FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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First Regular Session 
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,)lIl21 Pl :15 
• SENt'lf41 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Dignity is valued in our society. The Constitution, in Article 2, Section 11 states that it 
values the dignity of every human person and guarantees full respect for human rights. 
With this value in mind, the Rules on evidence even disqualify certain persons from 
testifying in court by reason of privilege communications to protect the dignity of individuals. 
Health personnel are one such group of individuals who cannot in a civil case, without the 
consent of the patient, be examined ljS to any advice or treatment given by him or any 
infOlwation which he may have acquired in attending such patient in a professional capacity, 
which information was necessary to enable him to act in capacity, and which would blacken the 
reputation of the patient. 
Even .with the protection given under the law, there are still instances where a patient's 
dignity and privacy are violated. Most of these violations happen inside the surgery or operating 
room where the patient is unable to prevent people from watching the operation because he or 
she is unconscious. 
This bill aims to give the surgical patient additional protection from individuals who 
violate his right to privacy and dignity inside the operating room during surgery when he is most 
vulnerable. I 
I This bill was origmally filed during the 14'" Congress 1" Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
,0 
JUL 21 
~'1 :15 
, SEN1.741 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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REQUIRING THE EXPRESS, WRITTEN CONSENT OF A PATIENT OR HIS 
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AUTHORIZED REPRESENTATIVE TO AUTHORIZE THE PRESENCE OF NON-
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MEDICAL PERSONNEL DURING SURGERY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This, Act shall be Imown as the "Operating Room Privacy 
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Act." 
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SECTION 2. Declaration of Policy. - The state values the privacy and dignity of every 
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person. In line with this, it guarantees every surgical patient that only authorized persons will be 
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allowed. 
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SECTION 3. Persons Authorized in Operating Rooms. - No person, other than duly 
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licensed health care professionals specifically assigned to handle the specified patient's case, 
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persons training to become such a professional who were required by the health professionals 
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present to observe the operation, emergency medical technicians, additional medical personnel 
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aiding the health care p~ofessionals assigned and members of the patient's immediate family, 
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shall be present in any room in which surgery is being conducted. 
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SECTION 4. Required Written Consent. - The provisions of section I shall only be 
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waived upon the express written consent of the surgical patient or his authorized representative. 
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Such consent shall be signed by such patient or his authorized representative and the surgeon 
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assigned to the surgical patient and shall specifically name the otherwise unauthorized persons 
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who are to be pennitted to be present during surgery. 
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SECTION 5. Penalties. - Any person who violates any provision of this Act shall be 
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punished by one (1) year imprisomnent or fine not exceeding Fifty Thousand Pesos (Php 50,000) 
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or both in the discretion of the court. Both the unauthorized person and the health personnel who 
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allowed access to the unauthorized person inside the operating room shall be punished under this 
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Act. 
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SECTION 6. Implementing Rules and Regulations. - The Secretary of Health shall 
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promulgate any rules and regulations necessary to implement the provisions of this Act. 
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SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 8. Repealing Clause .. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, mle or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
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Approved, 
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