Republic of the Philippines
HOUSE OF REPRESENTATIVES RECEIVED
Quezon City, Metro Manila pare 30 J 205

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 502

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
UPHOLDING THE RIGHT OF PATIENTS TO THE REDRESS OF THEIR
TREATMENT-RELATED GRIEVANCES BY MANDATING THE CREATION OF
GRIEVANCE BOARDS IN ALL PUBLIC AND PRIVATE HOSPITALS
TO BE SUPERVISED BY THE DEPARTMENT OF HEALTH,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Philippine Constitution upholds the right of every Filipino to health and
human dignity. Article II, Section 15 specifically provides that “The State shall protect and
promote the right to health of the people and instill health consciousness among them.” In the
evolving landscape of healthcare, characterized by increased access, heightened patient
awareness, and rapid medical advancements, this constitutional mandate holds even greater

relevance today.

Although recent efforts, such as the Universal Health Care (UHC) law. have expanded
access to medical services nationwide, reports from the Department of Health (DOH) and the
Philippine Health Insurance Corporation (PhilHealth) show that many patients continue to
experience issues regarding the quality of healthcare. In 2023 alone, the DOH received over
1.200 patient complaints, ranging from substandard services and delays in treatment to
allegations of malpractice and neglect. Unfortunately, the available legal remedies, such as
civil suits under Article 2176 of the Civil Code, criminal charges under the Revised Penal Code,


or administrative complaints under the Medical Act of 1959, are often expensive, time-

consuming, and intimidating for ordinary citizens.

To address this issue, there is an urgent need for a more straightforward, more
accessible, and less adversarial system for addressing complaints in healthcare settings. This
proposal envisions the establishment of a formal grievance redressal mechanism in all
healthcare institutions, whether public or private. Each facility would establish a Grievance
Committee composed of hospital administrators, licensed physicians, a representative from the
local health office, and a representative from a local consumer arbitration officer. This
committee would handle complaints related to acts or omissions by health professionals and

seek to resolve them through fair and impartial mediation.

Patients or their representatives would be allowed to submit grievances, detailing their
concerns and the relief they are seeking. The Grievance Committee would then review the case,
conduct a fact-finding process, and strive to resolve the issue in a timely and respectful manner.
Importantly, utilizing this grievance system does not prevent the complainant from pursuing
further legal or administrative action. Instead, it provides an initial layer of institutional

accountability that is both accessible and responsive to the public's concerns.

In recognition of the constitutional right to health and the pressing need for a patient-
centered and transparent healthcare system, this bill aims to establish a grievance redress

mechanism in all healthcare institutions nationwide.

D. REMULLA


war nunewune

11
12
2B
14
15

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 5a

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
UPHOLDING THE RIGHT OF PATIENTS TO THE REDRESS OF THEIR
TREATMENT-RELATED GRIEVANCES BY MANDATING THE CREATION OF
GRIEVANCE BOARDS IN ALL PUBLIC AND PRIVATE HOSPITALS
TO BE SUPERVISED BY THE DEPARTMENT OF HEALTH,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be known as the “Patients’ Grievance
Machinery Act”
SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect and promote
the right to health of the people and instill health consciousness among them. Likewise, the

State values the dignity of every human person and guarantees full respect for human rights.
To this end, an efficient, effective and just grievance mechanism must be created to protect the
rights of patients to decent, humane and quality health care. This Act aims to establish a
reasonable mechanism for resolving problems and complaints in connection with their
treatment.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as
follows:

(1) Grievance - any complaint arising from injury or death by a patient in relation to his
or her diagnosis, prognosis and treatment by a physician and/or his or her assistant due to, but
not limited to, the following:

a. Gross negligence or gross incompetence in the practice of his or her profession:


Cer HH eFwNH

11
12
13
14

16
v7
18
19
20
21
22
23
24
25
26
27
28
29
30
31

33

b. Aiding or acting as a dummy of an unqualified or unregistered person to practice
medicine;

c. Violation of the doctor-patient privilege:

(2) Gross negligence - pursuit of a course of conduct which would naturally and
reasonably result in injury. It is characterized by want of even slight care, acting or omitting to
act in a situation where there is a duty to act, not inadvertently but willfully and intentionally
with a conscious indifference to consequences insofar as other persons may be affected. The
existence of negligence in a given case is not determined by reference to the personal judgment
of a person involved in the complaint, but what would be reckless, blameworthy or negligent
in the man of ordinary intelligence, and prudence.

(3) Grievance Board - the grievance machinery instituted by a hospital that will receive,
‘examine, investigate and resolve all grievances that may fall under its jurisdiction.

(4) Legal Representative - the members of the patient’s immediate family ot his or her
guardian or counsel chosen by the patient to represent him or her.

(5) Health Care Provider- all medical and health personnel involved in the
diagnosis, prognosis and treatment of a patient.

(6) Hospital - those health institutions defined as such under Republic Act 4226 or the
Hospital Licensure Act of 1965.

(7) Consumer Arbitration Officer - persons appointed for the effective and efficient
protection of consumer rights under Republic Act No. 7394 of the Consumer Act of the
Philippines,

SEC. 4. Establishment of a Grievance Machinery in all Public and Private Hospitals.
~ All hospitals are hereby mandated to create a grievance board that will receive, investigate,
adjudicate, and recommend actions to arrive at settlement of complaints related to the
diagnosis, prognosis and treatment of patients who sought the services of such health
institution.

