R.A. 9259 - AN ACT CREATING A BODY CORPORATE TO BE KNOWN AS THE LA UNION MEDICAL CENTER AND FOR OTHER PURPOSES
Republic of the Philippines
Congress of the Philippines
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
REPUBLIC ACT NO. 9259 March 02, 2004
AN ACT CREATING A BODY CORPORATE TO BE KNOWN AS THE LA UNION MEDICAL CENTER AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "The La Union Medical Center Charter."
Sec. 2. Creation of the La Union Medical Center. - There is hereby created a corporate body, for the benefit primarily of the people of the Province of La Union, to be known as the "La Union Medical Center," hereinafter referred to as the LUMC.
Sec. 3. Board of Trustees. - The LUMC shall be administered by a Board of Trustees composed of fifteen (15) members. The following members shall serve ex officio.
(a) The Governor of the Province of La Union;
(b) The Vice Governor of the Province of La Union;
(c) The Chairman of the Committee on Budget and Appropriations of the Sangguniang Panlalawigan of La Union;
(d) The Chairman of the Committee on Ways and Means of the Sangguniang Panlalawigan of La Union;
(e) The Chairman of the Committee on Health and Sanitation of the Sangguniang Panlalawigan of La Union;
(f) The Chairman of the Committee on Trade and Industry of the Sangguniang Panlalawigan of La Union;
(g) The Provincial Health Officer of the Province of La Union;
(h) The Municipal Mayor of the host Municipality of Agoo;
(i) The Regional Director of the Department of Health Region I;
(j) Two (2) representatives from the private sector, engaged in the medical profession, one coming from the first district and the other from the second district of La Union, to be appointed by the Provincial Governor with the concurrence of the Board of Trustees;
(k) Two (2) representatives from social, civic or religious sector organizations in the province, to be appointed by the Governor with the concurrence of the Board of Trustees;
(l) The President of the Liga ng mga Barangay of La Union; and
(m) The Chief of Hospital of the LUMC.
The term of the representative from the private sector and the representative from social, civic or religious sector organizations in the province shall be three (3) years.
The members of the Board of Trustees, except for the Chief of Hospital, shall serve without compensation and allowances for the entire duration of their terms. However, each member of the Board of Trustees shall be entitled to per diem for every board meeting actually attended. The Board of Trustees shall fix the amount of per diem its members may be entitled to, subject to the pertinent budgetary laws, rules and regulations on compensation honoraria and allowances.
The Governor of the Province of La Union shall serve as Chairman of the Board of Trustees and shall be its presiding officer. The Vice Governor of the Province of La Union shall sit as Vice Chairman of the Board.
A majority of eight (8) members of the Board of Trustees shall constitute a quorum to transact business. Any decision of the majority of such (8) members on matters duly presented to the Board of Trustees shall constitute a valid and binding act of LUMC, except on matters where existing laws and the by-laws, rules and regulations adopted by the Board of Trustees require a greater number.
Sec. 4. The Chief of Hospital. - The Chief of Hospital shall be the Chief Executive Officer (CEO) of the LUMC. He shall be appointed by the Provincial Governor, with the concurrence of the Board of Trustees, and shall serve for a term of four (4) years, unless sooner removed for cause, resigns, dies or is incapacitated. He shall receive regular salaries, allowances and other emoluments as may determined by the Board of Trustees. He shall, among others, recommend the appointment, removal and compensation structure of the personnel thereof, for the approval of the Board of Trustees. He shall also exercise such other powers and functions as provided in the by-laws, rules and regulations adopted by the Board of Trustees.
Sec. 5. Property of the LUMC. - The property of the LUMC shall consist of such real, personal, mixed and other type of property, now owned or reserved for, or may hereafter be given, acquired, donated, transferred or conveyed to the LUMC by the national government, its branches and instrumentalities, other local government units, any foreign government, as well as by trusts, foundations, corporations or persons, alien or domestic, in order to carry out its purposes and objectives as set forth herein.
