Patients Rights: Presented By: Ederlyn Papa-Destura, RN, Man

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PATIENTS RIGHTS

PRESENTED BY:
EDERLYN PAPA-DESTURA, RN, MAN
1. RIGHT TO APPROPRIATE MEDICAL CARE
AND HUMANE TREATMENT
• EVERY PERSON HAS A RIGHT TO HEALTH AND MEDICAL CARE CORRESPONDING TO
HIS STATE OF HEALTH, WITHOUT ANY DISCRIMINATION AND WITHIN THE LIMITS OF
THE RESOURCES, MANPOWER AND COMPETENCE AVAILABLE FOR HEALTH AND
MEDICAL CARE AT THE RELEVANT TIME.
• THE PATIENT HAS THE RIGHT TO APPROPRIATE HEALTH AND MEDICAL CARE OF
GOOD QUALITY.
• IF THE PATIENT HAS TO WAIT FOR CARE, HE SHALL BE INFORMED OF THE REASON
FOR THE DELAY.
• PATIENTS IN EMERGENCY SHALL BE EXTENDED IMMEDIATE MEDICAL CARE AND
TREATMENT WITHOUT ANY DEPOSIT, PLEDGE, MORTGAGE OR ANY FORM OF
ADVANCE PAYMENT FOR TREATMENT.
2. RIGHT TO INFORMED CONSENT

• THE PATIENT HAS A RIGHT TO A CLEAR, TRUTHFUL AND SUBSTANTIAL


EXPLANATION, IN A MANNER AND LANGUAGE UNDERSTANDABLE TO THE
PATIENT, OF ALL PROPOSED PROCEDURES, WHETHER DIAGNOSTIC, PREVENTIVE,
CURATIVE, REHABILITATIVE OR THERAPEUTIC, WHEREIN THE PERSON WHO WILL
PERFORM THE SAID PROCEDURE SHALL PROVIDE HIS NAME AND CREDENTIALS
TO THE PATIENT, POSSIBILITIES OF ANY RISK OF MORTALITY OR SERIOUS
SIDE EFFECTS, PROBLEMS RELATED TO RECUPERATION, AND PROBABILITY OF
SUCCESS AND REASONABLE RISKS INVOLVED:
• INFORMED CONSENT SHALL BE OBTAINED FROM A PATIENT CONCERNED IF HE IS OF
LEGAL AGE AND OF SOUND MIND. IN CASE THE PATIENT IS INCAPABLE OF GIVING
CONSENT AND A THIRD PARTY CONSENT IS REQUIRED. THE FOLLOWING
PERSONS, IN THE ORDER OF PRIORITY STATED HEREUNDER, MAY GIVE CONSENT:

• I. SPOUSE;
• II. SON OR DAUGHTER OF LEGAL AGE;
• III. EITHER PARENT;
• IV. BROTHER OR SISTER OF LEGAL AGE, OR
• V. GUARDIAN
3. RIGHT TO PRIVACY AND CONFIDENTIALITY
• THE PRIVACY OF THE PATIENTS MUST BE ASSURED AT ALL STAGES OF HIS
TREATMENT.

• THE PATIENT HAS THE RIGHT TO DEMAND THAT ALL INFORMATION,


COMMUNICATION AND RECORDS PERTAINING TO HIS CARE BE TREATED AS
CONFIDENTIAL. ANY HEALTH CARE PROVIDER OR PRACTITIONER INVOLVED IN
THE TREATMENT OF A PATIENT AND ALL THOSE WHO HAVE LEGITIMATE ACCESS
TO THE PATIENT'S RECORD IS NOT AUTHORIZED TO DIVULGE ANY INFORMATION
TO A THIRD PARTY WHO HAS NO CONCERN WITH THE CARE AND WELFARE
OF THE PATIENT WITHOUT HIS CONSENT, EXCEPT:
• A) WHEN SUCH DISCLOSURE WILL BENEFIT PUBLIC HEALTH AND SAFETY;
• B) WHEN IT IS IN THE INTEREST OF JUSTICE AND UPON THE ORDER OF A
COMPETENT COURT; AND
• C) WHEN THE PATIENTS WAIVES IN WRITING THE CONFIDENTIAL NATURE OF
SUCH INFORMATION;
• D) WHEN IT IS NEEDED FOR CONTINUED MEDICAL TREATMENT OR
ADVANCEMENT OF MEDICAL SCIENCE SUBJECT TO DE-IDENTIFICATION OF
PATIENT AND SHARED MEDICAL CONFIDENTIALITY FOR THOSE WHO HAVE
ACCESS TO THE INFORMATION.
4. RIGHT TO INFORMATION
• IN THE COURSE OF HIS/HER TREATMENT AND HOSPITAL CARE, THE PATIENT OR HIS/HER
LEGAL GUARDIAN HAS A RIGHT TO BE INFORMED OF THE RESULT OF THE EVALUATION OF
THE NATURE AND EXTENT OF HIS/HER DISEASE,
• ANY OTHER ADDITIONAL OR FURTHER CONTEMPLATED MEDICAL TREATMENT ON
SURGICAL PROCEDURE OR PROCEDURES, INCLUDING ANY OTHER ADDITIONAL MEDICINES
TO BE ADMINISTERED AND THEIR GENERIC COUNTERPART INCLUDING THE POSSIBLE
COMPLICATIONS AND OTHER PERTINENT FACTS, STATISTICS OR STUDIES, REGARDING
HIS/HER ILLNESS,
• ANY CHANGE IN THE PLAN OF CARE BEFORE THE CHANGE IS MADE, THE PERSON'S
PARTICIPATION IN THE PLAN OF CARE AND NECESSARY CHANGES BEFORE ITS
IMPLEMENTATION, THE EXTENT TO WHICH PAYMENT MAYBE EXPECTED FROM
PHILHEALTH OR ANY PAYOR AND ANY CHARGES FOR WHICH THE PATIENT MAYBE LIABLE
5. THE RIGHT TO CHOOSE HEALTH CARE
PROVIDER AND FACILITY
• THE PATIENT IS FREE TO CHOOSE THE HEALTH CARE PROVIDER TO SERVE HIM AS
WELL AS THE FACILITY EXCEPT WHEN HE IS UNDER THE CARE OF A SERVICE
FACILITY OR WHEN PUBLIC HEALTH AND SAFETY SO DEMANDS OR WHEN THE
PATIENT EXPRESSLY WAIVES THIS RIGHT IN WRITING.

