SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S.No. 
2904 
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) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 . AUG 18 P3:46 
INCREASING PENALTIES FOR PERSONS FOUND GUlL TY OF ILLEGAL 
PRACTICE OF MEDICINE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
2382, OTHERWISE KNOWN AS THE MEDICAL ACT OF 1959 
EXPLANATORY NOTE 
The Constitution, Article 2, Sections 5 and 12, provide: 
Section 5. The maintenance of peace and order, the protection of 
life, liberty, and property, and the promotion of the general welfare are 
essential for the enjoyment by all the people of the blessings of democracy. 
Section 15. The State shall protect and promote the right to health of 
the people and instill health consciousness among them. 
This bill seeks to deter individuals from the illegal practice of medicine, which 
threatens public health and erodes trust in licensed physicians, by increasing penalties 
under Republic Act No. 2382, otherwise known as the Medical Act of 1959. 
Let this bill be also called Kate's Law. It is inspired by the quest for justice for 
Kate Tan, who in 2013 died of Hodgkin's lymphoma, months after being taken under the 
exclusive medical care of an allegedly unlicensed physician. 
The Tan family in June 2015 launched a signature campaign through online 
petition platform Change.org, calling on law enforcement agencies to stop the purported 
illegal practice of medicine by businesswoman Antonia Carandang-Park. 
The petition further claimed that Park continues to practice medicine despite the 
charges filed against her. Park owns a wellness spa in Tagaytay, where she offers, among 
others, stem cell therapy to patients like Tan. 


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This hopes to fulfill the State's obligation to protect public health. Any person 
accused of engaging in the illegal practice of medicine must immediately be stopped 
from doing so, even during the pendency of a case or cases filed against him or her. 
A person engaged in the illegal practice of medicine does not have a license that 
the government may revoke. This means that, unless arrested, such person may continue 
to practice medicine under a legitimate business establishment. 
To prevent such a scenario, this bill, if enacted, will also empower local 
government units to revoke the business permit of any establishment proven to have 
knowingly benefited from the illegal practice of medicine. 
This bill also seeks to ensure that if the illegal practice of medicine is proven to 
have led to bodily hann, illness, or death, persons found gUilty of engaging in such 
practice must be held liable under Act No. 3815, otherwise known as the Penal Code. 
Such a provision is necessary to ensure protection for patients who, filled with 
hope or driven by despair, entrust their lives to persons who have neither right nor 
privilege to practice medicine in the Philippines. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S.No. 2904 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
AUG 18 -P3'" 
INCREASING PENAL TIES FOR PERSONS FOUND GUILTY OF ILLEGAL 
PRACTICE OF MEDICINE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
2382, OTHERWISE KNOWN AS THE MEDICAL ACT OF 1959 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Republic Act No. 2382, otherwise known as the Medical Act of 
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1959, Article 4, Section 28 is hereby amended to read as follows: 
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Section 28. Penalties. - Any person found guilty of "illegal practice 
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of medicine" shall be punished by a fine of not less than one thousand 
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pesos nor more than ten thousand pesos ONE HUNDRED THOUSAND 
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PESOS NOR MORE THAN ONE MILLION PESOS with subsidiary 
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imprisonment in case of insolvency, or by imprisonment of not less than 
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one year nor more than five years SIX YEARS AND ONE DAY NOR 
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MORE THAN 12 YEARS, or by both such fine and imprisonment, in the 
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discretion of the court. 
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PROVIDED, THAT IF PROVEN TO HAVE RESULTED IN 
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PHYSICAL INJURY OR DEATH OF A PATIENT OR PATIENTS, 
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THE ILLEGAL PRACTICE OF MEDICINE SHALL BECOME AN 
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AGGRAVATING 
CIRCUMSTANCE 
TO 
CORRESPONDING 
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CRIME OR CRIMES UNDER ACT NO, 3815, OTHERWISE 
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KNOWN AS THE PENAL CODE. 


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SECTION 2. The same law is further amended by adding Sections 28-A 
and 28-B, after Section 28, to read as follows: 
SECTION 28-A. PENALTIES AGAINST ESTABLISHMENTS. -
IF PROVEN TO HAVE KNOWINGLY BENEFITED FROM THE 
ACT OR ACTS OF A PERSON OR PERSONS ENGAGED IN THE 
ILLEGAL PRACTICE OF MEDICINE, THE OWNER OR OWNERS 
OF AN ESTABLISHMENT SHALL BE PUNISHED BY A FINE OF 
NOT LESS THAN FIFTY THOUSAND PESOS NOR MORE THAN 
FIVE HUNDRED THOUSAND PESOS, WITH SUBSIDIARY 
IMPRISONMENT 
IN 
CASE 
OF 
INSOLVENCY, 
OR 
BY 
IMPRISONMENT OF NOT LESS THAN SIX YEARS AND ONE 
DAY NOR MORE THAN 12 YEARS, OR BY BOTH SUCH FINE 
AND IMPRISONMENT, IN THE DISCRETION OF THE COURT. 
PROVIDED, THAT IF THE ILLEGAL PRACTICE OF 
MEDICINE BY A PERSON OR PERSONS IN THEIR EMPLOY 
RESULTED IN A CRIME OR CRIMES PUNISHABLE UNDER ACT 
NO. 3815, OTHERWISE KNOWN AS THE PENAL CODE, THE 
OWNER OR OWNERS OF THE ESTABLISHMENT SHALL BE 
CONSIDERED ACCOMPLICES TO SUCH CRIME OR CRIMES. 
SECTION 28-B. REVOCATION OF BUSINESS PERMIT. - A 
LOCAL GOVERNMENT UNIT EXERCISING JURISDICTION 
OVER AN ESTABLISHMENT PROVEN TO HAVE KNOWINGLY 
HIRED A PERSON OR PERSONS ENGAGED IN THE ILLEGAL 
PRACTICE OF MEDICINE SHALL, UPON RECEIVING A COURT 
ORDER, 
REVOKE 
THE 
BUSINESS 
PERMIT 
OF 
SUCH 
ESTABLISHMENT. 
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SECTION 3. Separability Clause. - If any provision of this Act is held invalid or 
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unconstitutional, the same shall not affect the validity and effectivity of the other 
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provisions hereof. 
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SECTION 4. Repealing Clause. - All laws, decrees, orders, and issuances, or 
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portions thereof, which are inconsistent with the provisions of this Act, are hereby 
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repealed, amended or modified accordingly. 
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SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
Ikamp080515 
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