Cabusao, Christina Mikaela B.

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5 PUBLIC HEALTH LAWS UNDER DEPARTMENT OF HEALTH

REPUBLIC ACT No. 11332

Purpose
An Act Providing Policies and Prescribing Procedures on Surveillance and Response to Notifiable Diseases,
Epidemics, and Health Events of Public Health Concern, and Appropriating Funds Therefor, Repealing for the
Purpose Act No. 3573, Otherwise Known as the "Law on Reporting of Communicable Diseases"
Function
It is hereby declared the policy of the State to protect and promote the right to health of the people and
instill health consciousness among them. It shall endeavor to protect the people from public health threats
through the efficient and effective disease surveillance of notifiable diseases including emerging and
re-emerging infectious diseases, diseases for elimination and eradication, epidemics, and health events
including chemical, radio-nuclear and environmental agents of public health concern and provide an
effective response system in compliance with the 2005 International Health Regulations (IHR) of the World
Health Organization (WHO). The State recognizes epidemics and other public health emergencies as threats
to public health and national security, which can undermine the social, economic, and political functions of
the State.

To provide sufficient funding to support operations needed to establish and maintain epidemiology and
surveillance units at the DOH, health facilities and local government units (LGUs); efficiently and effectively
investigate outbreaks and health events of public health concern; validate, collect, analyze and disseminate
disease surveillance information to relevant agencies or organizations; and implement appropriate
response;
Penalties

● Any person or entity found to have violated Section 9 of this Act shall be penalized with a fine of not
less than Twenty thousand pesos (₱20,000.00) but not more than Fifty thousand pesos
(₱50,000.00) or imprisonment of not less than one (1) month but not more than six (6) months, or
both such fine and imprisonment, at the discretion of the proper court.
● The Professional Regulation Commission shall have the authority to suspend or revoke the license to
practice of any medical professional for any violation of this Act.
● The Civil Service Commission shall have the authority to suspend or revoke the civil service
eligibility of a public servant who is in violation of this Act.
● If the offense is committed by a public or private health facility, institution, agency, corporation,
school, or other juridical entity duly organized in accordance with law, the chief executive officer,
president, general manager, or such other officer in charge shall be held liable. In addition, the
business permit and license to operate of the concerned facility, institution, agency, corporation,
school, or legal entity shall be cancelled.
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REPUBLIC ACT No. 7610

Purpose
An act providing for stronger deterrence and special protection against child abuse, exploitation and
discrimination, and for other purposes
Function

It is hereby declared to be the policy of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf
of the child when the parent, guardian, teacher or person having care or custody of the child fails or is
unable to protect the child against abuse, exploitation and discrimination or when such acts against the
child are committed by the said parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations
Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Penalties

● The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
● When the offender is a corporation, partnership or association, the officer or employee thereof who
is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
● The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an establishment which has no license to operate
or its license has expired or has been revoked;
● When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;
● The penalty provided for in this Act shall be imposed in its maximum period if the offender is a
public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or
reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be
imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the
penalty of suspension shall also be imposed; and
● A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child
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victim, or any immediate member of his family if the latter is the perpetrator of the offense.

REPUBLIC ACT No. 8344

Purpose
An act penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical
treatment and support in emergency or serious cases, amending for the purpose batas pambansa bilang
702, otherwise known as "an act prohibiting the demand of deposits or advance payments for the
confinement or treatment of patients in hospitals and medical clinics in certain cases". provides: "After the
hospital or medical clinic mentioned above shall have administered medical treatment and consistent with
the needs of the patients preferably to a government hospital, specially in the case of poor or indigent
patients."
Function

For purposes of this Act, the following definitions shall govern:

● Emergency - a condition or state of a patient wherein based on the objective findings of a prudent
medical officer on duty for the day there is immediate danger and where delay in initial support and
treatment may cause loss of life or cause permanent disability to the patient.
● Serious case - refers to a condition of a patient characterized by gravity or danger wherein based on
the objective findings of a prudent medical officer on duty for the day when left unattended to, may
cause loss of life or cause permanent disability to the patient.
● Confinement - a state of being admitted in a hospital or medical clinic for medical observation,
diagnosis, testing, and treatment consistent with the capability and available facilities of the hospital
or clinic.
● Hospital - a facility devoted primarily to the diagnosis, treatment and care of individuals suffering
from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care.
It shall also be construed as any institution, building or place where there are facilities and personnel
for the continued and prolonged care of patients.
● Emergency treatment and support - any medical or surgical measure within the capability of the
hospital or medical clinic that is administered by qualified health care professionals to prevent the
death or permanent disability of a patient.
● Medical clinic - a place in which patients can avail of medical consultation or treatment on an
outpatient basis.
● 'Permanent disability - a condition of physical disability as defined under Article 192-C and Article
193-B and C of Presidential Decree No 442; as amended, otherwise known as the Labor Code of the
Philippines.
● Stabilize - the provision of necessary care until such time that the patient may be discharged or
transferred to another hospital or clinic with a reasonable probability that no physical deterioration
would result from or occur during such discharge or transfer.

Penalties
any official, medical practitioner or employee of the hospital or medical clinic who violates the provisions of
RA 8344 shall, upon conviction by final judgment, be punished by imprisonment of not less than six (6)
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months and one (1) day but not more than two (2) years and four months, or a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than One Hundred Thousand Pesos (P100,000.00) or both at
the discretion of the court: Provided, however, That if such violation was committed pursuant to an
established policy of the hospital or clinic or upon instruction of its management, the director or officer of
such hospital or clinic responsible for the formulation and imprisonment of four (4) to six (6) years, or a
fine of not less than One Hundred Thousand Pesos (P100,000.00), but not more than Five Hundred
Thousand Pesos (P500,000.00) or both, at the discretion of the court.

REPUBLIC ACT No. 11223

Purpose
An Act Instituting Universal Health Care for All Filipinos, Prescribing Reforms in the Health Care System,
and Appropriating Funds. Progressively realize universal health care in the country through a systemic
approach and clear delineation of roles of key agencies and stakeholders towards better performance in the
health system; and Ensure that all Filipinos are guaranteed equitable access to quality and affordable health
care goods and services, and protected against financial risk.

Function

● It is the policy of the State to protect and promote the right to health of all Filipinos and instill health
consciousness among them. Towards this end, the State shall adopt:
● An integrated and comprehensive approach to ensure that all Filipinos are health literate, provided
with healthy living conditions, and protected from hazards and risks that could affect their health;
● A health care model that provides all Filipinos access to a comprehensive set of quality and
cost-effective, promotive, preventive, curative, rehabilitative and palliative health services without
causing financial hardship,, and prioritizes the needs of the population who cannot afford such
services;
● A framework that fosters a whole-of-system, whole-of-government, and whole-of-society approach
in the development, implementation, monitoring, and evaluation of health policies, programs and
plans; and
● A people-oriented approach for the delivery of health services that is centered on people’s needs
and well-being, and cognizant of the differences in culture, values, and beliefs.

Penalties

Any violation of the provisions of this Act, after due notice and hearing, shall suffer the corresponding
penalties as herein provided:

● A health care provider of population-based health services who violates any of the provision in its
respective contract shall be subject to sanctions and penalties under its respective contracts without
prejudice to the right of the government to institute any criminal or civil action before the proper
judicial body.
● A health care provider contracted for the provision of individual-based health services who commits
an unethical act, abuses the authority vested upon the health care provider, or performs a fraudulent
act shall be punished by a fine of Two hundred thousand pesos (₱200,000.00) for each count, or
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suspension of contract up to three (3) months or the remaining period of its contract or accreditation
whichever is shorter, or both, at the discretion of the PhilHealth, taking into consideration the gravity
of the offense.

The same shall also constitute a criminal violation punishable by imprisonment for six (6) months
and one (1) day up to six (6) years, upon discretion of the court without prejudice to criminal
liability defined under the Revised Penal Code.

If the health care provider is a juridical person, its officers and employees or other representatives
found to be responsible, who acted negligently or with intent, or have directly or indirectly caused
the commission of the violation, shall be liable. Recidivists may no longer be contracted as
participants of the Program.

