Ordinance Nr.

____
Series of 2020

PROPOSED ORDINANCE
INTRODUCED BY:

HON. JOEL A. ALANGSAB AND HON. LEVY LLOYD B. ORCALES

AN ORDINANCE PROVIDING FOR A MENTAL HEALTH CARE AND WELLNESS

POLICY FOR THE CITY OF BAGUIO AND APPROPRIATING FUNDS THEREOF
WHEREAS, the World Health Organization (WHO) defines mental health as “a state of
well-being in which the individual realizes his or her own abilities, can cope with the normal
stresses of life, can work productively and fruitfully, and is able to make a contribution to his/her
community,” and it as well calls the attention of the public that mental health is more than just the
presence of a psychiatric disorder/sickness but more importantly, also redounds to a positive
condition of one’s mental well-being;
WHEREAS, Section 15 of the 1987 Philippine Constitution provides that “The State shall
protect and promote the right to health of the people and instill health consciousness among them.”
Mental illness, unlike physical defects, is something that is not so apparent to the prejudice of the
victims who may not or may be aware of the illness causing them to decay as a person, losing their
functional capabilities, lowering the productivity, remiss of their duty whether at the family or
work and economic breakdown.
WHEREAS, Republic Act Nr. 11036 otherwise known as the Mental Health Act provides
that the basic right of all Filipinos to mental health as well as the fundamental rights of people who
require mental health services shall be promoted ensuring that persons with mental health
conditions are able to fully exercise their rights without any form of discrimination and
stigmatization at work or in the community;
WHEREAS, the doctrine of parens patriae, under this doctrine, the state has the sovereign
power of guardianship over persons under disability. It is ought proper that the City government
is to provide necessary and appropriate facilities for the protection of those in need who cannot
afford and/or those who does not have any access to persons or services that can provide them
help;
WHEREAS, an exponential increase in the number of victims who suffered mental health
malfunction or illness have caused depression or worst, suicide most especially to the youth. It is
high-time for the City government to provide a balanced delivery of mental health services whether
it be on community or hospital based services competent on the psychiatric, neuropsychic and
psychological treatment appropriate or may be in line with the community and recovery-based
approaches, and the delivery of culturally-appropriate mental health care services.;
WHEREAS, Mental health is a part of the totality of a person, hence, it must be protected
and maintained with all means and with the significant intervention of the City Government of
Baguio;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Baguio, in
session duly assembled that:

Section 1. SHORT TITLE- This Ordinance shall be known as the “Mental Health Care and
Wellness Ordinance of the City of Baguio”
Section 2. POLICY- The City government of Baguio provides that this is in accordance with the
right constitutionally enshrined that invokes for the protection and promotion the right to health
and be given a sufficient, adequate, proper and timely mental illness prevention, cure and to
maintain the psychiatric, neuropsychic and psychological, mental stability of the citizens
ultimately, the community. In furtherance thereof, this is to provide a community and recovery-
based approaches, and the delivery of culturally-appropriate mental health care services.
Section 3. COVERAGE- this Ordinance shall be applied to all persons, regardless of age, sex,
religion and such other distinctions, who are in extreme need of the psychiatric, neuropsychic and
psychological mental services.
Section 4. OBJECTIVES – The objective of this Ordinance are the following:
a. Reorient and modernize the existing mental health facilities;
b. Integrate mental health care in the general health care delivery system;
c. Prevent, treat and control mental illness at all levels and rehabilitate persons with mental
disability;
d. Provide access to comprehensive health care and treatment which ensure a well-balanced
mental health program of community based and hospital care and treatment;
e. Establish a multi-sectoral joint network for the identification and prevention of mental
illness or disability and the management of mental health problems among vulnerable
groups in the population which, include those affected by overseas employment, children,
adolescents, elderly and those who are in need of special protection like survivors of
extreme life experiences and violence, among others;
f. Protect and promote the mental health of the people through a multi-disciplinary approach
that covers health, education, justice, and social welfare;
g. Institutionalize strong mental health and wellness policies within schools and universities
in the City of Baguio that would effectively cater to the needs of students as well as
teaching and non-teaching personnel who are subjected to multiple factors affecting mental
stability;
h. Strengthen and improve referral mechanisms to state institutions for the efficient and
immediate delivery of mental health services; and
i. Fortify the rehabilitation and recovery services for all residents of Baguio including those
Persons Deprived of Liberty (PDL) as needed.
Section 5. DEFINITION OF TERMS - For purposes of this Ordinance, these terms are defined
as follows:
a. Allied professionals - refer to any trained or certified non-psychiatric physician, social
worker, nurse, occupational therapist, counselor, priest, minister, pastor, nun, trained or
certified non-psychiatric individual or non-physician.

