THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
EXPLANATORY NOTE 
There are increasing complaints of medical malpractice. The Professional 
Regulatory Commission (PRC) says over a hundred have been reported to them as early 
as 1993. The Center for People’s Health Watch, a Cebu-based non-governmental 
organization has documented 53 cases of medical malpractice from 1992 to 1996 in 
Visayas alone. The cases include lack of skills, foresight and diligence, misdiagnosis, 
wrong medication, wrong blood transfusion, adverse effects of anesthesia and medicine 
prescribed and administered by health care providers. If cases of those injured and denied 
admission and emergency treatrrient due to their inability to pay the required deposit in 
hospitals are to be included, the rate would soar to thousands. 
Scores of cases have been filed in the courts, at the Department of Health, and at 
the PRC. Yet there are still undocumented cases where patients and their families simply 
accept with resignation the medical tragedy they find themselves in. 
There is a need therefore for a law that will protect, promote and defend the rights 
of patients. 
It is imperative that health authorities, hospital owners and health care providers 
recognize and promote patients rights, among which are: the right to health care and 
humane treatment; to have access to competent and best treatment regardless of age, sex, 
ethnic origin, religion, and social class; the right to privacy and to be treated with care, 
consideration, respect and dignity without discrimination; to be informed of any proposed 
medical procedure including possible risks and outcomes; the right not to be abandoned 
and to be provided continuing care; to choose hidher physician; to refuse in medical 
research; and the right to participate with health care professionals in decision-making 
affecting their health. 
The passage of this bill is earnestly sought. 
Senatoll 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENAT 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT 
DECLARING THE RIGHTS OF PATIENTS AND PRESCRIBING PENALTIES 
FOR 
VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title - This Act shall be known as the “Magna Carta of 
Patients’ Rights.” 
SECTION 2. Declaration ofPoZicy - The Philippine Constitution, in Section 1, 
Article XIII, states that the Congress shall give the highest priority to the enactment of 
measures that protect and enhance the right of all people to human dignity. Towards this 
end, it is hereby declared that the policy of the State to ensure and protect the rights of 
patient to decent, humane and quality health care. 
SECTION 3. Definition of Terms - As used in this Act, the following terms are 
defined as follows: 
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(1) 
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(2) 
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(3) 
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(4) 
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Advance Directive - a duly notarized document executed by a person of age 
and of sound mind, upon consultation with a physician and family members, 
which directs health care providers to refrain from providing prolonged life 
support when the situation arises that the person who executed such directive 
suffers a condition with little or no hope of reasonable recovery. 
Communicable Disease - an illness due to a specific infectious agent or its 
toxic products, arising through transmission of that agent or its products from 
reservoir to susceptible host, either directly as from infected person or animal, 
or indirectly through the agency of an intermediate plant or animal host, a 
vector, or the inanimate environment. 
Diagnostic Procedure - any method used to establish the presence of the 
diseases, and the nature and extent of such disease. 
Emergency - an unforeseen combination of circumstances which calls for 
immediate action to preserve the life of a person. 


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(5) Health Care - measures taken by a health care provider or that are taken in a 
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health care institution in order to determine a patient's state of health or to 
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restore or maintain it: 
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(6) Health Care Institutions - a site developed primarily to the maintenance and 
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operation of such facilities for the diagnosis, treatment, and care of 
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individuals suffering from illness, disease, injury, or deformity, if in need of 
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obstetrical or other medical and nursing care. It shall also be construed as any 
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institution, building or place where there are installed beds, or cribs, or 
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bassinets for twenty four hour use or longer by patients in the treatment of the 
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diseases, injuries, deformities, or abnormal physical and mental states, 
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maternity cases or sanatoria1 care, or infirmaries, nurseries, dispensaries, and 
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such other similar names by which they may be designated. 
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Philippines. 
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(10) Informed Consent - the voluntary agreement of a person to undergo or be 
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subjected to a procedure based on his understanding of the relevant 
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consequences of receiving a particular treatment, as clearly explained by the 
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health care provider. Such permission may be written, conveyed verbally, or 
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expressed indirectly through an over act. 
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condition. 
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certain rights of patients. 
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(7) Health Care Professional or Medical Practitioner - refers to any doctor, 
dentist, nurse, pharmacist or paramedical and other supporting personnel 
including medial and dental technician and technologist, nursing aids and 
therapist who is trained in health care ador duly licensed to practice in the 
(8) Health Maintenance Organization - an entity that provides, offers, or 
arranges for coverage or designated health services needed by plan members 
for a fixed prepaid premium. 
(9) Human Experimentation - the physicians departure from standard medical 
practice of treatment of the purpose of obtaining new knowledge or testing a 
scientific hypothesis on human subjects. 
(1 1) Medical Necessary - a service or procedure which is appropriate and 
consistent with diagnosis and which, using accepted standards or medical 
practice, could not be omitted without adversely affecting the patient's 
(12) Patient - a person who avails of health and medical care services or is 
otherwise the subject of such services. 
(13) Public Health and Safety - the state of well being of the population in 
general, the protection of which may require the curtailment or suspension of 
(14) Serious Physical Injury - a condition which, if left medically unattended, 
could lead to permanent disability. 
(15) Treatment Procedure - any scientifically accepted method to remove the 
symptoms and cause of a disease. 
SECTION 4. The Rights of Patients - The following rights of the patient shall 
be respected by all those involved in his care: 


