THIRTEENTH CONGRESS OF THE REPUBLI 
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OF THE PHILIPPINES 
b 
First Regular Session 
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44 
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S. No. 
Introduced by Senator S. R. OsmeAa 111 
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EXPLANATORY NOTE 
Article XV, Section 3(3) of the Constitution declares as follows: 
“The State shall defend the right of children to assistance, including 
proper care and nutrition and special protection from all forms of neglect 
and abuse, cruelty, exploitation, and other conditions prejudicial to their 
development.” 
PD 603, otherwise known as the Child and Welfare Code, as amended, re- 
enforces this constitutional provision in Article 3(4) which states: 
“Every child has the right to a balanced diet, adequate clothing, 
sufficient shelter, proper medical attention, 
and all the basic 
physical requirements of a healthy and vigorous life.” 
Violative of the spirit of the above provisions, it is not uncommon for 
private hospitals and clinics to deny street children admission to their premises 
for the reason that these children lack sufficient financial resources to pay the 
deposit required upon admission, even if these children require immediate 
medical or dental attention 
By virtue of the doctrine of parens patriae, indigent children who have 
been neglected by their parents are the wards of the State. Congress should 
therefore take every measure to ensure that they live healthy lives despite their 
impoverished condition. 
This bill mandates both private and public hospitals to extend free medical 
and dental services to indigent children, including but not necessarily limited to 
street children, providing penalties for violations thereof. 
In view of the foregoing, early passage of this bill is earnestly requested 
. PUwi- k 
SERGIO OSMENA 111 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLI 
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OF THE PHILIPPINES 
b 
First Regular Session 
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S E N A T  
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Introduced by Senator S. R. Osmefia 111 
AN ACT 
REQUIRING ALL GOVERNMENT AND PRIVATE HOSPITALS, MEDICAL 
CENTERS, CLINICS, INFIRMARIES, PUERICULTURE CENTERS TO EXTEND. 
FREE MEDICAL AND DENTAL ASSISTANCE TO INDIGENT CHILDREN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. All government and private hospitals, medical centers, 
2 clinics, infirmaries or puericulture centers duly licensed to operate as such, are 
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hereby required to render medical and dental services to indigent children, 
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regardless of whether of not they are in danger of dying and/or may have 
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suffered physical injuries requiring immediate medical attention. 
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For the purposes of this Act, an “indigent child” is an un-emancipated child 
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below eighteen (18) years of age who has health problems requiring medical and 
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dental services for his care and treatment, taking into account the following 
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factors: 
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(a) the age of the child; 
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(b) the financial condition of the family; 
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(c) the degree of deprivation of parental care and support; and 
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(d) the inability of his parents to exercise parental authority. 
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SEC. 2. The expenses and losses of earnings incurred by a private 
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hospital, medical center, clinic, infirmary, or puericulture center; or by an individual 
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physician or dentist for medicine, facilities, and services extended to the care and 
17 treatment of an indigent child as required herein in an amount not exceeding 
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P300,OOO.OO 
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 
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law, decree, executive order or regulation to the contrary notwithstanding. 
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SEC. 3. Any hospital director, administrator, officer-in-charge, physician or 
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dentist in a hospital, medical center, clinic, infirmary, or puericulture center who 
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shall refuse or fail without good cause to render the appropriate medical or dental 
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service pursuant to Section One of this Act, after said case has been brought to 
hidher attention, or any nurse, mid-wife, medical or dental attendant who shall 
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refuse to extend the appropriate assistance, subject to existing rules, or neglects 
10 to notify or call the attention of a physician or dentist in attendance, shall be 
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punished with imprisonment of at least one (1) year, but not more than five (5) 
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years, or a fine of Ten Thousand Pesos (PlO,OOO,OO), but nor more than Fifteen 
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Thousand Pesos (P15,000.00), or both fine and imprisonment at the sound 
14 discretion of the Court. 
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In the case of government hospital, medical centers, clinics, infirmaries, or 
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puericulture centers, the imposition of the appropriate penalties upon the person 
17 or persons guilty of the violation of this Act shall be without prejudice to the 
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administrative action that may be proper. 
In the case of private hospitals, medical centers, clinics, infirmaries, or 
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puericulture centers, the license to operate shall be suspended or revoked. 
SEC. 4. The Department of Health in coordination with the Department of 
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Social Welfare and Development shall have the authority to promulgate the 
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necessary rules and regulations for the purpose of carrying into effect the 
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provisions of this Act. 
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SEC. 5. Separability Clause. - If any section or provision of this Act shall 
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be declared unconstitutional or invalid, the other sections or provisions not 
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affected thereby shall remain in full force and effect. 
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SEC. 6. Repealing Clause. - All laws, decrees, orders, rules and 
regulations and other issuances inconsistent with the provisions of this Act are 
deemed modified, revoked or repealed accordingly. 
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) leading newspapers of national circulation. 
Approved, 
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