b. Deinstitutionalization – refers to the process of transitioning service users, including

persons with mental health conditions and psychosocial disabilities, from other institutional
and other segregated settings, to community-based setting that enable social participation
and recovery-based approaches to mental health, and individualized care in accordance
with the service user’s will and preference.
c. Mental health - refers to a state of well-being in which an individual fulfills his/her own
potential in every stage of human development at work and in relationships, in order to
cope with the day to day stresses of life and make a positive contribution to the community;

d. Mental health professionals - refer to those persons with formal education and training in
mental health and behavioral sciences, such as, but not limited to, psychiatrist,
psychologist, psychiatric nurse or psychiatric social worker;

e. Mental health workers - refer to trained volunteers and advocates engaged in mental health
promotion and services under the supervision of mental health professionals;

f. Mental illness - refers to mental or psychiatric disorder characterized by the existence of

recognizable changes in the thoughts, feelings and general behavior of an individual
brought about by neurobiological causes manifested by genetic or biochemical
abnormalities and associated medical conditions which include distress, personality
disorder, substance use dependence and mental retardation;

g. Mental disability - refers to impairments in activity limitations and individual and

participatory restrictions denoting the negative aspects of interaction between an individual
and his environment. This results from organic syndromes such as mental retardation and
acquired lesions of the central nervous system, dementia and psychotic and non-psychotic
disorders;

h. Neuropsychological evaluation - is an assessment of how one’s brain functions, which

indirectly yields information about the structural and functional integrity of your brain. The
neuropsychological evaluation involves an interview and the administration of tests
standardized to all patients;

i. Patient - refers to a person receiving mental health care and treatment or psychosocial
intervention from a mental health care facility or clinic;

j. Psychiatric care and treatment - treatment focused on the diagnosis and prevention of
mental, emotional and behavioral disorders caused by both the mental and physical aspects
of psychological problems;

k. Psychological treatment - is the use of psychological methods, particularly when based on

regular personal interaction, to help a person change behavior and overcome problems in
desired ways it aims to improve an individual's well-being and mental health, to resolve or
mitigate troublesome behaviors, beliefs, compulsions, thoughts, or emotions, and to
improve relationships and social skills;

l. Psychosocial problem - refers to a condition that indicates the existence of recognizable

changes in the individual’s behavior, thoughts and feelings brought about and closely
related to sudden, extreme and prolonged stress in the physical or social environment; and

m. Recovery-based approach – refers to an approach, intervention or treatment centered in

the strengths of a service user and involving the active participation, as equal partners in
care, of persons with lived experiences in mental health. This requires integrating a service
user’s understanding of his or her condition into any plan for treatment and recovery.
Section 6. BAGUIO CITY MENTAL HEALTH COUNCIL (BMHC) - In order to fully
approach the concern on mental health in the city of Baguio, the Baguio City Mental Health
Council (BHMC) is hereby created that would serve as the advisory-body to the city council and
may serve as a policy-making body for the implementation of community and recovery-based
approaches and shall be primarily concerned in the crafting of a Comprehensive Mental Health
Care and Wellness System.

The Mental Health Council shall be composed of allied professionals on mental health, mental
health professionals, mental health workers, local government officials and non-government
organizations for the development of an effective and culturally-sensitive that will ensure the
provision of affordable, professional and effective delivery of mental health services.

(A) COMPOSITION – the Mental Health Council (BMHC) shall be composed of the
following:
a. City Mayor : Chairperson
b. SP, Committee on Health and Sanitation, Ecology : Vice-Chairperson,
and Environmental Protection
c. City Health Services Office : Action Officer
d. SP, Committee on Social Services, Women : Member
and Children
e. SP, Committee on Youth Welfare and Sports : Member
Development
f. SP, Committee on Barangay Affairs : Member
g. Baguio General Hospital : Member
h. Office of the City Social Welfare and Development : Member
Philippine Mental Health Association (PMHA) : Member
i. Department of Education Division Office : Member
j. Persons with Disability Affairs Office : Member
k. Baguio City Police Office – Women and : Member
Children Protection Desk (BCPO-WCPD)
l. Baguio Jail and Management Penology : Member
m. Philippine Guidance and Counseling : Member
Association Inc. (Baguio Chapter)
n. One representative from non-government
organizations (NGOs) involved in mental health issues
o. One representative from private health sector