• THE PATIENT HAS THE RIGHT TO DISCUSS HIS CONDITION WITH A CONSULTANT
SPECIALIST, AT THE PATIENT'S REQUEST AND EXPENSE.
• HE ALSO HAS THE RIGHT TO SEEK FOR A SECOND OPINION AND SUBSEQUENT
OPINIONS, IF APPROPRIATE, FROM ANOTHER HEALTH CARE
PROVIDER/PRACTITIONER.
6. RIGHT TO SELF-DETERMINATION
• THE PATIENT HAS THE RIGHT TO AVAIL HIMSELF/HERSELF OF ANY
RECOMMENDED DIAGNOSTIC AND TREATMENT PROCEDURES. ANY PERSON OF
LEGAL AGE AND OF SOUND MIND MAY MAKE AN ADVANCE WRITTEN DIRECTIVE
FOR PHYSICIANS TO ADMINISTER TERMINAL CARE WHEN HE/SHE SUFFERS FROM
THE TERMINAL PHASE OF A TERMINAL ILLNESS:
PROVIDED THAT
• A) HE IS INFORMED OF THE MEDICAL CONSEQUENCES OF HIS CHOICE;
• B) HE RELEASES THOSE INVOLVED IN HIS CARE FROM ANY OBLIGATION
RELATIVE TO THE CONSEQUENCES OF HIS DECISION;
• C) HIS DECISION WILL NOT PREJUDICE PUBLIC HEALTH AND SAFETY.
7. RIGHT TO RELIGIOUS BELIEF

• THE PATIENT HAS THE RIGHT TO REFUSE MEDICAL TREATMENT OR


PROCEDURES WHICH MAY BE CONTRARY TO HIS RELIGIOUS BELIEFS, SUBJECT
TO THE LIMITATIONS DESCRIBED IN THE PRECEDING SUBSECTION:
• PROVIDED, THAT SUCH A RIGHT SHALL NOT BE IMPOSED BY PARENTS UPON
THEIR CHILDREN WHO HAVE NOT REACHED THE LEGAL AGE IN A LIFE
THREATENING SITUATION AS DETERMINED BY THE ATTENDING PHYSICIAN OR
THE MEDICAL DIRECTOR OF THE FACILITY.
8. RIGHT TO MEDICAL RECORDS

• THE PATIENT IS ENTITLED TO A SUMMARY OF HIS MEDICAL HISTORY AND


CONDITION.
• HE HAS THE RIGHT TO VIEW THE CONTENTS OF HIS MEDICAL RECORDS, EXCEPT
PSYCHIATRIC NOTES AND OTHER INCRIMINATORY INFORMATION OBTAINED
ABOUT THIRD PARTIES, WITH THE ATTENDING PHYSICIAN EXPLAINING
CONTENTS THEREOF.
• AT HIS EXPENSE AND UPON DISCHARGE OF THE PATIENT, HE MAY OBTAIN FROM
THE HEALTH CARE INSTITUTION A REPRODUCTION OF THE SAME RECORD
WHETHER OR NOT HE HAS FULLY SETTLED HIS FINANCIAL OBLIGATION WITH
THE PHYSICIAN OR INSTITUTION CONCERNED.
9. RIGHT TO LEAVE

• THE PATIENT HAS THE RIGHT TO LEAVE HOSPITAL OR ANY OTHER HEALTH CARE
INSTITUTION REGARDLESS OF HIS PHYSICAL CONDITION:
• PROVIDED. THAT
• A) HE/SHE IS INFORMED OF THE MEDICAL CONSEQUENCES OF HIS/HER
DECISION
• B) HE/SHE RELEASES THOSE INVOLVED IN HIS/HER CARE FROM ANY
OBLIGATION RELATIVE TO THE CONSEQUENCES OF HIS DECISION;
• C) HIS/HER DECISION WILL NOT PREJUDICE PUBLIC HEALTH AND SAFETY.
• NO PATIENT SHALL BE DETAINED AGAINST HIS/HER WILL IN ANY HEALTH CARE
INSTITUTION ON THE SOLE BASIS OF HIS FAILURE TO FULLY SETTLE HIS
FINANCIAL OBLIGATIONS.
• HOWEVER, HE/SHE SHALL ONLY BE ALLOWED TO LEAVE THE HOSPITAL
PROVIDED APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO SETTLE THE
UNPAID BILLS
10. RIGHT TO REFUSE PARTICIPATION IN
MEDICAL RESEARCH
• THE PATIENT HAS THE RIGHT TO BE ADVISED IF THE HEALTH CARE PROVIDER
PLANS TO INVOLVE HIM IN MEDICAL RESEARCH, INCLUDING BUT NOT LIMITED
TO HUMAN EXPERIMENTATION WHICH MAY BE PERFORMED ONLY WITH THE
WRITTEN INFORMED CONSENT OF THE PATIENT
11. RIGHT TO CORRESPONDENCE AND TO
RECEIVE VISITORS
• THE PATIENT HAS THE RIGHT TO COMMUNICATE WITH RELATIVES AND OTHER
PERSONS AND TO RECEIVE VISITORS SUBJECT TO REASONABLE LIMITS
PRESCRIBED BY THE RULES AND REGULATIONS OF THE HEALTH CARE
INSTITUTION.
12. RIGHT TO EXPRESS GRIEVANCES

