REPUBLIC ACT NO. 4226 b.

    To prescribe standard plans for government hospital plants in

REPUBLIC ACT NO. 4226 - AN ACT REQUIRING THE consultation with the Division of Architecture, Bureau of Public
LICENSURE OF ALL HOSPITALS IN THE PHILIPPINES Works. 
AND AUTHORIZING THE BUREAU OF MEDICAL
SERVICES TO SERVE AS THE LICENSING AGENCY  c.    To approve plans for hospital plants, government or private,
  and to issue permits or authority to construct hospitals in
accordance with the provisions of this Act. 
Section 1.    This Act shall also be known as the Hospital Licensure
d.    To keep a permanent register of approved hospitals or those
Act. 
issued licenses to operate indicating the name of the hospital,
address or location, type of hospital, name of the director or
Sec. 2.    Definitions. — As used in this Act — 
administrator, ownership, number of authorized beds and bassinets
and such other pertinent data as may be necessary.
(a)    'Hospital' means a place devoted primarily to the maintenance
and operation of facilities for the diagnosis, treatment and care of
e.    To grant licenses for the operation and maintenance of
individuals suffering from illness, disease, injury or deformity, or
hospitals or revoke the same in accordance with the provisions of
in need of obstetrical or other medical and nursing care. The term
this Act. 
'hospital shall also be construed as any institution, building or place
where there are installed beds, or cribs, or bassinets for twenty-
f.    To make periodic inspection of all hospitals so as to check
four-hour use or longer by patients in the treatment of diseases,
compliance with rules and regulations legally promulgated or with
diseased-conditions, injuries, deformities, or abnormal physical and
the provisions of this Act and to make recommendations to
mental states, maternity cases, and all institutions such as those for
directors or administrators of hospitals for the correction of defects
convalescence, sanitarial or sanitarial care, infirmities, nurseries,
found during such inspections. 
dispensaries and such other names by which they may designated. 
g.    To publish yearly a list of all approved hospitals indicating the
(b)    'Government hospital' means a hospital operated and
name, location, type, authorized beds, and name of the director or
maintained either partially or wholly by the national, provincial,
administrator. 
municipal or city government or other political subdivision, or by
any department, division, board or other agency thereof. 
h.    To submit yearly reports to the Secretary of Health, the
Speaker of the House of Representatives, the President of the
(c)    'Private hospital' means one which is privately owned,
Senate and the chairmen and members of the Committees on
established and operated with funds raised or contributed through
Health of both Houses of Congress, such reports to include a list of
donations, or by private capital or other means, by private
approved hospitals indicating the name of the hospital, location,
individuals, association, corporation, religious organization, firm,
bed capacity and name of the director or administrator and make
company or joint stock association.
recommendations on hospital needs or requirements for hospital
service in certain communities that do not enjoy such hospital
(d)    'Clinic' means a place in which patients avail of medical
services. 
consultations or treatments on an out-patient basis. However, any
clinic or dispensary where there is at least six beds or cribs or
Sec. 7.    Filing of Application for Construction Permit. —
bassinets installed for twenty-four-hour use by patients shall be
Application for a permit to construct a hospital shall be submitted
construed to fall within the definition of a hospital as described in
to the Office of the Director, Bureau of Medical Services in a form
this Act. 
prescribed by the latter and accompanied by a plan of the hospital
plant proposed to be constructed. The application shall state the
(e)    'Licensee' is the person or persons granted a license to operate
name of the hospital, ownership, number of beds proposed to be
and maintain a hospital according to an approved minimum
operated, location and type of hospital to be constructed. 
standard. 
Sec. 8.    Minimum Standards of Construction. — In order that a
Sec. 3.    Construction Permit. — No hospital, government or
permit to construct a hospital can be issued the hospital plan shall
private, shall be constructed unless plans have been approved and
provide sufficient bed space for the hospital bed capacity proposed,
construction permit issued by the licensing agency as defined in
a laboratory room, an operating room, including work rooms for
this Act. 
sterilization, anesthesia preparation, etc., an X-ray or radiology
room, pharmacy, dispensary or out-patient department, delivery
Sec. 4.    Registration and license. — No hospital shall operate or
room, isolation rooms, autopsy room or morgue, sufficient quarters
be opened to the public unless it shall have been registered and a
for residents, nurses, attendants and helpers and sufficient number
license for its operation obtained from the licensing agency
of toilet facilities. 
provided in this Act. 
Wards shall be constructed such that segregation of the sexes is
Sec. 5.    Licensing Agency. — For purposes of setting standards in
observed and as far as practicable classified as to the type of cases
hospital construction and operation, the Bureau of Medical
to be confined. 
Services in addition to its present duties shall act as the licensing
agency. The Secretary of Health shall reorganize this Bureau to
Sec. 9.    Application for Registration and Issuance of License. —
include a staff of hospital architects, hospital administrators,
Application for registration of a hospital and for the issuance of a
sanitary engineers and such personnel as may be necessary to carry
license for its operation and maintenance shall be filed with the
out the purposes of this Act without necessarily increasing the
Bureau of Medical Services on a form prescribed by it.
present personnel strength of this Bureau. 
Registration may be made and license issued upon compliance with
the provisions of Section eight hereof and the rules and regulations
Sec. 6.    Powers and duties of the licensing agency. — The Bureau
prescribed by the licensing agency pursuant to the provisions of
of Medical Services, or the licensing agency shall have the
this Act. 
following powers and duties: 
SECTION 10.    Inspection. — Permit to construct a hospital or a
a.    To conduct an ocular survey of all existing hospitals in the
major portion thereof and license to operate and maintain the same
Philippines, government or private, with a view to determine their
shall be issued by the licensing agency only after a representative
fitness to operate considering their facilities and physical plant. 
of the licensing agency has conducted an ocular inspection and