The Hospital-based grievance machinery shall be composed of at least five (5)
members:

(1) One (1) grievance officer appointed and permanently designated by the hospital with a
rank of supervisory or managerial, and who must not be a doctor or a physician, who
shall act as the Chairperson;

(2) Three (3) doctors from the hospital's pool of physicians, provided that, none of them
were part of the team who treated the patient-complainant and, provided finally, that


COV HR HRW

1
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

they are recognized experts in the field of medicine which is the subject matter of the
grievance;
(3) One (1) representative from the Philippine Medical Association;
(4) The local health officer or his duly authorized representative, provided, that the latter
ate least be a full-time staff of the local health unit, and at least a college graduate;
(5) One (1) consumer arbitration officer exercising jurisdiction over the area where the
hospital is located;
Each hospital shall prepare a list of experts for each filed who are authorized to sit in
the Board.
‘The Department of Health shall ensure the establishment of and oversee the grievance
committees created under this Act.
The successive steps in the procedure, the method of presenting grievances, and the
method of taking an appeal should be clearly stated and integrated in the hospital's rules and
regulations.

SEC. 5. How grievance is taken; time for filing. - A patient desiring to file a grievance

under this Act may file a complaint in writing, signed and sworn to by the patient himself or
herself, or his or her legal representative with the hospital's grievance board within thirty (30)
days from the happening of the event which forms basis of the complaint. The complaint must
state the act or omission complained of, the parties against whom the complaint is directed at,
the conduct or duty violated, other allegations that the complainant may deem necessary to
include.

SEC. 6. Action on the grievance. - Upon receipt of the grievance, the grievance officer
shall examine the allegations of the complaint and determine of falls within the jurisdiction of
the Grievance Board. The officer shall give due notice of the respondents. For purposes of
determining whether the complaint is actionable or not, the grievance officer may require or
allow the parties to submit affidavits, briefs or other documents as it may deem necessary
within such periods and under such conditions as it may consider appropriate.

The grievance officer shall have fifteen (15) days from the receipt of the complaint to
act on the same. If the complaint is considered not actionable for a valid cause, the grievance
officer shall inform the patient, or his or her legal representative, in writing, of the basis of the
said dismissal. Should the officer find that the complaint is actionable, he or she shall submit a
report to and recommend the case for mediation before the Board.

The Board shall resolve the grievance within thirty (30) days from receipt of the

officer’s report.


COI HD HEWN

11
12
123
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

Nothing in this Act shall deprive the patient the right to seek other remedies allowed
under the laws, provided that he or she shall not be allowed to recover twice for the same
remedy.

SEC. 7. Remedies to be Awarded. - Upon finding that the physician and/or his or her
assistants are guilty of any of the acts identified herein as grievances, the Board, though a
majority vote of all the members of the Board, except the Grievance Officer who endorsed the
grievance, may grant the relief prayed for by the complainant, provided, it shall be limited to
compensation for actual monetary loss and will not cover “pain and suffering or other explicitly
non-monetary losses. The Committee may likewise recommend the respondent for disciplinary
action under the civil service rules and regulations in case of public hospitals, and the
physician’s medical association.

SEC. 8. Rules of Procedure. - The hospital shall promulgate rules of procedures
governing the resolution of grievances, Provided, it shall not be inconsistent with any of the
provisions of this Act, and Provided, Further, that prior to the implementation, the rules of
procedure shall be submitted to the Department of Health for the latter's approval. The
procedure should be adaptable to the handling of various types of grievances which may be
adjudicated under the hospital's grievance machinery and facilitate the settlement of

complaints as soon as possible after they arise. It shall also include the rules on taking appeal.

A\ll the records received from the parties and the proceedings of the Board shall be
strictly confidential and cannot be disclosed, except upon lawful order of a competent court.

SEC. 9. Appeal. - Any party adversely affected by a decision, ruling or inaction by the
hospital-based grievance machinery on a patient's grievance, may file an appeal before the
Secretary of the Department of Health, who shall act on the appeal within thirty (30) days from
the receipt of the appeal.

SEC. 10. Prescriptive Period. - The time during which the case is submitted for
mediation shall toll the running of the prescriptive period for the filing of a civil or criminal
case under the Revised Penal Code or any administrative case under existing laws.

SEC. 11. Protection Against Retaliation. — No hospital, healthcare provider, or
personnel shall retaliate against any patient, relative, or staff member who files or assists in the
filing of a grievance. Acts of retaliation shall be subject to disciplinary measures, including
suspension or revocation of licenses, depending on the severity.

SEC. 12. Rules and Regulations. - The Secretary of Health, in consultation with the

Philippine Medical Association, the Philippine Hospital Association, the Philippine Health


war nuneswne

Insurance Corporation and concerned private agencies, non-governmental organizations and
people’s organizations shall promulgate such rules and regulations as may be necessary for its
implementation within one hundred eighty (180) days from the effectivity of this Act.

SEC. 13. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SEC. 14, Repealing Clause. - All laws, decrees, orders, rules, and regulations or parts
thereof, inconsistent with this Act are hereby amended or modified accordingly.

SEC. 15. Effectivity Clause. - This act shall take effect fifteen (15) days following its

publication in a newspaper of general circulation.

Approved,