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1. Right to 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 
available for health and medical care at the relevant time. 
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The patient has the right to health and medical care of good quality. In the 
course of such care, his human dignity, convictions and integrity shall be 
respected. His individual needs and culture shall be likewise respected. 
If any person cannot immediately be given treatment that is medically 
necessary he shall, depending on his state of health, either be directed to wait 
for care, or be referred or Sent for treatment elsewhere, where the appropriate 
care can be provided. If tde patient has to wait for care, he shall be informed 
of the reason for the delay and the estimated waiting time. 
Patients in emergencd who are in danger of dying and/or may have 
suffered serious physical injuries shall be extended immediate medical care 
and treatment without ady deposit, pledge, or mortgage or any form of 
advance payment for the cdnfinement of treatment. 
2. Right to Informed Consent 
The patient has a right to clear explanation, in lay person’s terms, all 
proposed procedures, whether diagnostic or therapeutic, including the identity 
of the person who will perform the said procedure, possibilities of any risk or 
mortality or serious side effects, problems related to recuperation, and 
probability of risks involved, and he will not be subjected to any procedure 
without his informed consent. Provided, That in cases of emergency, when 
the patient is unconscious andlor incapable of giving consent and there is no 
one who can give consent in his behalf, then the physician can perform any 
diagnostic or treatment procedure as good practice of medicine dictates 
without such consent; Provided fbrther, that when the law makes it 
compulsory for everyone to submit procedure, a consent is not necessary. 
Informed consent shall be obtained from a patient concerned if he is of 
legal age and of sound mind, from the next kin in the case the patient is 
incapable of giving consent, or from the parents or legal guardian in the case 
of minor or mentally incapacitated individual, Provided, That if his parents or 
legal guardian refuses to give consent to a medical or surgical procedure 
necessary to save his life, the court upon petition of the physician or any 
person interested in the welfare of the child, may issue an order giving such 
consent. 
3. The Right of Privacy 
The patient has the right to be left alone when this will not prejudice the 
provision of necessary medical care. 
The patient has the right to be free from unwarranted publicity, except in 
the following cases; (a) when his mental or physical condition is in 
controversy and the appropriate court in its discretion orders him to submit to 
a physical or mental examination by a physician; (b) when the public health 
and safety so demand; and (c) when the patient waived his right. 
4. Right to Information 
The patient has the right to clear, complete, and accurate evaluation of the 
nature and extent of his disease, the contemplated medical treatment and 


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surgical procedure including the medicines to be administered and their 
generic counterparts and its probable outcome, economic costs, impact on 
lifestyle and work including side effects and after effects of the treatment, 
possible complications and other pertinent facts regarding his illness. 
However, if the disclosure of the information to the patient will cause mental 
suffering and further impair in his health, or cause the patient not to submit to 
medically necessary treatment, such disclosure may be withheld or deferred to 
some future opportune time upon due consultation with the patients next of 
kin. 
The patient has the right to know the name and credentials of the physician 
responsible for his care or for coordinating such care. He may likewise 
request for similarly relevant information about any other health care provider 
directly involved in his care. 
The patient has the right to examine and be given an itemized bill for 
services rendered in the facility or by his physician and by other health care 
providers, regardless of the manner and source of payment, He is entitled to a 
thorough explanation of such bill should he find this incomprehensible. 
5. Right of Privileged Communication 
The patient has the right to demand that all information, communication 
and records pertaining to his care be treated as confidential. A physician is not 
authorized to divulge any information to a third party who has no concern with 
the care and welfare of the patient, except; (a) when such disclosure will 
benefit public health and safety; (b) when it is in the interest of justice; and (c) 
when the patients waives the confidential nature of such information. 
6. Right to Choose Physician 
The patient is free to choose the physician to serve him except when; (a) 
he is confined in a charity ward; and (b) he has entered into a contract with a 
health maintenance organization or any other health insurance organization 
which stipulates that the patient can only be served by a physician affiliated 
with the organization. 
7. Right to Self-Determination 
The patient has the right to refuse diagnostic and treatment procedures. 
Provided, That (a) he is of age and of sound mind; (b) he is informed of the 
medical consequences of his refusal; (c) he releases those involved in his care 
from any obligation relative to the consequences of his decision; and (d) his 
refusal will not jeopardize public health and safety. 
An adult with a sound mind may execute an advance directive for 
physicians not to put him on prolonged life support if, in the future, his 
condition is such that there is little or no hope of reasonable recovery. The 
qualifications listed as a, b, and c of the preceding paragraph shall be 
considered as satisfied if a patient whose condition makes him unable to 
express his will has executed an advance directive. 
8. The Right to Religious Belief 
The patient has the right to refuse medical treatment 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 age of legal discretion. 