• THE PATIENT HAS THE RIGHT TO EXPRESS COMPLAINTS AND GRIEVANCES


ABOUT THE CARE AND SERVICES RECEIVED WITHOUT FEAR OF
DISCRIMINATION OR REPRISAL AND TO KNOW ABOUT THE DISPOSITION OF SUCH
COMPLAINTS.
• SUCH A SYSTEM SHALL AFFORD ALL PARTIES CONCERNED WITH THE
OPPORTUNITY TO SETTLE AMICABLY ALL GRIEVANCES.
13. RIGHT TO BE INFORMED OF HIS RIGHTS
AND OBLIGATIONS AS A PATIENT
• EVERY PERSON HAS THE RIGHT TO BE INFORMED OF HIS RIGHTS AND OBLIGATIONS
AS A PATIENT.
• THE DEPARTMENT OF HEALTH, IN COORDINATION WITH HEALTH CARE PROVIDERS,
PROFESSIONAL AND CIVIC GROUPS, THE MEDIA, HEALTH INSURANCE CORPORATIONS,
PEOPLE'S ORGANIZATIONS, LOCAL GOVERNMENT ORGANIZATIONS, SHALL LAUNCH
AND SUSTAIN A NATIONWIDE INFORMATION AND EDUCATION CAMPAIGN TO MAKE
KNOWN TO PEOPLE THEIR RIGHTS AS PATIENTS, AS DECLARED IN THIS ACT SUCH
RIGHTS AND OBLIGATIONS OF PATIENTS SHALL BE POSTED IN A BULLETIN BOARD
CONSPICUOUSLY PLACED IN A HEALTH CARE INSTITUTION.
• IT SHALL BE THE DUTY OF HEALTH CARE INSTITUTIONS TO INFORM OF THEIR
RIGHTS AS WELL AS OF THE INSTITUTION'S RULES AND REGULATIONS THAT
APPLY TO THE CONDUCT OF THE PATIENT WHILE IN THE CARE OF SUCH
INSTITUTION.
REPUBLIC ACT NO. 9710

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

• THE MAGNA CARTA OF WOMEN IS COMPREHENSIVE WOMEN’S HUMAN RIGHTS


LAW THAT SEEKS TO ELIMINATE DISCRIMINATION AGAINST WOMEN BY
RECOGNIZING, PROTECTING, FULFILLING AND PROMOTING THE RIGHTS OF
FILIPINO WOMEN, ESPECIALLY THOSE IN MARGINALIZED SECTOR.
WHAT IS DISCRIMINATION AGAINST WOMEN?
• THE MAGNA CARTA OF WOMEN DEFINES DISCRIMINATION AGAINST WOMEN AS:

• ANY GENDER-BASED DISTINCTION, EXCLUSION, OR RESTRICTION WHICH HAS THE EFFECT OR PURPOSE
OF IMPAIRING OR NULLIFYING THE RECOGNITION, ENJOYMENT, OR EXERCISE BY WOMEN, IRRESPECTIVE
OF THEIR MARITAL STATUS, ON A BASIS OF EQUALITY OF MEN AND WOMEN, OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS IN THE POLITICAL, ECONOMIC, SOCIAL, CULTURAL, CIVIL OR ANY OTHER
FIELD;

• ANY ACT OR OMISSION, INCLUDING BY LAW, POLICY, ADMINISTRATIVE MEASURE, OR PRACTICE, THAT
DIRECTLY OR INDIRECTLY EXCLUDES OR RESTRICTS WOMEN IN THE RECOGNITION AND PROMOTION OF
THEIR RIGHTS AND THEIR ACCESS TO AND ENJOYMENT OF OPPORTUNITIES, BENEFITS, OR PRIVILEGES;
• DISCRIMINATION COMPOUNDED BY OR INTERSECTING WITH OTHER GROUNDS,
STATUS, OR CONDITION, SUCH AS ETHNICITY, AGE, POVERTY, OR RELIGION.
THE MAGNA CARTA OF WOMEN ALSO SPELLS
OUT EVERY WOMAN'S RIGHT TO:
• PROTECTION FROM ALL FORMS OF VIOLENCE, INCLUDING THOSE COMMITTED BY THE STATE.
• THIS INCLUDES THE INCREMENTAL INCREASE IN THE RECRUITMENT AND TRAINING OF
WOMEN IN GOVERNMENT SERVICES THAT CATER TO WOMEN VICTIMS OF GENDER-RELATED
OFFENSES.
• IT ALSO ENSURES MANDATORY TRAINING ON HUMAN RIGHTS AND GENDER SENSITIVITY TO
ALL GOVERNMENT PERSONNEL INVOLVED IN THE PROTECTION AND DEFENSE OF WOMEN
AGAINST GENDER-BASED VIOLENCE, AND MANDATES LOCAL GOVERNMENT UNITS TO
ESTABLISH A VIOLENCE AGAINST WOMEN DESK IN EVERY BARANGAY TO ADDRESS
VIOLENCE AGAINST WOMEN CASES;
• PROTECTION AND SECURITY IN TIMES OF DISASTER, CALAMITIES AND
OTHER CRISIS SITUATIONS, ESPECIALLY IN ALL PHASES OF RELIEF, RECOVERY,
REHABILITATION AND CONSTRUCTION EFFORTS, INCLUDING PROTECTION FROM
SEXUAL EXPLOITATION AND OTHER SEXUAL AND GENDER-BASED VIOLENCE.

