A RESOLUTION ENACTING THE TRADITIONAL AND ALTERNATIVE MEDICINE

ORDINANCE OF THE PROVINCE OF SOUTH COTABATO

WHEREAS, traditional and alternative medicine is embodied in Republic Act 8423, known as
Traditional and Alternative Medicine Act (TAMA) of 1997;
WHEREAS,pursuant to section 12, Article 13 of the 1987 Philippine Constitution, it is hereby
declared the policy of the State to establish and maintain an effective food and drug regulatory
system and undertake appropriate manpower development and research, responsive to the
Provinces health needs and problems;
WHEREAS, TAMA promotes and advocates the use of traditional, alternative, preventive and
curative health care system that have been proven safe, effective, cost effective and consistent
with government standards on medical practice;
WHEREAS, traditional and alternative medicines are cheaper than synthetic medicines;
WHEREAS, given the abundance of medicinal plants in the Philippines, the Province must
effectively utilize these untapped curative resources that would provide great benefits for the
People of South Cotabato;
WHEREAS, there is a need for our people to adopt a healthy lifestyle and be aware of the
existence of traditional and alternative medicines which are deemed to be effective and
affordable in preventing and healing a wide variety of diseases;
WHEREAS, with the high cost of medicine, it has been deemed that
Traditional and alternative medicine would actually not only help in solving the
concern in expensive medicines but would also give our people in South Cotabato
independence from drugs.

Thus, this ordinance is created for purposes of promoting

traditional and alternative medicine.

WHEREAS, on motion of the Hon. Romulo O. Solivio Sr., the August body:
RESOLVED, as it is resolved to enact the following ordinance:

REPUBLIC OF THE PHILIPPINES

PROVINCE OF SOUTH COTABATO
Provincial Ordinance No.______

TRADITIONAL AND ALTERNATIVE MEDICINE ORDINANCE OF SOUTH COTABATO

Author:
ROMULO O. SOLIVIO SR.
SP Member
Be it ordained by the SangguniangPanlalawigan of South Cotabato, in a regular session
assembled, THAT:

CHAPTER I
GENERAL PROVISIONS
ARTICLE I
TITLE, POLICIES, PRINCIPLES AND TERMINOLOGIES

Section 1.Title. This ordinance shall be known as the Traditional and Alternative Medicine
Ordinance of South Cotabato.
Section 2.Declaration of Policy. The Provincial Government of South Cotabato acknowledges
the importance of quality and delivery of health care to the people of South Cotabato through
the development of traditional and alternative medicine.
Therefore, in furtherance of the policies as embodied in Republic Act No. 8423,
otherwise known as the Traditional and Alternative medicine Act (TAMA) of 1997, the Province
shall promote and advocate the use of traditional, alternative, preventive and curative health
care modalities that have been proven safe, effective, cost effective and consistent with
government standards on medical practice.
Section 4.Definition of Terms. As used in this Ordinance. The following terms are defined as
follows:
a. Alternative medicine is any practice that is put forward as having the healing effects of
medicine but is not based on evidence gathered using the scientific method.
b. Traditional and alternative health care - the sum total of knowledge, skills and practices
on health care, other than those embodied in biomedicine, used in the prevention,
diagnosis and elimination of physical or mental disorder.
c. Traditional medicine - the sum total of knowledge, skills, and practice on health care,
not necessarily explicable in the context of modern, scientific philosophical framework,
but recognized by the people to help maintain and improve their health towards the
wholeness of their being, the community and society, and their interrelations based on
culture, history, heritage, and consciousness.
d. Alternative health care modalities other forms of non-allopathic, occasionally nonindigenous or imported healing methods, though not necessarily practiced for centuries
nor handed down from one generation to another. Some alternative health care
modalities include reflexology, acupressure, chiropractics, nutritional therapy, and
other similar methods.

e. Herbal medicines - finished, labeled, medicinal products that contain as active

ingredient/s serial or underground part/s of plant or other materials or combination
thereof, whether in the crude state or as plant preparations.
f.

