deported after service of sentence without need of further proceedings.
These penalties snail be without prejudice to the administrative or civil liability of the offender, or the facility where such violation occurred.
Appropriations.
SEC. 45. Appropriations.- The amount needed for the initial implementation of this Act shall lie charged against the 2018 appropriations of the DO.H for the following; maintenance and other operating expenses of the national mental health program, capital outlay 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 tor mental health in the DOH budget and in the budget of other agencies with specific mandates provided in this Act shall he hashed on the strategic plan formulated by the Council, its coordination with other stakeholders. The amount .shall he included in the National Expenditure Program (NEP) as basis for the General Appropriations Bill (GAB).
Separability Clause.
SEC. 47. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions not affected thereby shall continue to be in full force and effect.
SEC. 48. Repealing Clause . All laws, decrees, executive orders, department or memorandum orders and other administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.
Effectivity.
SEC. 49. Effectivity. - This Act. shall take effect fifteen 15 days after its publication in the Official Gazelle or in at least two (2) newspapers of general circulation.
Approved,
(SGD.) PANTALEON D. ALVAREZ
Speaker of the House of Representatives
(SGD.) AQUILINO "KOKO" PIMENTEL III
President of the Senate
This Act which is a consolidation of Senate Bill No. 1354 and House Bill No. 6452 was passed by the Senate and the House of Representatives on February 12, 2018.
(SGD.) CESAR STRAIT PAREJA
Secretary General
House of Representatives
(SGD.) LUTGARDO B. BARBO
Secretary of the Senate
Approved: JUN 20 2018
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
SEC. 56. Implementing Rules and Regulations (IRR) - The Secretary of Health, in coordination with the CHR. DSVVD, DILG, DepED, CHED, TESDA, DOLE, CSC and together with associations or organizations representing service users and mental professionals, workers, and other service providers, shall issue the IRR necessary for the effective implementation of this Act within one hundred twentv (120) days from the effectivity thereof.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