• PARTICIPATION AND REPRESENTATION, INCLUDING UNDERTAKING TEMPORARY


SPECIAL MEASURES AND AFFIRMATIVE ACTIONS TO ACCELERATE AND ENSURE
WOMEN'S EQUITABLE PARTICIPATION AND REPRESENTATION IN THE THIRD
LEVEL CIVIL SERVICE, DEVELOPMENT COUNCILS AND PLANNING BODIES, AS
WELL AS POLITICAL PARTIES AND INTERNATIONAL BODIES, INCLUDING THE
PRIVATE SECTOR.
• EQUAL TREATMENT BEFORE THE LAW, INCLUDING THE STATE'S REVIEW AND WHEN NECESSARY
AMENDMENT OR REPEAL OF EXISTING LAWS THAT ARE DISCRIMINATORY TO WOMEN;

• EQUAL ACCESS AND ELIMINATION OF DISCRIMINATION AGAINST WOMEN IN EDUCATION,


SCHOLARSHIPS AND TRAINING. THIS INCLUDES REVISING EDUCATIONAL MATERIALS AND
CURRICULA TO REMOVE GENDER STEREOTYPES AND IMAGES, AND OUTLAWING THE
EXPULSION, NON-READMISSION, PROHIBITING ENROLLMENT AND OTHER RELATED
DISCRIMINATION AGAINST WOMEN STUDENTS AND FACULTY DUE TO PREGNANCY OUTSIDE OF
MARRIAGE;

• EQUAL PARTICIPATION IN SPORTS. THIS INCLUDES MEASURES TO ENSURE THAT GENDER-


BASED DISCRIMINATION IN COMPETITIVE AND NON-COMPETITIVE SPORTS IS REMOVED SO
THAT WOMEN AND GIRLS CAN BENEFIT FROM SPORTS DEVELOPMENT;
• NON-DISCRIMINATION IN EMPLOYMENT IN THE FIELD OF MILITARY, POLICE AND
OTHER SIMILAR SERVICES.
• THIS INCLUDES ACCORDING THE SAME PROMOTIONAL PRIVILEGES AND
OPPORTUNITIES AS THEIR MEN COUNTERPART, INCLUDING PAY INCREASES,
ADDITIONAL BENEFITS, AND AWARDS, BASED ON COMPETENCY AND QUALITY
OF PERFORMANCE.
• THE DIGNITY OF WOMEN IN THE MILITARY, POLICE AND OTHER SIMILAR
SERVICES SHALL ALWAYS BE RESPECTED, THEY SHALL BE ACCORDED WITH THE
SAME CAPACITY AS MEN TO ACT IN AND ENTER INTO CONTRACTS, INCLUDING
MARRIAGE, AS WELL AS BE ENTITLED TO LEAVE BENEFITS FOR WOMEN SUCH AS
MATERNITY LEAVE, AS PROVIDED FOR IN EXISTING LAWS;
• NON-DISCRIMINATORY AND NON-DEROGATORY PORTRAYAL OF WOMEN IN MEDIA
AND FILM TO RAISE THE CONSCIOUSNESS OF THE GENERAL PUBLIC IN
RECOGNIZING THE DIGNITY OF WOMEN AND THE ROLE AND CONTRIBUTION OF WOMEN
IN FAMILY, COMMUNITY, AND THE SOCIETY THROUGH THE STRATEGIC USE OF MASS
MEDIA;

• COMPREHENSIVE HEALTH SERVICES AND HEALTH INFORMATION AND EDUCATION


COVERING ALL STAGES OF A WOMAN'S LIFE CYCLE, AND WHICH ADDRESSES THE
MAJOR CAUSES OF WOMEN'S MORTALITY AND MORBIDITY, INCLUDING ACCESS TO
AMONG OTHERS, MATERNAL CARE, RESPONSIBLE, ETHICAL, LEGAL, SAFE AND
EFFECTIVE METHODS OF FAMILY PLANNING, AND ENCOURAGING HEALTHY LIFESTYLE
ACTIVITIES TO PREVENT DISEASES;
• LEAVE BENEFITS OF TWO (2) MONTHS WITH FULL PAY BASED ON GROSS MONTHLY
COMPENSATION, FOR WOMEN EMPLOYEES WHO UNDERGO SURGERY CAUSED BY
GYNECOLOGICAL DISORDERS, PROVIDED THAT THEY HAVE RENDERED CONTINUOUS AGGREGATE
EMPLOYMENT SERVICE OF AT LEAST SIX (6) MONTHS FOR THE LAST TWELVE (12) MONTHS;

• EQUAL RIGHTS IN ALL MATTERS RELATING TO MARRIAGE AND FAMILY RELATIONS. THE STATE
SHALL ENSURE THE SAME RIGHTS OF WOMEN AND MEN TO:
• ENTER INTO AND LEAVE MARRIAGES, FREELY CHOOSE A SPOUSE, DECIDE ON THE NUMBER AND
SPACING OF THEIR CHILDREN, ENJOY PERSONAL RIGHTS INCLUDING THE CHOICE OF A
PROFESSION, OWN, ACQUIRE, AND ADMINISTER THEIR PROPERTY, AND ACQUIRE, CHANGE, OR
RETAIN THEIR NATIONALITY.
• IT ALSO STATES THAT THE BETROTHAL AND MARRIAGE OF A CHILD SHALL HAVE NO LEGAL
EFFECT. THE MAGNA CARTA OF WOMEN ALSO GUARANTEES THE CIVIL, POLITICAL AND ECONOMIC
RIGHTS OF WOMEN IN THE MARGINALIZED SECTORS, PARTICULARLY THEIR RIGHT TO:
• FOOD SECURITY AND RESOURCES FOR FOOD PRODUCTION, INCLUDING EQUAL RIGHTS IN
THE TITLING OF THE LAND AND ISSUANCE OF STEWARDSHIP CONTRACTS AND PATENTS;

• LOCALIZED, ACCESSIBLE, SECURE AND AFFORDABLE HOUSING;

• EMPLOYMENT, LIVELIHOOD, CREDIT, CAPITAL AND TECHNOLOGY;

• SKILLS TRAINING, SCHOLARSHIPS, ESPECIALLY IN RESEARCH AND DEVELOPMENT AIMED


TOWARDS WOMEN FRIENDLY FARM TECHNOLOGY;