Sec. 6. Purposes and Objectives. - The purposes and objectives of the LUMC are as follows:
(a) To establish, operate, manage and maintain a general hospital in the Province of La Union, specifically in the Municipality of Agoo, for the benefit and welfare primarily of the people of La Union;
(b) To promote and develop a center for the delivery of quality and affordable medical and surgical care to the people of La Union in particular, and Region I in general;
(c) To promote, develop and undertake a comprehensive family medicine program with emphasis on the preventive and curative aspects of health care;
(d) To develop a multi-specialty center with focus on the diagnostic and therapeutic components of difficult specialized cases;
(e) To facilitate, encourage and/or undertake the training of provincial and paramedical health care providers on the practical and scientific conduct and implementation of medical services and related activities:
(f) To promote and develop a research center for locally-based health concerns; and
(g) To extend medical services to the general public, to help prevent, relieve or alleviate afflictions and maladies of the people, especially the poor and less fortunate in life, without regard to race, creed or political belief.
Sec. 7. Powers. - For the attainment and furtherance of the above-cited purposes and objectives, the LUMC, as a body corporate acting through its Board of Trustees, shall have all the powers pertaining to a juridical person, and is therefore authorized, among others:
(a) To acquire, hold and own in any manner, property of whatever nature or description, and to dispose of such property under any mode of encumbrance or conveyance.
(b) To enter into, make, perform and carry out contracts of every kind and for any lawful purpose with any pcerson, firm, association or corporation, whether public or private, domestic or foreign;
(c) To mortgage, lease, sell, transfer, convey or otherwise dispose of its properties;
(d) To solicit and receive donations, endowments and funds in the form of contributions, whether in cash or in kind, from both the public and private sectors and from domestic or foreign sources;
(e) To open such accounts in banks and other financial institutions, and to disburse such funds or invest the same as the Board of Trustees may direct to accomplish or advance the purposes or interest of the LUMC;
(f) To invite foreign or local specialists and similar experts in various medical fields to train the personnel, trainees or residents of the LUMC;
(g) To send the personnel of the LUMC to research institutes, medical institutes or universities for advance training or observation and to attend international or regional conventions, conferences or seminars as the Board of Trustees may deemed necessary to accomplish the purposes and objectives of the LUMC;
(h) To enter into such agreements and arrangements with other medical or similar institutions, domestic or foreign, as may be deemed desirable by the Board of Trustees toward promoting the purposes and objectives of the LUMC;
(i) To adopt a set of by-laws, rules and regulations, policies, guidelines and procedures consistent with law and provisions hereof to govern the administration and operation of the LUMC; and
(j) To do all such other acts and things as are or may be necessary for or incidental to the accomplishment for the purposes and objectives of the LUMC.
Sec. 8. Program for Indigents. - The Board of Trustees shall ensure that the LUMC shall institute a program for indigent patients. The number of beds allocated for indigent patients shall not be less than twenty percent (20%) of the total number of hospital beds.
Sec. 9. Security of Tenure of Civil Service Officers and Employees of the LUMC. - The provisions of Republic Act. No. 6656, entitled: "An Act to Protect the Security of Tenure of Civil Service Officers and Employees in the Implementation of Government Reorganization," existing civil service laws, rules and regulations and other applicable laws shall apply to all officers and employees of the LUMC, except to the members of the Board of Trustees and the Chief of Hospital.
Sec. 10. Appropriations. - The provincial government shall provide the funds necessary for the start-up operations and maintenance of the LUMC.
Sec. 11. Assistance from Government Entities. - The LUMC may call upon any department, bureau, office, agency or instrumentality of the national government, including government-owned and/or-controlled corporations and local government units, for technical assistance it may need in the pursuit of its purposes and objectives.
Sec. 12. Auditing. - The books of accounts of the LUMC shall be subject to periodic audit by the Provincial Auditor of the Province of La Union.
Sec. 13. Annual Report. - The LUMC shall render to the Provincial Government of La Union an annual report of its activities and recommendations.
Sec. 14. Effect of Dissolution.- In the event the LUMC is dissolved for any reason, its property remaining at the time of such dissolution shall revert to the Provincial Government of La Union for disposition in accordance with law.
Sec. 15. Repealing Clause. - All laws, decrees, ordinances, rules and regulations, executive or administrative orders, and other presidential issuances inconsistent with this Act. are hereby repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect immediately upon its approval.
JOSE DE VENECIA JR.
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on January 20, 2003 and January 19, 2004, respectively.
OSCAR G G. YABES
ROBERTO P. NAZARENO
Approved: March 02, 2004
President of the Philippines