1 LegMed SPECIAL LAWS-0915

certified that the applicant has satisfactorily complied with
requisites prescribed in this Act. The license to operate and Sec. 20.    Effectivity. — This Act shall take effect upon its
maintain a hospital shall be renewed every year upon payment of approval. 
the prescribed fees. 

SECTION 11.    Revocation of License. — The licensing agency

may suspend or revoke a license already issued for any of the
following grounds: (a) repeated violation by the licensee of any
provision of this Act or of any other existing law; (b) repeated
violation of rules and regulations prescribed in the implementation
of this Act; or (c) repeated failure to make necessary corrections or
adjustments required by the licensing agency in the improvement
of facilities and services. 

SECTION 12.    Hearing. — Any person, association, corporation,

or any other private entity who has been refused a license to
operate and maintain a hospital or whose license for such hospital
has been suspended or revoked shall be entitled to an
administrative hearing to be conducted by the Secretary of Health
and his two undersecretaries to determine the justifiability of such
denial, suspension or revocation of the license: provided, that the
licensee may resort to the courts, as in other cases provided by
law. 

SECTION 13.    Separate Licenses Required. — Separate licenses

shall be required for hospitals or branches thereof maintained in
separate premises, even though they are operated under the same
management: provided, however, that separate licenses shall not be
required for separate buildings in the same compound: provided,
further, that permits for construction or alteration of buildings
within the same compound shall also be secured from the licensing
agency to determine compliance with standards and requirements
herein authorized. 

SECTION 14.    License not transferable. — License for the

operation of hospitals shall not be transferable. The licensing
agency shall be notified of any change in ownership, change of
name of the hospital, and transfer of location and in the latter case,
an application for a new license should be submitted. 

SECTION 15.    Rules and Regulations. — The Bureau of Medical

Services acting as a licensing agency and subject to the approval of
the Secretary of Health, shall promulgate rules and regulations to
implement the provisions of this Act. 

SECTION 16.    Classification of Hospitals. — The licensing

agency shall study and adopt a system of classifying hospitals in
the Philippines as to: (1) general or special; (2) hospital services
capabilities; (3) size or bed capacity and (4) class of hospital
whether training or not.

SECTION 17.    Fees. — Each applicant for a permit to construct a

hospital shall pay the amount of five pesos as permit fee. A
registration fee of five pesos and an annual license fee of ten pesos
shall likewise be collected for each hospital and for each approved
license: provided, that a government hospital shall be exempt from
the payment of such fees. The amount herein collected shall be
officially receipted by the licensing agency and shall constitute as a
revolving fund for the use of the licensing agency. 