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9. Wight to Medical Records 
The patient is entitled to a summary of his medical history condition which 
shall be accomplished by the attending physician. He has the right to view the 
content of his medical records with the attending physician explaining 
contents thereof. At his expense and upon discharge of patient, he may obtain 
from the health care institution a reproduction of the same record, whether or 
not he has fully settled his financial obligations with the physician or 
institution concerned. 
The health care institution shall ensure and safeguard the integrity and 
authenticity of then medical records. 
The health care institution shall issue medical certificate, free of charge, to 
the patient upon discharge from the institution. Any other document that the 
patient may require for insurance claims shall also be made available to him 
within reasonable period of time. 
10. The Right to Leave 
The patient has the right to leave the hospital or any other health care 
institution regardless of his physical condition, Provided, That the 
qualifications listed in the first paragraph of Subsection 7 hereof are satisfied. 
No patient shall be detained against his will in any health care institution 
on the sole basis of his failure to fully settle his financial obligations with the 
physician or the health care institution. 
1 1. The 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 that may affect his care or treatment. 
Such human 
experimentation may be performed only with the written informed consent of 
the patient. 
12. The Right to Correspondence and Receive Visitors 
The patient has the right to communicate with relatives and other persons 
and to receive visitors subject to reasonable limits prescribed the rules and 
regulations of the health care institution. 
13. Right to Express Grievances 
The patient has the right to express the grievances about the care and 
services received. The Secretary of Health, in consultation with health care 
providers, consumer groups and other concerned agencies, shall establish a 
grievance system wherein a patient may seek redress of their grievances. Such 
a system shall afford all parties concerned with the opportunity to settle 
amicably all grievances. 
14. 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 units and other government agencies 
and non-government organizations, shall launch and sustain a nationwide 
information and education campaign to make to people their rights as patients, 
as declared in this Act. 


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It shall be the duty of health care institutions to inform patients of their 
rights as well of the institutions rules and regulations that apply to the product 
of the patient while in the care of such an institution 
The provision of this Act shall be incorporated in medical and medical- 
related (e. .g. nursing, dentistry, dental technology, medical technology, 
physical therapy) school curriculum and licensure examinations. 
SECTIQN 5. Penalties - Any person found guilty violating this rights shall be 
punished by a fine not less than Ten Thousand Pesos (P10,OOO.OO) but not more than 
Fifty Thousand Pesos (50,000.00), and/or by imprisonment, at the discretion of the court. 
Administrative sanctions, including the suspension or revocation of the violator’s license 
to practice his profession, shall be imposed in addition to the penalties provided herein. 
If the punishable act or omission is committed by an association, partnership, 
corporation, or any other institution, its managing directors, partners, president, general 
manager, or other persons responsible for the offense shall be liable for penalties 
provided for in this Act. 
SECTIQN 6. Rules and Regulations - The Secretary of Health, in consultation 
with the Philippine Medical Association, the Philippine Hospital Association, and 
concerned private agencies, non-governmental organizations and people’s organizations 
shall promulgate within 180 days from the effectivity of this Act such rules and 
regulations as may be necessary for its implementation. 
The Implementing Rules and Regulations of this Act shall identify specific 
conditions under which the individual rights of patients, as stipulated in Subsections 
3,5,7, and 8 of Section 4 hereof, may be curtailed or suspended in the interest of public 
health and safety. 
SECTION 7. 
Repealing Clause - All acts, executive orders, rules and 
regulations, or parts thereof that are inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
SECTION 8. Effectivity - This Act shall take effect after fifteen (15) days 
following its publication in the least two (2) major newspapers of national circulation. 
Approved,