(B) FUNCTIONS – The Council shall exercise the following duties and functions:

a. Develop and integrate age-appropriate guidelines and standards pertaining to

mental health into curriculum at all educational levels both in public and private
institutions;

b. Ensure that mental health promotion in public and private educational institutions
shall be adequately complemented with qualified mental health professionals;

c. Formulate, develop, and implement community resilience and psychosocial well-

being training, including psychosocial support services during and after natural
disaster and other calamities;

d. Establish training programs necessary to enhance the capacity of mental health care
service providers in coordination with appropriate national government agencies
and other stakeholders;
 e. Review, formulate, and develop the regulations and guidelines necessary to
implement an effective mental health care and wellness policy within the City of
Baguio;

f. Integrate mental health care services in the basic health care services, and ensure
that mental health services are provided in primary health care facilities, hospitals,
jails and other private health institutions;

g. Establish, reorient, and modernize mental health care facilities necessary to

adequately provide mental health services;

h. Refer service users to mental health facilities, professionals, workers, and other
service providers for appropriate care; and

i. Establish a multi-sectoral stakeholder network for the identification, management,

and prevention of mental health conditions and such other functions necessary and
incidental with a thrust to promote, protect, maintain and rehabilitate the mental
health-related cases.

Section 7. SUICIDE PREVENTION (HELP HOTLINE) - Mental health services in the City of
Baguio shall also include mechanisms for suicide intervention, prevention, and response strategies,
with particular attention to the concerns of the youth. A twenty-four seven (24/7) hotline (help
hotline) shall be institutionalized to provide assistance to individuals with mental health
conditions, especially individuals at risk of committing suicide. Whereby such hotline shall be
incorporated in the functions of the social workers of the Office of the City Social Welfare and
Development (OCSWDO) in line with their “on-call” program for cases on violence against
women and their children.
Section 8. QUALITY OF MENTAL HEALTH SERVICES - Mental health services shall be:
a. Responsive to the clinical, gender, age, cultural and ethnic and other special needs of the
individuals being served;

b. Most appropriate and least restrictive setting;

c. Guidance and Counseling services shall be provided by licensed Guidance Counselors in

all schools may it be public and private educational institutions from basic education to
higher educational institutions;

d. All OCSWDO personnel who shall take charge of responding to the help hotline shall be
trained and capacitated prior to responding to calls; and

e. Mental Health care shall be provided by mental health professionals and workers in a
manner that ensures accountability.

Section 9. PUBLIC AWARENESS - The Baguio City Mental Health Council (BMHC) shall
initiate and sustain a heightened citywide 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 counseling, and other elements of
mental health.
Section 10. MENTAL HEALTH MONTH – In consonance with City Ordinance Nr. 24 series of
2017 the observance of mental health activities is calendared every 2nd week of October and every
year thereafter.
Section 11. COMMUNITY-BASED MENTAL HEALTH CARE – As a growing concern of
the country and the city, there is a need to deinstitutionalize mental health care services from solely
hospital-based to community-based where it will promote social participation and recovery-based
approaches through continuous human interaction.
(A) Primary Health Care – there shall be an integrated primary health care services from all
of the health centers in the city of Baguio that would include the following:

a. Capacitate all Barangay Health Workers (BHWs), nurses, midwives, and local
health center doctors to undertake mental health care orientation in close
coordination with all private and/or public hospitals in the City of Baguio that cater
to mental health care and wellness;

b. Families of identified mental health patients shall be given continuous support

services and intervention at home where such shall be provided by the City Health
Services Office in partnership with the Baguio General Hospital and the Philippine
Guidance and Counseling Association Inc.;

c. All Barangay officials including Sangguniang Kabataan (SK) officials shall

continuously advocate and promote mental health awareness through Information
Education Campaign (IECs), youth forum on mental health and other available
method that the barangay can avail of using local funds in observance with all
subsisting rules and regulations on accounting and auditing procedures;

d. An age-appropriate mental health program shall be integrated in public and private

elementary and high schools in the city of Baguio where such program shall be
formulated by their respective Guidance Counselors after due approval from the
Baguio City Mental Health Council in partnership with the Department of
Education – Division Office; and

e. Higher Educational Institutions within the jurisdiction of the City government of

Baguio shall also promote mental health care and awareness to its students.