SECTION 18.    Penalties. — Any person, partnership, association,

or corporation who establishes, operates, conducts, manages or
maintains a hospital or hospital clinic within the meaning of this
Act without first obtaining a license as provided for in this Act or
violates any provision hereof shall be guilty of a misdemeanor, and
upon conviction thereof shall be liable to a fine of not more than
five hundred pesos for the first offense and not more than one
thousand pesos for each subsequent offense, and each day that the
hospital shall operate after the first conviction shall be considered a
subsequent offense. 

SECTION 19.    Repeal. — Any law or laws or parts thereof

inconsistent with the provisions of this Act are hereby repealed. 

2 LegMed SPECIAL LAWS-0915

EO 292 TITLE IX include three (3) bureaus and one (1) national office that shall be
responsible for the formulation of regulatory policies and
Section 3. Powers and Functions. - The Department shall: standards over the various areas of concern in the health sector,
(1) Define the national health policy and formulate and implement whose implementation shall be the general responsibility of the
a national health plan within the framework of the government's Department's regional field offices. The same bureaus shall also be
general policies and plans, and present proposals to appropriate responsible for those areas of activity covered by regulatory policy
authorities on national issues which have health implications; to provide the Secretary with current information on the status of
(2) Provide for health programs, services, facilities and other these regulated areas of activity and to provide the Secretary with
requirements as may be needed, subject to availability of funds a basis for preliminary evaluation of the efficiency of the
and administrative rules and regulations; Department's field offices in performing their regulatory functions.
(3) Coordinate or collaborate with, and assist local communities, The same bureaus shall conduct studies and research pertinent to
agencies and interested groups including international their areas of responsibility . In certain instances the bureaus may
organizations in activities related to health; also perform consultative, training and advisory services to the
(4) Administer all laws, rules and regulations in the field of health, practitioners and institutions in the area of regulated activity. The
including quarantine laws and food and drug safety laws; same bureaus and national office are the following:
(5) Collect, analyze and disseminate statistical and other relevant (1) Bureau of Research and Laboratories which shall develop and
information on the country's health situation, and require the formulate plans, standards and policies for the establishment and
reporting of such information from appropriate sources; accreditation and licensing of laboratories; blood banks and
(6) Propagate health information and educate the population on entities handling biological products, provide consultative,
important health, medical and environmental matters which have training and advisory services to public and private laboratories;
health implications; and conduct studies and research related to laboratory procedures
(7) Undertake health and medical research and conduct training in and operations;
support of its priorities, programs and activities; (2) Bureau of Food and Drugs which shall act as the policy
(8) Regulate the operation of and issue licenses and permits to formulation and sector monitoring arm of the Secretary on matters
government and private hospitals, clinics and dispensaries, pertaining to foods, drugs, traditional medicines, cosmetics and
laboratories, blood banks, drugstores and such other household products containing hazardous substances, and the
establishments which by the nature of their functions are required formulation of rules, regulations and standards in accordance with
to be regulated by the Department; Republic Act 3720 (1963), as amended by Executive Order No.
(9) Issue orders and regulations concerning the implementation of 175, s. 1987, and other pertinent laws for their proper
established health policies; and enforcement; prescribe general standards and guidelines with
(10) Perform such other functions as may be provided by law. respect to the veracity of nutritional and medicinal claims in the
advertisement of food, drugs and cosmetics in the various media,
Section 14. Office for Hospital and Facilities Services. - The to monitor such advertisements; advise the Department's field
Office for Hospital and Facilities Services, headed by an offices to call upon any erring manufacturer, distributor, or
Undersecretary who shall be supported by an Assistant Secretary, advertiser to desist from such inaccurate or misleading nutritional
shall include four (4) staff services involved in policy formulation, or medicinal claims in their advertising; should such manufacturer,
standards development, program monitoring and provision of distributor, or advertiser refuse or fail to obey the desistance order
specialized assistance in the operations of hospitals and the issued by the Bureau, he shall be subject to the applicable
management of facilities, which are as follows: penalties as may be prescribed by law and regulations; the Bureau
(1) Hospital Operations and Management Service which shall shall provide consultative, training and advisory services to all
formulate and implement plans, programs, policies, standards and agencies and organizations involved in food and drug
techniques related to management improvement and quality manufacturing and distribution with respect to assuring safety and
control of hospital operations; provide consultative, training and efficacy of food and drugs; conduct studies and research related to
advisory services to field offices in relation to the supervision and food and drug safety; maintain a corps of specially trained food
management of hospital components; and conduct studies and and drugs inspectors for assignment to the various field offices of
research related to hospital operations and management; the Department; while these inspectors shall be under the technical
(2) Radiation Health Service which shall formulate and implement supervision and guidance of the Bureau, they shall be under the
plans, policies, programs, standards and techniques to ensure administrative supervision of the head of the field office to which
radiation health safety; provide consultative, monitoring, training they shall be assigned, the latter being responsible for regulatory
and advisory services to private and government facilities with program implementation within the geographic area of his
radiation-emitting apparatus; and conduct studies and research jurisdiction;
related to radiation health; (3) Bureau of Licensing and Regulation which shall formulate
(3) Hospital Maintenance Service which shall formulate and policies and establish the standards for the licensing and regulation
implement plans, programs, policies, standards and techniques of hospitals, clinics and other health facilities; establish standards
related to assuring the proper maintenance of Department that shall be the basis of inspections and licensure procedures of
equipment; provide consultative, training and advisory services to the Department's field offices; and provide consultative, training
implementing agencies in relation to preservation, repair and and advisory services to field offices on the conduct of licensing
maintenance of medical and non-medical equipment of the and regulatory functions over hospitals, clinics and other health
Department; and conduct studies and research related to facilities.
equipment and facility maintenance; (4) National Quarantine Office which shall formulate and
(4) Health Infrastructure Service which shall formulate and implement quarantine laws and regulations and, through its field
implement plans, policies, programs, standards and techniques offices, exercise supervision over rat-proof zones in designated
related to development and preservation of health infrastructure; international ports and airports and over medical examination of
provide consultative, training and advisory services to aliens for immigration purposes.
implementing agencies in relation to infrastructure projects to
assure economical and efficient implementation; and conduct REPUBLIC ACT NO. 9439             April 27, 2007
studies and research related to infrastructure development and AN ACT PROHIBITING THE DETENTION OF PATIENTS
utilization. IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS
OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL
Section 15. Office for Standards and Regulations. - EXPENSES

