Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 1138 
 Introduced by Hon. Charisse Anne C. Hernandez 
EXPLANATORY NOTE 
Republic Act No. 9439 or “An Act Prohibiting the Detention of Patients in Hospitals and 
Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses” was 
enacted in 2007, making it unlawful for any hospital or medical clinic in the country to detain 
patients for reasons of nonpayment in part or in full of hospital bills or medical expenses. 
Under the RA No. 9439, the penalty for its violation is a fine of not less than Twenty thousand 
pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of 
not less than one month, but not more than six months, or both. For high-end hospitals owned 
by large Corporations, such amount of fine is just a drop in the bucket. The penalty imposed is 
too insignificant compared to the sum that these hospitals, medical clinics and facilities can 
amass from detaining patients who cannot afford to settle their bills. These financially 
challenged patients were unable to afford the costs of hospitalization and medical treatment, 
let alone bear the additional expenses of filing a complaint against the hospitals and medical 
facilities. 
This bill seeks to amend RA No. 9439  to increase the penalties against hospitals, medical 
clinics, or any other similar facilities for detention of patients and cadavers on grounds of 
nonpayment of hospital bills and medical expenses.  
Despite the existence of RA No. 9439, it is still a common practice for some hospitals to detain 
patients because of their inability to settle their hospital bills and medical expenses. It 
constitutes  deprivation of liberty on the grounds of financial incapacity and violation of the 
July 2, 2025
3:15 pm


right against imprisonment for non-payment of debt, which are both proscribed by the 
Constitution. 
This bill also provides for the Anti-Hospital Detention Assistance Fund to partly cover unpaid 
promissory notes issued by poor and indigent patients to the hospitals and medical facilities. 
In view of all the foregoing, the approval of the Bill is fervently called. 
CHARISSE ANNE C. HERNANDEZ 
          Representative 
          Lone District, Calamba City


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 1138
 Introduced by Hon. Charisse Anne C.  Hernandez 
AN ACT 
INCREASING THE PENALTIES FOR THE DETENTION OF PATIENTS AND 
CADAVERS IN HOSPITALS, MEDICAL CLINICS, OR ANY OTHER SIMILAR 
FACILITIES ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR 
MEDICAL EXPENSES AMENDING REPUBLIC ACT NO. 9439 ENTITLED "AN 
ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND 
MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR 
MEDICAL EXPENSES,” AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 1 of Republic Act 9439 is hereby amended to read as follows: 
"SECTION 1. It shall be unlawful for any hospital or medical clinic, OR ANY 
OTHER SIMILAR FACILITY in the country to detain or to otherwise cause, 
directly or indirectly, the detention of patients who have fully or partially 
recovered or have been adequately attended to or who may have died, for 
reasons of non-payment in part or in full of hospital bills, medical expenses." 


 
SEC. 2. Section 1 of Republic Act 9439 is hereby amended to read as follows:  
 
"SECTION 2. Patients who have fully or partially recovered and who already 
wish to leave the hospital or medical clinic but are financially incapable to 
settle, in part or in full, their hospitalization expenses, including professional 
fees and medicines, shall be allowed to leave the hospital or medical clinic, 
with a right to demand the issuance of the corresponding medical certificate 
and other pertinent papers required for the release of the patient from the 
hospital or medical clinic upon the execution of a promissory note covering the 
unpaid obligation. The promissory note shall be secured by either a mortgage 
or by a guarantee of a co-maker, who will be jointly and severally liable with 
the patient for the unpaid obligation.  
 
IF THE PATIENT IS AN ACTIVE MEMBER OF EITHER THE SOCIAL 
SECURITY SYSTEM (SSS), GOVERNMENT SERVICE INSURANCE 
SYSTEM (GSIS), OR THE PHILIPPINE HEALTH INSURANCE 
CORPORATION (PHILHEALTH), A GUARANTEE LETTER FROM ANY 
OF THESE AGENCIES MAY BE PRESENTED WITH THE PROMISSORY 
NOTE IN LIEU OF A MORTGAGE OR GUARANTEE BY A CO-MAKER. 
IF THE PATIENT IS AN INDIGENT, A GUARANTEE LETTER FROM 
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT 
(DSWD) SHALL SUFFICE. 
 
In the case of a deceased patient, the CADAVER SHALL BE RELEASED BY 
THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER SIMILAR 
FACILITY WITHIN TWENTY-FOUR (24) HOURS FROM THE TIME OF 
DEATH TO THE RELATIVES AND THE CORRESPONDING DEATH 
CERTIFICATE 
AND 
OTHER 
DOCUMENTS 
REQUIRED 
FOR 
INTERMENT, 
CLAIMS 
FOR 
SOCIAL 
SECURITY, 
OR 
THE 
INSTITUTION OF CRIMINAL PROCEEDINGS SHALL BE PROMPTLY 
ISSUED. PROVIDED, HOWEVER, THAT FOR PURPOSES SUCH AS 
PRIVATE INSURANCE OR SETTLEMENT OF ESTATE, SECURED 


PROMISSORY NOTE OR DEED OF ASSIGNMENT OF PROCEEDS 
SHALL 
BE 
REQUIRED 
BEFORE 
THE 
ISSUANCE 
OF 
THE 
APPROPRIATE CERTIFICATE AND DOCUMENTS FOR SUCH 
PURPOSES, PROVIDED FURTHER, THAT A GUARANTEE LETTER 
FROM EITHER THE SSS, GSIS, OR PHILHEALTH IF THE DECEASED 
WAS A MEMBER OF THE SAID AGENCIES, OR THE DSWD IF THE 
DECEASED WAS AN INDIGENT MAY TAKE THE PLACE OF THE 
PROMISSORY NOTE. 
 