• REPRESENTATION AND PARTICIPATION IN POLICY-MAKING OR DECISION MAKING BODIES IN


THE REGIONAL, NATIONAL, AND INTERNATIONAL LEVELS;
• ACCESS TO INFORMATION REGARDING POLICIES ON WOMEN, INCLUDING PROGRAMS,
PROJECTS AND FUNDING OUTLAYS THAT AFFECT THEM;
• SOCIAL PROTECTION;
• RECOGNITION AND PRESERVATION OF CULTURAL IDENTITY AND INTEGRITY PROVIDED
THAT THESE CULTURAL SYSTEMS AND PRACTICES ARE NOT DISCRIMINATORY TO WOMEN;
• INCLUSION IN DISCUSSIONS ON PEACE AND DEVELOPMENT;
• SERVICES AND INTERVENTIONS FOR WOMEN IN ESPECIALLY DIFFICULT CIRCUMSTANCES
• PROTECTION OF GIRL-CHILDREN AGAINST ALL FORMS OF DISCRIMINATION IN
EDUCATION, HEALTH AND NUTRITION, AND SKILLS DEVELOPMENT; AND
• PROTECTION OF WOMEN SENIOR CITIZENS.
WOMEN’S RIGHT TO HEALTH
• ACCESS TO THE FOLLOWING SERVICES SHALL BE ENSURED:

• (1) MATERNAL CARE TO INCLUDE PRE- AND POST-NATAL SERVICES TO ADDRESS PREGNANCY
AND INFANT HEALTH AND NUTRITION;
• (2) PROMOTION OF BREASTFEEDING;
• (3) RESPONSIBLE, ETHICAL, LEGAL, SAFE, AND EFFECTIVE METHODS OF FAMILY PLANNING;
• (4) FAMILY AND STATE COLLABORATION IN YOUTH SEXUALITY EDUCATION AND HEALTH
SERVICES WITHOUT PREJUDICE TO THE PRIMARY RIGHT AND DUTY OF PARENTS TO EDUCATE
THEIR CHILDREN;
• (5) PREVENTION AND MANAGEMENT OF REPRODUCTIVE TRACT INFECTIONS, INCLUDING
SEXUALLY TRANSMITTED DISEASES, HIV, AND AIDS;
• (6) PREVENTION AND MANAGEMENT OF REPRODUCTIVE TRACT CANCERS LIKE BREAST AND
CERVICAL CANCERS, AND OTHER GYNECOLOGICAL CONDITIONS AND DISORDERS;
• (7) PREVENTION OF ABORTION AND MANAGEMENT OF PREGNANCY-RELATED
COMPLICATIONS;
• (8) IN CASES OF VIOLENCE AGAINST WOMEN AND CHILDREN, WOMEN AND CHILDREN
VICTIMS AND SURVIVORS SHALL BE PROVIDED WITH COMPREHENSIVE HEALTH SERVICES THAT
INCLUDE PSYCHOSOCIAL, THERAPEUTIC, MEDICAL, AND LEGAL INTERVENTIONS AND ASSISTANCE
TOWARDS HEALING, RECOVERY, AND EMPOWERMENT;
• (9) PREVENTION AND MANAGEMENT OF INFERTILITY AND SEXUAL DYSFUNCTION PURSUANT
TO ETHICAL NORMS AND MEDICAL STANDARDS;
• (10) CARE OF THE ELDERLY WOMEN BEYOND THEIR CHILD-BEARING YEARS; AND
• (11) MANAGEMENT, TREATMENT, AND INTERVENTION OF MENTAL HEALTH PROBLEMS OF
WOMEN AND GIRLS.
RA 9442 – AN ACT AMENDING REPUBLIC ACT NO. 7277,
OTHERWISE KNOWN AS THE “MAGNA CARTA FOR
DISABLED PERSONS, AND FOR OTHER PURPOSES”
• THE GRANT OF THE RIGHTS AND PRIVILEGES FOR DISABLED PERSONS SHALL BE
GUIDED BY THE FOLLOWING PRINCIPLES:

• (A) DISABLED PERSONS ARE PART OF PHILIPPINE SOCIETY, THUS THE STATE
SHALL GIVE FULL SUPPORT TO THE IMPROVEMENT OF THE TOTAL WELL-
BEING OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY.
• (B) DISABLED PERSONS HAVE THE SAME RIGHTS AS OTHER PEOPLE TO TAKE
THEIR PROPER PLACE IN SOCIETY. THEY SHOULD BE-ABLE TO LIVE FREELY
AND AS INDEPENDENTLY AS POSSIBLE.
• DISABLED PERSONS’ RIGHTS MUST NEVER BE PERCEIVED AS WELFARE
SERVICES BY THE GOVERNMENT.
• (C) THE REHABILITATION OF THE DISABLED PERSONS SHALL BE THE CONCERN
OF THE GOVERNMENT IN ORDER TO FOSTER THEIR CAPACITY TO ATTAIN A MORE
MEANINGFUL, PRODUCTIVE AND SATISFYING LIFE.
• D) THE STATE ALSO RECOGNISES THE ROLE OF THE PRIVATE SECTOR IN
PROMOTING THE WELFARE OF DISABLED PERSONS AND SHALL ENCOURAGE
PARTNERSHIP IN PROGRAMMES THAT ADDRESS THEIR NEEDS AND CONCERNS.

• (E) TO FACILITATE INTEGRATION OF DISABLED PERSONS INTO THE MAINSTREAM


OF SOCIETY, THE STATE SHALL ADVOCATE FOR AND ENCOURAGE RESPECT
FOR DISABLED PERSONS.
• THE STATE SHALL EXERT ALL EFFORTS TO REMOVE ALL SOCIAL, CULTURAL,
ECONOMIC, ENVIRONMENTAL AND ATTITUDINAL BARRIERS THAT ARE
PREJUDICIAL TO DISABLED PERSONS.
• (A) DISABLED PERSONS ARE THOSE SUFFERING FROM RESTRICTION OR DIFFERENT
ABILITIES, AS A RESULT OF A MENTAL, PHYSICAL OR SENSORY IMPAIRMENT, TO PERFORM AN
ACTIVITY IN THE MANNER OR WITHIN THE RANGE CONSIDERED NORMAL FOR A HUMAN
BEING.