The Office for Standards and Regulations, headed by an Be it enacted by the Senate and House of Representatives of the
Undersecretary and supported by an Assistant Secretary, shall Philippine Congress Assembled:

3 LegMed SPECIAL LAWS-0915

SECTION 1. It shall be unlawful for any hospital or medical clinic without his consent: Provided, further, That such transfer shall be
in the country to detain or to otherwise cause, directly or done only after necessary emergency treatment and support have
indirectly, the detention of patients who have fully or partially been administered to stabilize the patient and after it has been
recovered or have been adequately attended to or who may have established that such transfer entails less risks than the patient's
died, for reasons of nonpayment in part or in full of hospital bills continued confinement: Provided, furthermore, That no hospital or
or medical expenses. clinic, after being informed of the medical indications for such
SEC. 2. Patients who have fully or partially recovered and who transfer, shall refuse to receive the patient nor demand from the
already wish to leave the hospital or medical clinic but are patient or his next of kin any deposit or advance payment:
financially incapable to settle, in part or in full, their Provided, finally, That strict compliance with the foregoing
hospitalization expenses, including professional fees and procedure on transfer shall not be construed as a refusal made
medicines, shall be allowed to leave the hospital or medical clinic, punishable by this Act."
with a right to demand the issuance of the corresponding medical Section 2. Section 2 of Batas Pambansa Bilang 702 is hereby
certificate and other pertinent papers required for the release of the deleted and in place thereof, new sections 2, 3 and 4 are added, to
patient from the hospital or medical clinic upon the execution of a read as follows:
promissory note covering the unpaid obligation. The promissory "SEC. 2. For purposes of this Act, the following definitions shall
note shall be secured by either a mortgage or by a guarantee of a govern:
co-maker, who will be jointly and severally liable with the patient "(a) 'Emergency' - a condition or state of a patient wherein based
for the unpaid obligation. In the case of a deceased patient, the on the objective findings of a prudent medical officer on duty for
corresponding death certificate and other documents required for the day there is immediate danger and where delay in initial
interment and other purposes shall be released to any of his support and treatment may cause loss of life or cause permanent
surviving relatives requesting for the same: Provided, however, disability to the patient.
That patients who stayed in private rooms shall not be covered by "(b) 'Serious case' - refers to a condition of a patient characterized
this Act. by gravity or danger wherein based on the objective findings of a
SEC. 3. Any officer or employee of the hospital or medical clinic prudent medical officer on duty for the day when left unattended
responsible for releasing patients, who violates the provisions of to, may cause loss of life or cause permanent disability to the
this Act shall be punished by a fine of not less than Twenty patient.
thousand pesos (P20,000.00), but not more than Fifty thousand "(c) 'Confinement' - a state of being admitted in a hospital or
pesos (P50,000.00), or imprisonment of not less than one month, medical clinic for medical observation, diagnosis, testing, and
but not more than six months, or both such fine and imprisonment, treatment consistent with the capability and available facilities of
at the discretion of the proper court. the hospital or clinic.
SEC. 4. The Department of Health shall promulgate the necessary "(d) 'Hospital' - a facility devoted primarily to the diagnosis,
rules and regulations to carry out the provisions of this Act. treatment and care of individuals suffering from illness, disease,
SEC. 5. If any provision of this Act is declared void and injury or deformity, or in need of obstetrical or other medical and
unconstitutional the remaining provisions hereof not affected nursing care. It shall also be construed as any institution, building
