THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
' \ , I  
OF THE PHILIPPINES 
1 
: . % I  
/l!J; ! I  i>d :/;,/ 
. -. 
First Regular Session 
1 
SENATE 
S. No. 
17 
Introduced by Senator S. R. Osmeha 111 
EXPLANATORYNOTE 
The right of a patient to quality medical care is of paramount importance. 
Because the safety and welfare of a patient is always the primary consideration, it 
is but proper that only the most competent individuals are permitted to practice 
medicine. 
Incidents of malpractice and negligence involving medical and dental 
practitioners are on the rise. In these cases, patients find that their illnesses are 
aggravated and compounded by the mistakes or sheer negligence and ignorance 
by their doctors. Sadly, such negligent acts of unscrupulous medical andlor dental 
practitioners have sometimes resulted in temporary or permanent disability or 
death. 
Moreover, one of the major deterrents to promoting the Philippines as a 
medical center in Asia, even with our large pool of doctors, nurses and medical 
practitioners, is the absence of a law that would protect or indemnify patients from 
negligent practitioners. 
This bill aims to address the alarming incidents of medical malpractice and 
gross negligence resulting in complications, aggravated injuries and even death. 
In providing penalties for gross negligence, it is hoped that all fields of the medical 
profession will be protected against incompetent individuals. 
To compensate the general public for injuries or death resulting from 
medical and dental malpractices, this bill also seeks to institutionalize a system of 
claims and benefits. 
It requires all medical and dental practitioners to obtain 
malpractice insurance in an amount not less than Fifty Thousand Pesos (P50,OOO.) 
to answer for any claims for damages arising from act or omission perpetuated by 
the insured resulting into injury, or loss of life or limb of any person. 
In view of the foregoing, approval of this bill is earnestly requested 
/ 
SERGIO OSMENA 111 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
'74 A!; 
1 1  ?4 4- 
SENATE 
S. No. 
I 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
TO PROTECT PATIENTS AGAINST MEDICAL MALPRACTICE, PUNISHING 
THE MALPRACTICE OF ANY MEDICAL PRACTITIONER AND REQUIRING 
THEM TO 
SECURE MALPRACTICE INSURANCE AND 
FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of fhe 
Philippines in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Anti-Medical 
Malpractice Act of 2004." 
SECTION 2. Declaration of Policy. - It is the policy of the State to ensure 
the safety of and well being of patients by providing them with professional medical 
care. 
SECTION 3. Definition of Terms. - Unless the context otherwise requires, 
the following terms shall have the following meanings: 
(1) "Medical Practitioner" shall refer to any physician, dentist, nurse, 
pharmacist or paramedical or other supporting personnel (including medical and 
dental technicians, nursing assistants, and therapists); 
(2) "Illegal Surgery" shall refer to surgeries performed to remove healthy 
human organls without the consent of the patient, with intent to gain on the part of 
the person or persons responsible for such surgery. 
(3) "Malpractice" shall refer to any personal injury, including death, caused 
15 
by the negligent or wrongful act or omission of any medical practitioner; 


%
,
 
. j  
1 
2 
3 
4 
5 
6 
I 
8 
9 
IO 
I1 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
21 
28 
29 
(4) "Physicians" shall refer to Doctors of Medicine, duly certified by the 
Professional Regulatory Commission who are in active practice of medicine; 
(5) "Dentists" shall refer to Doctors of Dental Medicine, duly certified by the 
Professional Regulatory Commission who are in active practice of dental medicine: 
(6) "Patients" shall refer to people requiring medical attention from any 
medical practitioner. 
SECTION 4. The Anti-Malpractice Act - Any medical practitioner who 
performs any act constituting medical malpractice or the illegal practice of surgery 
shall be punishable by imprisonment or fine or both and, in all instances, the 
cancellation of the license to practice medicine. 
SECTION 5. The Complainant - The crime of malpractice shall be 
prosecuted upon the filing of a complaint by any of the following individuals: 
(1) the patient; 
(2) parents or legal guardians of the patient; 
(3) grandparents or collateral relatives; 
(4) an officer or social worker of the Department of Social Welfare and 
Development or of a duly licensed child caring institution, orphanage, home for the 
aged, mental hospital, or other similar institutions under whose care or custody the 
patient is committed; 
(5) a concerned, responsible hospital employee where the crime was 
committed but only if any of the persons mentioned in the four preceding 
paragraphs have expressly given their consent to the filing thereof. 
SECTION 6. Effecf of Pardon. - The express or implied pardon of the 
patient, hidher parents, grandparents or guardian shall not be a legal impediment 
to the prosecution of the crime nor will it extinguish the criminal action still pending, 
nor will it constitute a ground for remitting the penalty already imposed. 
SECTION 7. Penalties. - Medical malpractice andlor the practice of illegal 
surgery shall be punished by prision mayor and the cancellation of the license to 
practice the medical profession and a fine ranging from Five Hundred Thousand 


,', ' , 
, '  \ 
,
1
.
 
I 
2 
3 
4 
5 
6 
I 
8 
9 
I O  
11 
12 
13 
14 
15 
15 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
Pesos (P500,OOO.OO) to One Million Pesos (Pl,OOO,OOO.OO) in the discretion of the 
court taking into consideration all attending circumstances. 
Any other crime committed by reason or on occasion of malpractice shall be 
considered as a separate offense and the rules on complex crimes shall not apply. 
In no case shall malpractice be considered as a mere aggravating 
circumstance when it is committed by reason or on occasion of the commission of 
another crime. 
SECTION 8. Aggravating Circumstances. - The following circumstances 
shall aggravate the crime of malpractice: 
(1) permitting motives of profit to influence the free and independent 
exercise of professional judgment on behalf of patients; 
(2) conscious infliction of harm to an unknowing patient with the malicious 
intent of profiting from such act. 
SECTION 9. Damages. - In addition to the damages that may be awarded 
by the court under existing laws, the following circumstances shall warrant the 
award of additional damages: 
(1) when the patient becomes insane or suffers any psychological damage 
by reason of malpractice; 
(2) death of patient by reason or occasion of malpractice; 
(3) physical disfigurement or permanent disability of the patient by reason 
of malpractice. 
SEC. I O .  Compulsory Medical and Dental Malpractice Insurance. - 
Upon approval of this Act, all physicians and dentists shall be required to obtain 
MEDICAL AND DENTAL MALPRACTICE INSURANCE of no less than FIFTY 
THOUSAND PESOS (PS0,OOO.OO) from any reputable and duly licensed insurance 
company to answer for any claims for damages arising from an act or omission 
perpetrated by the insured resulting into injury, loss of life or limb to any person. 
Failure on the part of the Physician or Dentist to comply with the provisions of this 


1 
2 
until helshe complied therewith. 
3 
SECTION 11. Repealing Clause. - All Laws, Presidential Decrees, 
4 
Executive orders, Proclamations, andlor Administrative Regulations, which are 
5 
inconsistent with the provisions of this Act, are hereby amended, modified, 
6 
superseded or repealed accordingly. 
7 
8 
9 
circulation 
Act cause the suspension of his professional license and shall remain effective 
SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in at least two (2) newspapers of national 
IO 
Approved,