• (B) IMPAIRMENT IS ANY LOSS, DIMINUTION OR ABERRATION OF PSYCHOLOGICAL,


PHYSIOLOGICAL, OR ANATOMICAL STRUCTURE OR FUNCTION.

• (C) DISABILITY SHALL MEAN (1) A PHYSICAL OR MENTAL IMPAIRMENT THAT


SUBSTANTIALLY LIMITS ONE OR MORE PSYCHOLOGICAL, PHYSIOLOGICAL OR ANATOMICAL
FUNCTION OF AN INDIVIDUAL OR ACTIVITIES OF SUCH INDIVIDUAL; (2) A RECORD OF SUCH
AN IMPAIRMENT; OR (3) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
• (D) HANDICAP REFERS TO A DISADVANTAGE FOR A GIVEN INDIVIDUAL
RESULTING FROM AN IMPAIRMENT OR A DISABILITY, THAT LIMITS OR PREVENTS
THE FUNCTION OR ACTIVITY, THAT IS CONSIDERED NORMAL GIVEN THE AGE
AND SEX OF THE INDIVIDUAL.

• (E) REHABILITATION IS AN INTEGRATED APPROACH TO PHYSICAL, SOCIAL,


CULTURAL, SPIRITUAL, EDUCATIONAL AND VOCATIONAL MEASURES THAT
CREATE CONDITIONS FOR THE INDIVIDUAL TO ATTAIN THE HIGHEST POSSIBLE
LEVEL OF FUNCTIONAL ABILITY.
PERSONS WITH DISABILITY SHALL BE
ENTITLED TO THE FOLLOWING:
• (A) AT LEAST TWENTY PERCENT (20%) DISCOUNT FROM ALL ESTABLISHMENTS RELATIVE TO THE
UTILIZATION OF ALL SERVICES IN HOTELS AND SIMILAR LODGING ESTABLISHMENTS; RESTAURANTS
AND RECREATION CENTERS FOR THE EXCLUSIVE USE OR ENJOYMENT OF PERSONS WITH DISABILITY;

• (B) A MINIMUM OF TWENTY PERCENT (20%) DISCOUNT ON ADMISSION FEES CHARGED BY THEATERS,
CINEMA HOUSES, CONCERT HALLS, CIRCUSES, CARNIVALS AND OTHER SIMILAR PLACES OF
CULTURE, LEISURE AND AMUSEMENT FOR THE EXCLUSIVE USE OF ENJOYMENT OF PERSONS WITH
DISABILITY;

• (C) AT LEAST TWENTY PERCENT (20%) DISCOUNT FOR THE PURCHASE OF MEDICINES IN ALL
DRUGSTORES FOR THE EXCLUSIVE USE OR ENJOYMENT OF PERSONS WITH DISABILITY;
• (D) AT LEAST TWENTY PERCENT (20%) DISCOUNT ON MEDICAL AND DENTAL SERVICES
INCLUDING DIAGNOSTIC AND LABORATORY FEES SUCH AS, BUT NOT LIMITED TO, X-
RAYS, COMPUTERIZED TOMOGRAPHY SCANS AND BLOOD TESTS, IN ALL GOVERNMENT
FACILITIES, SUBJECT TO GUIDELINES TO BE ISSUED BY THE DEPARTMENT OF HEALTH
(DOH), IN COORDINATION WITH THE PHILIPPINE HEALTH INSURANCE CORPORATION
(PHILHEALTH);

• (E) AT LEAST TWENTY PERCENT (20%) DISCOUNT ON MEDICAL AND DENTAL SERVICES
INCLUDING DIAGNOSTIC AND LABORATORY FEES, AND PROFESSIONAL FEES OF
ATTENDING DOCTORS IN ALL PRIVATE HOSPITALS AND MEDICAL FACILITIES, IN
ACCORDANCE WITH THE RULES AND REGULATIONS TO BE ISSUED BY THE DOH, IN
COORDINATION WITH THE PHILHEALTH;
• F) AT LEAST TWENTY PERCENT (20%) DISCOUNT ON FARE FOR DOMESTIC AIR AND SEA
TRAVEL FOR THE EXCLUSIVE USE OR ENJOYMENT OF PERSONS WITH DISABILITY;

• (G) AT LEAST TWENTY PERCENT (20%) DISCOUNT IN PUBLIC RAILWAYS, SKYWAYS AND
BUS FARE FOR THE EXCLUSIVE USE AND ENJOYMENT OF PERSON WITH DISABILITY;

• (H) EDUCATIONAL ASSISTANCE TO PERSONS WITH DISABILITY, FOR THEM TO PURSUE


PRIMARY, SECONDARY, TERTIARY, POST TERTIARY, AS WELL AS VOCATIONAL OR
TECHNICAL EDUCATION, IN BOTH PUBLIC AND PRIVATE SCHOOLS, THROUGH THE
PROVISION OF SCHOLARSHIPS, GRANTS, FINANCIAL AIDS, SUBSIDIES AND OTHER
INCENTIVES TO QUALIFIED PERSONS WITH DISABILITY, INCLUDING SUPPORT FOR BOOKS,
LEARNING MATERIAL, AND UNIFORM ALLOWANCE TO THE EXTENT FEASIBLE: PROVIDED,
THAT PERSONS WITH DISABILITY SHALL MEET MINIMUM ADMISSION REQUIREMENTS;
• (I) TO THE EXTENT PRACTICABLE AND FEASIBLE, THE CONTINUANCE OF THE SAME BENEFITS
AND PRIVILEGES GIVEN BY THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), SOCIAL
SECURITY SYSTEM (SSS), AND PAG-IBIG, AS THE CASE MAY BE, AS ARE ENJOYED BY THOSE IN
ACTUAL SERVICE;