thereby shall remain in full force and effect. or place where there are facilities and personnel for the continued
SEC. 6. All laws, decrees, orders, rules and regulations or part and prolonged care of patients.
thereof inconsistent with this Act are hereby repealed or amended "(e) 'Emergency treatment and support' - any medical or surgical
accordingly. measure within the capability of the hospital or medical clinic that
SEC. 7. This Act shall take effect fifteen (15) days after its is administered by qualified health care professionals to prevent
publication in two national newspapers of general circulation. the death or permanent disability of a patient.
"(f) 'Medical clinic' - a place in which patients can avail of
Republic Act No. 8344             August 25, 1997 medical consultation or treatment on an outpatient basis.
AN ACT PENALIZING THE REFUSAL OF HOSPITALS "(g) 'Permanent disability' - a condition of physical disability as
AND MEDICAL CLINICS TO ADMINISTER defined under Article 192-C and Article 193-B and C of
APPROPRIATE INITIAL MEDICAL TREATMENT AND Presidential Decree No 442; as amended, otherwise known as the
SUPPORT IN EMERGENCY OR SERIOUS CASES, Labor Code of the Philippines.
AMENDING FOR THE PURPOSE BATAS PAMBANSA "(h) 'Stabilize' - the provision of necessary care until such time
BILANG 702, OTHERWISE KNOWN AS "AN ACT that the patient may be discharged or transferred to another
PROHIBITING THE DEMAND OF DEPOSITS OR hospital or clinic with a reasonable probability that no physical
ADVANCE PAYMENTS FOR THE CONFINEMENT OR deterioration would result from or occur during such discharge or
TREATMENT OF PATIENTS IN HOSPITALS AND transfer.
MEDICAL CLINICS IN CERTAIN CASES" "SEC. 3. After the hospital or medical clinic mentioned above
shall have administered medical treatment and support, it may
Be it enacted by the Senate and House of Representatives of the cause the transfer of the patient to an appropriate hospital
Philippines in Congress assembled: consistent with the needs of the patient, preferably to a
Section 1. Section 1 of Batas Pambansa Bilang 702 is hereby government hospital, specially in the case of poor or indigent
amended to read as follows: patients.
"SECTION 1. In emergency or serious cases, it shall be unlawful "SEC. 4. Any official, medical practitioner or employee of the
for any proprietor, president, director, manager or any other hospital or medical clinic who violates the provisions of this Act
officer, and/or medical practitioner or employee of a hospital or shall, upon conviction by final judgment, be punished by
medical clinic to request, solicit, demand or accept any deposit or imprisonment of not less than six (6) months and one (1) day but
any other form of advance payment as a prerequisite for not more than two (2) years and four (4) months, or a fine of not
confinement or medical treatment of a patient in such hospital or less than Twenty thousand pesos (P20,000.00), but not more than
medical clinic or to refuse to administer medical treatment and One hundred thousand pesos (P100,000.00) or both, at the
support as dictated by good practice of medicine to prevent death discretion of the court: Provided, however, That if such violation
or permanent disability: Provided, That by reason of inadequacy was committed pursuant to an established policy of the hospital or
of the medical capabilities of the hospital or medical clinic, the clinic or upon instruction of its management, the director or officer
attending physician may transfer the patient to a facility where the of such hospital or clinic responsible for the formulation and
appropriate care can be given, after the patient or his next of kin implementation of such policy shall, upon conviction by final
consents to said transfer and after the receiving hospital or medical judgment, suffer imprisonment of four (4) to six (6) years, or a
clinic agrees to the transfer: Provided, however, That when the fine of not less than One hundred thousand pesos (P100,000.00),
patient is unconscious, incapable of giving consent and/or but not more than Five hundred thousand pesos (P500,000.00) or
unaccompanied, the physician can transfer the patient even both, at the discretion of the court."