(B) Research and Development – there shall be a research and development undertaken by the
city government in collaboration with academic institutions, mental health professionals
and non-government organizations to regularly update and enhance the Mental Health care
and wellness policy of the city.
Section 12. PERSON WITH MENTAL DISABILITY – The determination that a person has a
mental disability shall be made according to the standards of the Persons with Disabilities Affairs
Office (PDAO) and ultimately to the provisions of Republic Act Nr. 7277 or more commonly
known as the Magna Carta for Disabled Persons.
Section 13. VOLUNTARY CONSENT TO CARE – The patient, as identified, shall be given
the freedom to decide whether or not mental health care from mental health facilities is necessary.
Further, mental health practitioners shall clearly explain to them the mental health care and
wellness program of the City of Baguio prior to any decision. Provided, that the patient may be
retained for further treatment and care in case of the following observations:
a. There exists a serious likelihood of danger of harming himself or others;
b. The severity of the patient’s mental illness is likely to lead a serious deterioration in his
condition; and,
c. The appropriate treatment can only be’ done by admission to a mental health facility.
Section 14. PSYCHIATRIC TREATMENT – There shall be a psychiatric treatment available in
the City Health Services Office that shall be only limited to:
a. Coordination with drug rehabilitation centers on the care, treatment and
rehabilitation of persons suffering from drug or alcohol induced mental, emotional
and behavioral disorder; and

b. Referral system with other health, medical and social welfare programs of the city
government of Baguio and non-government organizations and private medical
institutions for programs in the prevention of mental illness and mental disabilities.

Section 15. MENTAL HEALTH FACILITY – A mental health facility shall have adequate
number of mental health professionals, workers and allied professionals which shall include ample
space to provide each patient with privacy and appropriate diagnostic and therapeutic apparatus,
regular and comprehensive treatment and medications. Every mental health facility shall be
inspected frequently by competent authorities to guarantee that the treatment conditions and care
of patients comply with these existing regulations.
Section 16. MENTAL HEALTH CARE FOR PERSONS DEPRIVED OF LIBERTY (PDL)
– Similar with the mental health care and wellness program being implemented in the schools and
the community, PDL clients shall also be given the opportunity to receive mental health care
services considering the undeniable pressure and stressors of being deprived of liberty. The Bureau
of Jail Management and Penology (BJMP) Male and Female dorm shall conduct appropriate
mental health care programs such as but not limited to counseling, recreational activities and
psychological treatment.
Section 17. CONFIDENTIALITY – All patients and clients of the City Health Services Office
and all other mental health institutions in the city shall enjoy the right to confidentiality.
Section 18. IMPLEMENTING RULES AND REGULATIONS – Within ninety (90) days from
the effectivity of this ordinance, the Office of the Local Chief Executive shall, in coordination with
the Committee, formulate the rules and regulations necessary for the effective implementation of
this ordinance.
Section 18. APPROPRIATIONS – The appropriations needed for the effective implementation
of this ordinance shall be taken from the budget of the City Heal Services Office in the mount of
Three Million Five Hundred Thousand Pesos only (Php 3,500,000.00) and every year thereafter.
However, the City Mental Health Council may increase or decrease the budget appropriation after
careful deliberation of important factors.
Section 19. SEPARABILITY CLAUSE - If any part of this Ordinance is declared not valid,
unconstitutional or unlawful, such declaration shall not affect or impair the remaining provisions,
sections or parts thereof, which shall remain or continue to be in full force and effect.

Section 20. REPEALING CLAUSE - Any Ordinance or executive order, rule or regulation
contrary to or inconsistent with the provisions of this ordinance is hereby repealed, modified or
amended accordingly.

Section 21. EFFECTIVITY CLAUSE - This Ordinance shall take effect thirty (30) days after its
publication in a local newspaper of general circulation and posting for three (3) consecutive weeks
in all conspicuous place is the City Hall or in the local bulletin board.
Respectfully forwarded to Atty. Brenner L. Bengwayan, Secretary of the Sangguniang
Panglungsod, Baguio City for inclusion in the agenda.

JOEL A. ALANGSAB LEVY LLOYD B. ORCALES

City Councilor City Councilor