• (J) TO THE EXTENT POSSIBLE, THE GOVERNMENT MAY GRANT SPECIAL DISCOUNTS IN SPECIAL
PROGRAMS FOR PERSONS WITH DISABILITY ON PURCHASE OF BASIC COMMODITIES, SUBJECT
TO GUIDELINES TO BE ISSUED FOR THE PURPOSE BY THE DEPARTMENT OF TRADE AND
INDUSTRY (DTI) AND THE DEPARTMENT OF AGRICULTURAL (DA); AND

• (K) PROVISION OF EXPRESS LANES FOR PERSONS WITH DISABILITY IN ALL COMMERCIAL AND
GOVERNMENT ESTABLISHMENTS; IN THE ABSENCE THEREOF, PRIORITY SHALL BE GIVEN TO
THEM.
REPUBLIC ACT 7305: MAGNA CARTA OF
PUBLIC HEALTH WORKERS
• DECLARATION OF THE POLICY
• (A) TO PROMOTE AND IMPROVE THE SOCIAL AND ECONOMIC WELL-BEING OF THE HEALTH
WORKERS, THEIR LIVING AND WORKING CONDITIONS AND TERMS OF EMPLOYMENT;
• (B) TO DEVELOP THEIR SKILLS AND CAPABILITIES IN ORDER THAT THEY WILL BE MORE
RESPONSIVE AND BETTER EQUIPPED TO DELIVER HEALTH PROJECTS AND PROGRAMS; AND
• (C) TO ENCOURAGE THOSE WITH PROPER QUALIFICATIONS AND EXCELLENT ABILITIES TO
JOIN AND REMAIN IN GOVERNMENT SERVICE.
HEALTH WORKERS

• ALL PERSONS WHO ARE ENGAGED IN HEALTH AND HEALTH-RELATED WORK,


AND ALL PERSONS EMPLOYED IN ALL HOSPITALS, SANITARIA, HEALTH
INFIRMARIES, HEALTH CENTERS, RURAL HEALTH UNITS, BARANGAY HEALTH
STATIONS, CLINICS AND OTHER HEALTH-RELATED ESTABLISHMENTS OWNED
AND OPERATED BY THE GOVERNMENT OR ITS POLITICAL SUBDIVISIONS WITH
ORIGINAL CHARTERS AND SHALL INCLUDE MEDICAL, ALLIED HEALTH
PROFESSIONAL, ADMINISTRATIVE AND SUPPORT PERSONNEL EMPLOYED
REGARDLESS OF THEIR EMPLOYMENT STATUS.
RECRUITMENT AND QUALIFICATION

• RECRUITMENT POLICY AND MINIMUM REQUIREMENTS WITH RESPECT TO THE


SELECTION AND APPOINTMENT OF A PUBLIC WORKER SHALL BE DEVELOPED
AND IMPLEMENTED BY THE APPROPRIATE GOVERNMENT AGENCIES CONCERNED
IN ACCORDANCE WITH POLICIES AND STANDARDS OF THE CIVIL SERVICE
COMMISSION
PERFORMANCE EVALUATION AN MERIT
PROMOTION
• SHALL PREPARE A UNIFORM CAREER AND PERSONNEL DEVELOPMENT PLAN
APPLICABLE TO ALL PUBLIC HEALTH PERSONNEL. SUCH CAREER AND
PERSONNEL DEVELOPMENT PLAN SHALL INCLUDE PROVISIONS ON MERIT
PROMOTION, PERFORMANCE EVALUATION, INSERVICE TRAINING GRANTS, JOB
ROTATION, SUGGESTIONS AND INCENTIVE AWARD SYSTEM.
TRANSFER OR GEOGRAPHICAL
REASSIGNMENT OF PUBLIC HEALTH
WORKERS
• (A) A TRANSFER IS A MOVEMENT FROM ONE POSITION TO ANOTHER WHICH IS OF EQUIVALENT
RANK, LEVEL OR SALARY WITHOUT BREAK IN SERVICE;

• (B) A GEOGRAPHICAL REASSIGNMENT, HEREINAFTER REFERRED TO AS “REASSIGNMENT,” IS


A MOVEMENT FROM ONE GEOGRAPHICAL LOCATION TO ANOTHER; AND

• (C) A PUBLIC HEALTH WORKER SHALL NOT BE TRANSFERRED AND OR REASSIGNED,


EXCEPT WHEN MADE IN THE INTEREST OF PUBLIC SERVICE, IN WHICH CASE, THE EMPLOYEE
CONCERNED SHALL BE INFORMED OF THE REASONS THEREFORE IN WRITING.
MARRIED PUBLIC HEALTH WORKERS.

• WHENEVER POSSIBLE, THE PROPER AUTHORITIES SHALL TAKE STEPS TO ENABLE


MARRIED COUPLES, BOTH OF WHOM ARE PUBLIC HEALTH WORKERS, TO BE
EMPLOYED OR ASSIGNED IN THE SAME MUNICIPALITY, BUT NOT IN THE SAME
OFFICE.
SECURITY OF TENURE