4 LegMed SPECIAL LAWS-0915

Section 3. Section 3 of Batas Pambansa Bilang 702 is hereby to the patient, or in the case of a pregnant woman, permanent
repealed. injury or loss of her unborn child.
Section 4. Section 4 of Batas Pambansa Bilang 702 shall become "x x x
Section 5 thereof and shall be amended to read as follows: "(i) ‘Basic emergency care’ – the response to a situation where
"SEC. 5. The Department of Health shall promulgate the there is urgently required medical care and attention, and shall
necessary rules and regulations to carry out the provisions of this include procedures required for initial diagnosis, use of equipment
Act." and supplies in sufficiently addressing the emergency situation,
Section 5. This Act shall take effect fifteen (15) days after its considering the welfare of the patient. It also includes the
publication in two (2) national newspapers of general circulation. necessary medical procedures and treatment administered to a
woman in active labor to ensure the safe delivery of the newborn.
REPUBLIC ACT No. 10932 "(j) ‘Noninstitutional delivery’ – the delivery of a newborn while
in transit, outside of a health facility, after an initial consultation
An Act Strengthening the Anti-Hospital Deposit Law by was done with a health facility."
Increasing the Penalties for the Refusal of Hospitals and Section 3. Section 3 of the same Act, as amended, is hereby
Medical Clinics to Admintster Appropriate Initial Medical further amended to read as follows:
Treatment and Support in Emergency or Serious Cases, "Sec. 3. After the hospital or medical clinic mentioned above shall
Amending for the Purpose Batas Pambansa Bilang 702, have administered medical treatment and support, it may cause the
Otherwlse Known as "An Act Prohibiting the Demand of transfer of the patient to an appropriate hospital consistent with the
Deposits or Advance Payments for the Confinement or needs of the patient, especially in the case of poor or indigent
Treatment of Patients in Hospitals and Medical Clinics in patients.
Certain Cases", As Amended by Republic Act No. 8344, and "Where there is no ambulance available for use by the hospital or
for Other Purposes medical clinic for the emergency transfer of the patient to a facility
where the appropriate care shall be given, the local government
Be it enacted by the Senate and House of Representatives of the unit (LGU) where the hospital or medical clinic is located must
Philippine Congress Assembled: allow the free use of its emergency vehicle to transport the patient
Section 1. Section 1 of Batas Pambansa Bilang 702, as amended, to the hospital or medical clinic where a continuation of care shall
is hereby further amended to read as follows: be given. The hospital or medical clinic must provide a staff nurse
"Sec. 1. In emergency or serious cases, it shall be unlawful for any with advanced cardiovascular life support (ACLS) certification or
proprietor, president, director, manager or any other officer and/or its equivalent to accompany the patient in the emergency vehicle.
medical practitioner or employee of a hospital or medical clinic to "All hospitals are required to post at their entrance a notice
request, solicit, demand or accept any deposit or any other form of indicating the classification level of the hospital as licensed by the
advance payment as a prerequisite for administering basic Department of Health (DOH) and the list of medical services that
emergency care to any patient, confinement or medical treatment the hospital is authorized to perform."
of a patient in such hospital or medical clinic or to refuse to Section 4. Section 4 of the same Act, as amended, is hereby
administer medical treatment and support as dictated by good further amended to read as follows:
practice of medicine to prevent death, or permanent disability, or "Sec. 4. Any official, medical practitioner or employee of the
in the case of a pregnant woman, permanent injury or loss of her hospital or medical clinic who violates the provisions of this Act
unborn child, or noninstitutional delivery: Provided, That by shall, upon conviction by final judgment, be punished by