Plant material includes juices, gums, fatty oils, essential oils, and other substances of
this nature. Herbal medicines, however, may contain excipients in addition to the active
ingredient(s). Medicines containing plant material(s) combined with chemically-defined
active substances, including chemically-defined, isolated constituents of plants, are not
considered to be herbal medicines.

g. Natural product - those foods that grow spontaneously in nature whether or not they
are tended by man. It also refers to foods that have been prepared from grains,
vegetables, fruits, nuts, meats, fish, eggs, honey, raw milk, and the like, without the use
or addition of additives, preservatives, artificial colors and flavors, or manufactured
chemicals of any sort after harvest or slaughter.
h. Manufacture - any and all operations involved in the production, including preparation,
propagation, processing, formulating, filling, packing, repacking, altering, ornamenting,
finishing, or otherwise changing the container, wrapper, or labeling of a consumer
product in the furtherance of the distribution of the same from the original place of
manufacture to the person who makes the final delivery or sale to the ultimate
consumer.
i.

Traditional healers - the relatively old, highly respected people with a profound
knowledge of traditional remedies.

j.

Intellectual property rights - is the legal basis by which the indigenous communities
exercise their rights to have access to, protect, control over their cultural knowledge and
product, including, but not limited to, traditional medicines, and includes the right to
receive compensation for it.

k. Province- refers to the Provincial Government of South Cotabato

Section 6. Mandate.Pursuant to Section 16 of Republic Act No. 7160, otherwise known

as the Local Government Code of 1991, the Provincial Government of South Cotabato shall
exercise the powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate or incidental for its efficient and effective governance, and those which
are essential to the promotion of the general welfare of its constituents as enshrined in the
1987 Constitution. Within its territorial jurisdiction, the Provincial Government shall ensure
and support among other things; programs, policies and measures geared towards the
promotion of health and safety, the enhancement of the peoples lives in a balanced ecology, the
encouragement

and

development

of

appropriate

environment-friendly

technologies,

improvement of public morals and social justice and the preservation of the comfort and
convenience of its inhabitants.
Section 10.Traditional and Alternative Learning Centers.

Every Municipality/City shall

hereby establish a learning center that will teach agriculturists, teachers, students, and health
workers on how to maintain gardens of healing plants, and its field of cultivation.
Section

11.Traditional

and

Alternative

Medicine

Display

Centers.Every

Municipality/City/barangay shall provide space for alternative medicine producers producing

products that promote, market, and develop traditional and alternative medicine.

Section 12.Accreditation of Private Extension Service Providers.

All private extension

service providers shall be accredited Traditional and Alternative Learning Center (TALC) and
other agencies authorized by law to propagate technological and technical training on
traditional and alternative medicine.
Section 13.Infrastructure, Equipment and Facilities Support. Facilities, equipment and
processing plants shall be established in the Province that would accelerate the production and
commercialization of alternative medicine.

ARTICLE II
PROMOTION OF TRADITIONAL AND ALTERNATIVE HEALTH CARE
Section 14.Traditional and Alternative Health Care Advocacy and Research Program.
The Province shall promulgate a provincial campaign to boost support for the realization of
the objectives of this Act. It shall encourage the participation of non-government
organizations in traditional and alternative health care and health related projects. South
Cotabato Government shall also formulate and implement research program on the
indigenous Philippine traditional health care practices performed by "traditional healers"
using scientific research methodologies.
Section 15. Standards for the Manufacture , Marketing and Quality Control of
Traditional Medicine . Provincial of South Cotabato, in collaboration with the Bureau of
Food and Drugs and Provincial Health Office, shall formulate standards and guidelines for
the manufacture, quality control and marketing of different traditional and alternative
health care materials and products.

ARTICLE III
MARKET DEVELOPMENT
Section 16.Designation of an Alternative Medicine Section in All Public Markets,
Malls, Supermarket and Retail Shops.

There shall be established and designated

alternative health products section in all Municipality and City Public Markets in the
province of South Cotabato to raise awareness of the products among consumers and to
provide support and access to market of health practitioners; the same shall be regulated
by the respective city/municipal internal control system.
Section

17.Traditional

and

alternative

Regulation.

Medical

practitioner/pharmacy/LGU Health in the Province of South Cotabato is encouraged to

promote and practice traditional and alternative method.
Section 18.Traditional and Alternative Registration and Certification. Every medical
practitioner/pharmacy/LGU Health implementing and promoting

the traditional and

alternative medicine shall register and certify with the Provincial Institute on traditional
and alternative Health Board to foster confidence of the consumers and enhance and trade
in alternative products.
Section 19.Market promotion.