● A member who commits any violation of this Act or knowingly and deliberately cooperates or agrees,
whether explicitly or implicitly, to the commission of a violation by a contracted health care provider
or employer as defined in this section, including the filing of a fraudulent claim for benefits or
entitlement under this Act, shall be punished by a fine of Fifty thousand pesos (₱50,000.00) for each
count or suspension from availment of the benefits of the Program for not less than three (3)
months but not more than six (6) months, or both, at the discretion of PhilHealth.
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REPUBLIC ACT No. 2644
Purpose
Inhibition Against Practice of Midwifery. -Unless exempt from registration, no person shall practice or offer
to practice midwifery in the Philippines, as defined in this Act, without holding a valid certificate of
registration as midwife issued by the Board of Examiners for Midwives.

Function

The Board of Examiners for Midwives is vested with authority conformably with the provisions of this Act, to
issue, suspend, revoke or reissue certificates of registration for the practice of midwifery in the Philippines,
and shall exercise powers conferred upon it by this Act with a view to the maintenance of an efficient,
ethical, technical and moral standard in the practice of midwifery.

The Board shall have the power to investigate violations of this Act and for this purpose, it may, under the
hand of its chairman and seal of the Board, issue summons subpoena, or subpoena duces tecum to
violators of this Act and witnesses thereof and to compel their attendance and the production of records
and documents. The Board shall, from time to time, look into the conditions affecting the practice of
midwifery in the Philippines and, whenever necessary, recommend or adopt such measures as may be
deemed proper for the improvement of such practice and the vigorous enforcement of this Act.

Penalties

Any person who shall practice midwifery in the Philippines within the meaning of this Act, without a
certificate of registration issued in accordance therewith or without having been declared exempt from
examination and registration, or any person presenting or using as his or her own the certificate of
registration of another, or any person giving any false or forged evidence to the Board in order to obtain a
certificate of registration, or any person using a revoked or suspended certificate of registration, or any
person assuming, using or advertising as a registered midwifery or registered nurse-midwife or appending
to his or her name the letters R.M. without having been conferred such title by the Board of Examiners duly
authorized to confer the same, or advertising any title or description tending to convey the impression that
he or she is registered midwife, shall be guilty of misdemeanor and shall, upon conviction, be sentenced to
a fine of not less than one thousand pesos nor more than five thousand pesos, or to suffer imprisonment for
a period of not less than one year nor more than five years, or both, in the discretion of the court:
Provided, However, That "hilots" registered with the Department of Health as having been trained in the art
and practice of midwifery under the UNICEF-Philippine Department of Health project and "hilots" in localities
where the services of a practicing physician or registered midwife are not available, having actually safely
handled twenty delivery cases as certified to by the proper health officer shall, within the purview of this
Act, be allowed to continue in the practice of their trade.

The penalty above-provided shall likewise be imposed on any person found guilty of violating any rule or
regulation issued pursuant to the provisions of this Act.
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REFERENCES:

The Lawphil project: REPUBLIC ACT No. 11332 (2019),

awphil.net/statutes/repacts/ra2019/ra_11332_2019.html#:~:text=-Act%20No.-,3573%2C
%20otherwise%20known%20as%20the%20"Law%20on%20Reporting%20of%20Communic
able,Effectivity.

The Lawphil project: REPUBLIC ACT NO. 7610 (1292),

https://lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

The Lawphil project: REPUBLIC ACT NO. 8344 (1998),

https://lawphil.net/statutes/repacts/ra1997/ra_8344_1997.html#:~:text=8344%20provide
s%3A%20%22After%20the%20hospital,of%20poor%20or%20indigent%20patients.%22

The Lawphil project: REPUBLIC ACT NO. 11223 (2019),

https://lawphil.net/statutes/repacts/ra2019/ra_11223_2019.html

The Lawphil project: REPUBLIC ACT NO. 2644 (1960),

https://lawphil.net/statutes/repacts/ra1960/ra_2644_1960.html#:~:text=Inhibition%20Ag
ainst%20Practice%20of%20Midwifery,Board%20of%20Examiners%20for%20Midwives.