reason of inadequacy of the medical capabilities of the hospital or imprisonment of not less than six (6) months and one (1) day but
medical clinic, the attending physician may transfer the patient to not more than two (2) years and four (4) months, or a fine of not
a facility where the appropriate care can be given, after the patient less than One hundred thousand pesos (₱100,000.00), but not
or his next of kin consents to said transfer and after the receiving more than Three hundred thousand pesos (₱300,000.00) or both, at
hospital or medical clinic agrees to the the discretion of the court: Provided, however, That if such
transfer: Provided, however, That when the patient is unconscious, violation was committed pursuant to an established policy of the
incapable of giving consent and/or unaccompanied, the physician hospital or clinic or upon instruction of its management, the
can transfer the patient even without his consent: Provided, director or officer of such hospital or clinic responsible for the
further, That such transfer shall be done only after necessary formulation and implementation of such policy shall, upon
emergency treatment and support have been administered to conviction by final judgment, suffer imprisonment of four (4) to
stabilize the patient and after it has been established that such six (6) years, or a fine of not less than Five hundred thousand
transfer entails less risks than the patient’s continued pesos (₱500,000.00), but not more than One million pesos
confinement: Provided, furthermore, That no hospital or clinic, (₱1,000,000.00) or both, at the discretion of the court, without
after being informed of the medical indications for such transfer, prejudice to damages that may be awarded to the patient-
shall refuse to receive the patient nor demand from the patient or complainant: Provided, further, That upon three (3) repeated
his next of kin any deposit or advance payment: Provided, violations committed pursuant to an established policy of the
finally, That strict compliance with the foregoing procedure on hospital or clinic or upon the instruction of its management, the
transfer shall not be construed as a refusal made punishable by this health facility’s license to operate shall be revoked by the DOH.
Act." The president, chairman, board of directors, or trustees, and other
Section 2. Section 2 of the same Act, as amended, is hereby officers of the health facility shall be solidarily liable for damages
further amended to read as follows: that may be awarded by the court to the patient-complainant."
"Sec. 2. For purposes of this Act, the following definitions shall Section 5. New Sections 5, 6, 7 and 8 shall be inserted after
govern: Section 4 of Batas Pambansa Bilang 702, as amended, to read as
"(a) ‘Emergency’ – a condition or state of a patient wherein based follows:
on the objective findings of a prudent medical officer on duty for "Sec. 5. Presumption of Liability. - In the event of death,
the day there is immediate danger and where delay in initial permanent disability, serious impairment of the health condition of
support and treatment may cause loss of life or cause permanent the patient-complainant, or in the case of a pregnant woman,
disability to the patient, or in the case of a pregnant woman, permanent injury or loss of her unborn child, proceeding from the
permanent injury or loss of her unborn child, or would result in a denial of his or her admission to a health facility pursuant to a
noninstitutional delivery. policy or practice of demanding deposits or advance payments for
"(b) ‘Serious case’ – refers to a condition of a patient confinement or treatment, a presumption of liability shall arise
characterized by gravity or danger wherein based on the objective against the hospital, medical clinic, and the official, medical
findings of a prudent medical officer on duty for the day when left practitioner, or employee involved."
unattended to, may cause loss of life or cause permanent disability "Sec. 6. Health Facilities Oversight Board. - All complaints for
violations of this Act against health facilities shall be filed initially