Assistance shall be accorded to alternative medicine

producers to achieve world class quality and acceptability of products for domestic and

international markets, including support to market exposure through trade missions, and
trade fair exhibits.
Section 20.Information, Education and Communication.

Programs on consumer

information, education and communication shall be developed, pursued and intensified to

support and promote TAMA using quad media.

ARTICLE IV
INCENTIVES AND PRIVILEGES
Section 21.Incentives and Privileges. LGU/Private Sectors promoting the traditional and
alternative medicine method shall avail the privilege in exploring the linkage of traditional
and alternative medicine practices with foreign countries.
Section 22.Incentives for Manufacturers of Traditional and Alternative Health Care
Products. Manufacturers of traditional and alternative health care products like herbal
medicinal plants shall enjoy such exemptions, deductions andother tax incentives as may
be provided for under the Omnibus Investment Code, as amended.
Section 23.Traditional and Alternative Health Care Development Fund. To implement
the provisions of this Act, the province shall hereby create a Traditional and Alternative
Health Care Development Fund which shall be used exclusively for the programs and
projects.

CHAPTER III
IMPLEMENTING MECHANISM
ARTICLE I
PROVINCIAL INSTITUTE ON TRADITIONAL AND ALTERNATIVE HEALTH CARE
PROGRAM

Section 24.Provincial Institute on Traditional and Alternative Health Care Program.

There shall be a Traditional and Alternative health Care Program formulated in accordance
with the Philippine Institute on Traditional and Alternative Health Care.
Section 25.Scope and Coverage. The PTAHC shall include, but not limited to, programs,
projects, activities, promotion, personnel and facilities to ensure effective and efficient
implementation of traditional and alternative medicine in the Province.
Section 26. Review, Monitoring and Evaluation. The Provincial Government, through
the PTAHC, shall undertake periodic review, monitoring and evaluation on the
implementation of the traditional and alternative health care program.

ARTICLE II

PROVINCIAL INSTITUTE ON TRADITIONAL AND ALTERNATIVE HEALTH CARE

Section 27.Provincial Institute on Traditional and Alternative health care.There is
hereby established a body corporate to be known as the Provincial Institute of Traditional
and Alternative Health Care, hereinafter referred to as the Institute.
Section 28.Composition. The Institute may be composed of the following:
Chairman: Provincial Governor
Vice-Chairman: Author of Traditional and Alternative Medicine Act
Members:

SP Committee Chairman on Health

Permanent representatives of the following government offices:

Department of Science and Technology;
Department of Environment and Natural Resources;
Department of Agriculture;
Department of Education, Culture and Sports; and
Commission on Higher Education.

Representatives of the following industries/sectors:

One (1) physician who is engaged in the practice of traditional and

alternative health care;

One (1) member from a duly recognized academe/research institution

engaged in traditional and alternative health care research;

One (1) traditional and alternative health care practitioner who is not a

physician;

One (1) biomedical/allopathic/westem medical practitioner preferably

from the Philippine Medical Association;

One (1) member from the natural food industry and/or organic food

industry; and

One (1) member from the environmental sector organization.

Section 29.Functions.In the furtherance of its purposes and objectives, the Institute shall
have the following functions:
(a) To plan and carry out research and development activities in the areas of
traditional and alternative health care and its ultimate integration into the provincial health
care delivery system;
(b) To verify, package and transfer economically viable technologies in the
field of traditional and alternative health care, giving emphasis on the social
engineering aspects necessary for group endeavor;
(c) To provide the database for policy formulation that will stimulate and
sustain production, marketing and consumption of traditional and alternative health care
products;
(d) To organize and develop continuing training programs for physicians,