• IN CASE OF REGULAR EMPLOYMENT OF PUBLIC HEALTH WORKERS, THEIR


SERVICES SHALL NOT BE TERMINATED EXCEPT FOR CAUSE PROVIDED BY LAW
AND AFTER DUE PROCESS
DISCRIMINATION

• A PUBLIC WORKER SHALL NOT BE DISCRIMINATED AGAINST WITH REGARD TO


GENDER, CIVIL STATUS, CIVIL STATUS, CREED, RELIGIOUS OR POLITICAL BELIEFS
AND ETHNIC GROUPINGS IN THE EXERCISE OF HIS/HER PROFESSION.
NO UNDERSTAFFING/OVERLOADING OF
HEALTH STAFF
• THERE SHALL BE NO UNDERSTAFFING OR OVERLOADING OF PUBLIC HEALTH
WORKERS. THE RATIO OF HEALTH STAFF TO PATIENT LOAD SHALL BE SUCH AS
TO REASONABLY EFFECT A SUSTAINED DELIVERY OF QUALITY HEALTH CARE AT
ALL TIMES WITHOUT OVERWORKING THE PUBLIC HEALTH WORKER AND OVER
EXTENDING HIS/HER DUTY AND SERVICE. HEALTH STUDENTS AND APPRENTICES
SHALL BE ALLOWED ONLY FOR PURPOSES OF TRAINING AND EDUCATION.
DUTIES AND OBLIGATIONS

• THE PUBLIC HEALTH WORKERS SHALL:

• (A) DISCHARGE HIS/HER DUTY HUMANELY WIT CONSCIENCE AND DIGNITY;

• (B) PERFORM HIS/HER DUTY WITH UTMOST RESPECT FOR LIFE; AND RACE,
GENDER, RELIGION, NATIONALITY, PARTY POLICIES, SOCIAL STANDING OR
CAPACITY TO PAY.
HOURS OF WORK
• THE NORMAL OF WOK OF ANY PUBLIC HEALTH WORKER SHALL NOT EXCEED EIGHT (8) HOURS A DAY
OR FORTY (40) HOURS A WEEK. HOURS WORKED SHALL INCLUDE:

• (A) ALL THE TIME DURING WHICH A PUBLIC HEALTH WORKER IS REQUIRED TO BE ON ACTIVE DUTY OR
TO BE AT A PRESCRIBED WORKPLACE; AND

• (B) ALL THE TIME DURING WHICH A PUBLIC HEALTH WORKER IS SUFFERED OR PERMITTED TO WORK.
PROVIDED, THAT THE TIME WHEN THE PUBLIC HEALTH WORKER IS PLACE ON “ON CALL” STATUS
SHALL NOT BE CONSIDERED AS HOURS WORKED BUT SHALL ENTITLED THE PUBLIC HEALTH WORKER
TO AN “ON CALL” PAY EQUIVALENT TO FIFTY PERCENT (50%) OF HIS/HER REGULAR WAGE. “ON CALL”
STATUS REFERS TO A CONDITION WHEN PUBLIC HEALTH WORKERS ARE CALLED UPON TO RESPOND TO
URGENT OR IMMEDIATE NEED FOR HEALTH/MEDICAL ASSISTANCE OR RELIEF WORK DURING
EMERGENCIES SUCH THAT HE/SHE CANNOT DEVOTE THE TIME FOR HIS/HER OWN USE.
OVERTIME WORK

• WHERE THE EXIGENCIES OF THE SERVICE SO REQUIRE, ANY PUBLIC HEALTH


WORKER MAY BE REQUIRED TO RENDER, SERVICE BEYOND THE NORMAL EIGHT
(8) HOURS A DAY. IN SUCH A CASE, THE WORKERS SHALL BE PAID AN
ADDITIONAL COMPENSATION IN ACCORDANCE WITH EXISTING LAWS AND
PREVAILING PRACTICES.
ADDITIONAL COMPENSATION

• NOTWITHSTANDING SECTION 12 OF REPUBLIC ACT NO. 6758, PUBLIC WORKERS


SHALL RECEIVED THE FOLLOWING ALLOWANCES: HAZARD ALLOWANCE,
SUBSISTENCE ALLOWANCE, LONGEVITY PAY, LAUNDRY ALLOWANCE AND
REMOTE ASSIGNMENT ALLOWANCE.
HOUSING

• ALL PUBLIC HEALTH WORKERS WHO ARE IN TOUR OF DUTY AND THOSE WHO,
BECAUSE OF UNAVOIDABLE CIRCUMSTANCES ARE FORCES TO STAY IN THE
HOSPITAL, SANITARIA OR HEALTH INFIRMARY PREMISES, SHALL ENTITLES TO
FREE LIVING QUARTERS WITHIN THE HOSPITAL, SANITARIUM OR HEALTH
INFIRMARY OR IF SUCH QUARTERS ARE NOT AVAILABLE, SHALL RECEIVE
QUARTERS ALLOWANCE AS MAY BE DETERMINED BY THE SECRETARY OF
HEALTH AND OTHER APPROPRIATE GOVERNMENT AGENCIES CONCERNED
MEDICAL EXAMINATION

COMPULSORY MEDICAL EXAMINATION SHALL BE PROVIDED FREE OF CHARGE TO


ALL PUBLIC HEALTH WORKERS BEFORE ENTERING THE SERVICE IN THE
GOVERNMENT OR ITS SUBDIVISIONS AND SHALL BE REPEATED ONCE A YEAR
DURING THE TENURE OF EMPLOYMENT OF ALL PUBLIC HEALTH WORKERS
OTHER RELATED LINKS

• HTTPS://PCW.GOV.PH/REPUBLIC-ACT-7305-MAGNA-CARTA-OF-PUBLIC-HEALTH-WO
RKERS
/
• HTTPS://WWW.OFFICIALGAZETTE.GOV.PH/2009/08/14/REPUBLIC-ACT-NO-9710/
• HTTPS://DREDF.ORG/LEGAL-ADVOCACY/INTERNATIONAL-DISABILITY-RIGHTS/INT
ERNATIONAL-LAWS/PHILIPPINES-MAGNA-CARTA-FOR-DISABLED
/
• HTTPS://WWW.NCBI.NLM.NIH.GOV/PMC/ARTICLES/PMC6646847/
• HTTPS://WWW.YOUTUBE.COM/WATCH?V=YNQ_-P8RNKY

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