SEC. 3. Section 3 of R.A. 9349, entitled "An Act Prohibiting the Detention of Patients 
in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical 
Expenses" is hereby amended to read: 
"SECTION 3. Any officer or employee of the hospital or medical clinic responsible 
for releasing patients, who violates the provisions of this Act shall UPON 
CONVICTION BY FINAL JUDGMENT, BE PUNISHED BY IMPRISONMENT OF 
NOT LESS THAN SIX (6) MONTHS AND ONE (1) DAY BUT NOT MORE THAN 
TWO (2) YEARS AND FOUR (4) MONTHS, OR A FINE OF NOT LESS THAN 
ONE HUNDRED THOUSAND PESOS (P100,000.00), BUT NOT MORE THAN 
THREE HUNDRED THOUSAND PESOS (P300,000.00) OR BOTH, AT THE 
DISCRETION OF THE COURT: PROVIDED, HOWEVER, THAT IF SUCH 
VIOLATION WAS COMMITTED PURSUANT TO AN ESTABLISHED POLICY 
OF THE HOSPITAL OR CLINIC THAT IS OWNED BY A JURIDICAL ENTITY, 
THE MANAGEMENT OF THE HOSPITAL OR CLINIC SHALL, UPON 
CONVICTION BY FINAL JUDGMENT, PAY A FINE OF NOT LESS THAN ONE 
MILLION PESOS (P1,000,000.00), BUT NOT MORE THAN TWO MILLION 
PESOS (P2,000,000.00) AT THE DISCRETION OF THE COURT. FURTHER, 
UPON THREE (3) REPEATED VIOLATIONS COMMITTED PURSUANT TO AN 
ESTABLISHED POLICY OF THE HOSPITAL OR CLINIC OR UPON THE 
INSTRUCTIONS OF ITS MANAGEMENT, THE HEALTH FACILITY'S LICENSE 
TO OPERATE SHALL BE REVOKED BY THE DEPARTMENT OF HEALTH 
(DOH)." 
 
SEC. 4. Section 4 of R.A. 9349, is hereby amended to read:  


 
“SEC. 4. The Department of Health shall promulgate the necessary rules and 
regulations to carry out the provisions of this Act AND SHALL LAUNCH AN 
INFORMATION CAMPAIGN REGARDING THE SAME.” 
 
SEC. 5. Anti-Hospital Detention Assistance Fund. - There is hereby created an Anti-
Hospital Detention Assistance Fund amounting to One Hundred Million (P100,000,000.00) to 
be managed by the DOH. This fund shall be used to partly cover unpaid promissory notes 
issued by poor and indigent patients. The amount necessary for the initial implementation of 
this Act shall be charged against the current appropriations of the DOH who shall set up an 
Anti-Hospital Detention Assistance Fund for patients. Thereafter, the funds necessary to carry 
out the provisions of this Act shall be sourced from the Medical Assistance for Indigent Patients 
(MAIP) Program Funds of the DOH. 
 
PROVIDED, HOWEVER THAT THE ANTI-HOSPITAL DETENTION FUND 
SHALL NOT COVER PATIENTS ADMITTED TO ROOMS OTHER THAN THE 
HOSPITAL WARD, EXCEPT WHEN THE SAID PATIENT WAS ADMITTED TO A 
PRIVATE OR SEMI-PRIVATE ROOM DUE TO UNAVAILABILITY OF BED IN THE 
WARD, OR WHEN THE PATIENT’S CASE, AS CERTIFIED BY THE PHYSICIAN OR 
MEDICAL PROFESSIONAL, DEMANDS THAT THE PATIENT MUST BE ADMITTED 
TO A PRIVATE ROOM FOR PURPOSES OF INTENSIVE CARE, QUARANTINE OR 
OTHER COMPELLING CIRCUMSTANCES, I SUCH CASE, THE HOSPITAL OR 
MEDICAL CLINIC SHALL ISSUE TO THE PATIENT A CERTIFICATION THAT SAID 
ADMISSION TO A PRIVATE OR SEMI-PRIVATE ROOM WAS DUE TO SUCH 
REASONS. 
 
SEC. 5. Implementing Rules and Regulations. - The Department of Health, jointly with 
the Department of Social Welfare and Development, the Government Service Insurance 
System, Social Security System, Philippine Charity Sweepstakes Office, and the Philippine 
Health Insurance Corporation shall, within six (6) months from the effectivity of this Act, 
promulgate the rules and regulations necessary for the proper implementation of this Act. 
 


SEC. 6. Separability Clause. - If any provision of this Act is declared unconstitutional 
or invalid, other provisions not otherwise affected shall remain in full force and effect. 
 
SEC. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations or parts 
thereof which are inconsistent with this Act are hereby repealed or amended accordingly. 
 
SEC. 8. Effectivity Clause – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,