nurses, pharmacists, physical therapists, and other professional health workers and
students, as well as scientists, research managers and extension workers in the field of
traditional and alternative health care;
(e) To formulate policies that would create public awareness through
educational activities, conventions, seminars, conferences, and the like by focusing on the
promotion of healthy living for preventing diseases, thereby uplifting the health care
industry;
(f) To acquire or obtain from any governmental authority whether national or
local, foreign or domestic, or from any person, corporation, partnership, association or
other entity, such charters, franchises, licenses, rights, privileges, assistance, financial or
otherwise, and concessions as are conducive to and necessary or proper for the attainment
of its purposes and objectives;
(g) To receive and acquire from any person and/or government and private
entities, whether foreign or domestic, grants, donations and contributions consisting of
such properties, real or personal, including funds and valuable effects or things, as may be
useful, necessary or proper to carry out its purposes and objectives and administer the
same in accordance with the terms of such grants, donations and contributions, consistent
with its purposes and objectives;
(h) To serve as the coordinating center of a Provincial network of traditional and alternative
health care stations located in the different regions of the country;
(i) To formulate a code of ethics and standards for the practice of traditional
and alternative health care modalities for approval and adoption by the appropriate
professional and government agencies;
(j) To formulate standards and guidelines for the manufacture, marketing and quality
control of different traditional and alternative health care materials and products for
approval and adoption by the Bureau of Food and Drugs; and
(k) To coordinate with other institutions and agencies involved in the research of herbal
medicines;
ARTICLE III
LOCAL TECHNICAL COMMITTEE
Section 30.Local Technical Committee. For the effective implementation of this Act, all
Local government units shall establish a local technical committee.
Section 31.Composition.

The local Technical Committee shall be composed of skilled

representatives from NGOs, academe, private business engaged in traditional and

alternative medicines, medical/health care practitioners and consumers groups, among
others.
Section 32.Functions. The Provincial/City/Municipal technical committee shall provide
technical support and assistance to their respective LGU, through the Institute, in:
a. The formulation of traditional and alternative medicine plan which will form part of the
annual development, promotion and investment program of the concerned LGU; and

b. The review, consolidation and endorsement of the different traditional and alternative
modalities, plans, programs, projects and activities within the locality.

CHAPTER IV
MISCELLANEOUS PROVISIONS
ARTICLE I
SPECIAL PROVISIONS
Section 33.Tool-Packing Facility.

There shall be established and operated centralized

self-sustaining facilities and infrastructure in support to the production of alternative

medicines.
Section 34.Alternative Business Center.

There shall be established an alternative

business center in every local government unit of South Cotabato that will promote,
showcase and link South Cotabato Alternative Medicine to domestic and international
buyers.
Section 35.South Cotabato Marketing Tagline. USWAG ALTERNATIBO, USWAG SOUTH
COTABATO

shall be adopted as the marketing tagline of South Cotabato alternative

medicines, thereby positioning the province as a model and home of best traditional and
alternative medicine practices in the Philippines.

ARTICLE II
PENAL AND FINAL PROVISIONS
Section 36.Prohibited Acts.

Any person, natural or juridical, who willfully and

deliberately:
a. Obstruct the development, propagation or promotion of traditional and alternative
practices, production, sale or use of alternative medicines; and
b. Refuses without just cause to extend support and assistance required under this Act,
Republic Act No. 8423 and such other similar rules, regulations and issuances;
shall, upon conviction, be penalized a fine of P5,000 or imprisonment of not more than
one(1) year or both imprisonment and fine at the discretion of the court and in addition
thereto, forfeit the benefits granted by this ordinance.
Section 37.Applicability Clause.

All other matters not covered by this Act shall be

governed by pertinent laws, rules and issuances.

Section 38.Budgetary Provision.

The Province shall incorporate in its annual

performance budget the necessary amount to ensure the implementation of the programs,
projects and activities in the pursuance of this Act.
Section 39.Implementing Rules and Regulations. Upon the effectivity of this Act, the
provincial Governor shall constitute the technical working group (TWG) composed of the
Institute, local technical committee and selected private sectors or stakeholders, to

formulate the necessary policies, guidelines, procedures and regulations to carry out the
provisions of this Act.
Section 40.Separability Clause. If any part of this Act is declared unconstitutional, the
remaining parts not affected thereby shall continue to remain valid and effective.
Section 41.Repealing Clause. All ordinances, executive orders, rules and regulations or
parts thereof inconsistent with this act are hereby repealed or modified accordingly.
Section 42.Effectivity Clause. This Ordinance shall take effect upon publication in local
newspaper of general circulation in the Province of South Cotabato for three (3) consecutive
issues, and posting of the same in at least three (3) conspicuous public places in the
Province for a period of three (3) weeks, whichever occurs later.