5 LegMed SPECIAL LAWS-0915

with the Health Facilities Oversight Board under the Health been brought to his attention, or any nurse, midwife or medical
Facilities and Services Regulatory Bureau (HFSRB) of the DOH. attendant who shall refuse to extend the appropriate assistance,
The Board shall be composed of a DOH representative with a subject to existing rules, or neglect to notify or call a physician
minimum rank of director to serve as Chair, a representative from shall be punished by imprisonment of one month and one day to
the Philippine Health Insurance Corporation (PhilHealth), a one year and one day, and a fine of three hundred pesos to one
representative from the Philippine Medical Association (PMA), a thousand pesos, without prejudice to the provisions of Republic
representative from private health institutions, and three (3) Act Numbered Twenty-three hundred eighty-two in the case of
representatives from nongovernment organizations (NGOs) physicians.
advocating for patient’s rights and public health, one of whom
should be a licensed physician. In the case of Government hospitals, the imposition of the penalty
"The Board shall investigate the claim of the patient and after upon the person or persons guilty of the violations shall be without
adjudication. impose administrative sanctions in accordance with prejudice to the administrative action that might be proper. 
this Act including the revocation of the health facility’s
license.1awp++i1 On the basis of its own findings, the Board shall In the case of private hospitals, aside from the imposition of
also facilitate the filing of the criminal case in the proper courts. penalty upon the person or persons guilty of the violations, the
This is without prejudice to the right of the patient-complainant to license of the hospital to operate shall, whenever justified, be
directly institute criminal proceedings in the courts." suspended or revoked. 
"Sec. 7. PhilHealth Reimbursement of Basic Emergency Care. -
PhilHealth shall reimburse the cost of basic emergency care and Sec. 4.    Subject to the approval of the Secretary of Health, the
transportation services incurred by the hospital or medical clinic Bureau of Medical Services shall promulgate the necessary rules
for the emergency medical services given to poor and indigent and regulations to carry out the provisions of this Act. 
patients. Furthermore, the Philippine Charity Sweepstakes Office
(PCSO) shall provide medical assistance for the basic emergency Sec. 5.    Any law or laws or parts thereof inconsistent with the
care needs of the poor and marginalized groups." provisions of this Act is hereby repealed. 
"Sec. 8. Tax Deductions. - Other expenses incurred by the hospital
or medical clinic in providing basic emergency care to poor and Sec. 6.    This Act shall take effect upon its approval.
indigent patients not reimbursed by PhilHealth shall be tax
deductible."
Section 6. Section 5 of the same Act, as amended, shall be
renumbered as Section 9, and is hereby further amended to read as
follows:
"Sec. 9. Implementing Rules and Regulations. - The DOH, in
coordination with PhilHealth and the Bureau of Internal Revenue
(BIR), and in consultation with NGOs advocating for patients
rights and public health, shall promulgate the necessary rules and
regulations to carry out the provisions of this Act within ninety
(90) days from the effectivity thereof."
Section 7. Separability Clause. - If any part or provision of this
Act is declared unconstitutional or invalid, other parts or
provisions hereof which are not affected shall continue to be in
full force and effect.
Section 8. Repealing Clause. - All laws, decrees, executive orders,
statutes, provisions, regulations and other issuances or parts
thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 9. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

REPUBLIC ACT NO. 6615  - AN ACT REQUIRING

GOVERNMENT AND PRIVATE HOSPITALS AND
CLINICS TO EXTEND MEDICAL ASSISTANCE IN
EMERGENCY CASES

Section 1.    All government and private hospitals or clinic duly

licensed to operate as such are hereby required to render
immediate emergency medical assistance and to provide facilities
and medicine within its capabilities to patients in emergency cases
who are in danger of dying and/or who may have suffered serious
physical injuries. 

Sec. 2.    The expenses and losses of earnings incurred by a private

hospital of clinic for medicines, facilities and services beyond first
aid extended to emergency cases as required herein, and not to
exceed fifty thousand pesos per year, shall be deductible expenses
and losses for income tax purposes which may be carried over for
a period of five years, any provision of law or regulation to the
contrary notwithstanding. 

Sec. 3.    Any hospital director, administrator, officer-in-charge or

physician in the hospital, medical center or clinic, who shall refuse
or fail without good cause to render the appropriate assistance
pursuant to the requirements of section one after said case had

6 LegMed SPECIAL LAWS-0915