FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regdar Session 
1 
S E N A T E  
S. NO. 1193 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
This bill seeks to institutionalize a grievance machinery in all health institutions 
providing medical treatment in the Philippiries, be it private or public to protect the interest 
and welfare of patients and to uphold their right to health and to safe, humane, decent and 
quality health care. 
The Constitution, Article 11, Section 15, provides that the*State shall protect and 
promote the right to health of the people and instill health consciousness among them. 
With the advances in the practice of medicine and the increasing consciousness of 
people on the value of timely, efficient and appropriate health care, complaints of patients 
with regard to the way they are treated are increasiog in number. Some complaints arise 
from violations of the fiduciary relationship between the patient and his or her physician, 
while some arise from the violations on the amount of care that a physician must observe in 
the treatment of his or her patient, which unfortunately, causes irreparable harm to the 
latter. 
In the Philippines, a patient has the option to file a civil action, a criminal action or 
an administrative complaint against an erring physician. The basis for filing a civil action is 
Article 2176 of the Civil Code, when the act or omission causes damage to another, there 
being fault or negligence, obliges the wrongdoer ta pay for the damage done. Damages that 
may be recovered are actual or compensatory, moral, nominal, temperate or moderate, 
liquidated, or exemplary or corrective damages. A patient may also avail of provisions under 
the Revised Penal Code, particularly on physical injuries and other crimes against a person, 
which are punishable with imprisonment andor a fine. Finally, a patient may also seek the 
redress of his or her grievances administratively under the Medical Act of 1959, which 
reprimands erring physicians or suspends or revokes the registration of physicians found 
guilty of gross negligence, ignorance or incompetence in the practice of his or her profession 
resulting in an injury to or death of the patient. 
Through the grievance machinery, a patient or his or her representatives has a non- 
adversarial way of seeking the redress of his or her grievances against a physician and other 
medical personnel. His or her complaint, which must contain the cause of action, the 
particular act or omission complained of, and the remedy being sought, will go to a 
committee created for this purpose by the hospital, composed of hospital officials, doctors, 
and representatives from the local health unit, and the consumer arbitration office in the 
place where the hospital is located. Any decision of the committee will not bar the patient 


from filing any other action, which is allowed under present laws. Ultimately, the grievance 
mechanism must seek to arrive at a settlement mutuqlly acceptable to the parties. 
In view of the foregoing, the immediate approval of this measure is earnestly 
requested. 


FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
) 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
RELATED GRIEVANCES BY MANDATING THE CREATION OF GRIEVANCE BOARDS 
IN ALL PUBLIC AND PRIVATE HOSPITALS TO BE SUPERVISED BY DEPARTMENT OF 
HEALTH, AND FOR OTHER PURPOSES 
UPHOLDING THE RIGHT OF PATIENTS TO THE REDRESS OF THEIR TREATMENT- 
Be it enacted by the Senate and the House ofRepresentatives in Congress assembled: 
1 
SECTION 1. lWe. - This Act shall be known as ‘Patients’ Grievance MachineT Act 
2 
of2007.” 
10 
11 
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. Definirion of Terms. As used in this Act, the following terms are defined as 
follows: 
- 1 -  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(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: 
Aiding or acting as a dummy of an unqualified or unregistered person 
to practice medicine; 
Violation of the doctor-patient privilege: 
b. 
c. 
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, 
(2) 
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 afgcted. 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. 
Grievance Board - the grievance machinery instituted by a hospital that will 
(3) 
receive, examine, investigate and resolve all grievances that may fall under its 
jurisdiction. 
Legal Representative - the members of the patient’s immediate family or his or 
her guardian or counsel chosen by the patient to represent him or her. 
Health Care Provider- all medical and health personnel involved in the 
diagnosis, prognosis and treatment of a patient. 
Hospital - those health institutions defined as such under Republic Act 4226 
or the Hospital Licensure Act of 1965. 
(4) 
(5) 
(6) 
-2- 


1 
2 
3 
4 
5 
6 
7 
,8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(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. 5. Establishment of a Grievance Machinery in all Public and Private HospitaIs - 
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; 
Three (3) doctor 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 they are recognized experts in the field of medicine 
which is the subject matter of the grievance 
One representative from the Philippine Medical Association 
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 
,
.
 
2. 
3. 
4. 
college graduate; 
One (1) consumer arbitration officer exercising jurisdiction over the area 
5. 
23 
where the hospital is located; 
- 3 -  


1 
2 
theBoard. 
3 
Each hospital shall prepare a list of experts for each filed who are authorized to sitin 
The Department of Health shall ensure the establishment of and oversee the 
4 
5 
grievance committees created under this Act. 
The successive steps in the procedure, the method of presenting grievances, and the 
6 
7 
regulations. 
method of taking an appeal should be clearly stated and integrated in the hospital's rules and 
8 
9 
10 
SEC. 5. Howgrievance is taken; time forfiling- 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 
11 
(30) days from the happening of the event which forms basis of the complaint. The 
12 
13 
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 
14 
may deem necessary to include. 
15 
SEC. 6. Action on the grievance. - Upon receipt of the grievance, the grievance 
16 
17 
18 
19 
20 
21 
22 
23 
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 
-4- 


9 
10 
11 
12 
13 
14 
15 
16 
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. 
Nothing in this Act shall deprive the patient the right ro 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 andfor his or her 
assistants are guilty of any pf 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. 
17 
SEC. 8. 
Rules of Procedure. 
The hospital shall promulgate rules of procedures 
18 
governing the resolution of grievances, Provided, it shall not be inconsistent with any of the 
19 
provisions of this Act, and Provided, Further, that prior to the implementation, the rules of 
20 
procedure shall be submitted to the Department of Health for the latter’s approval. The 
21 
procedure should be adaptable to the handling of various types of grievances which may be 
22 
adjudicated under the hospital’s grievance machinery and facilitate the settlement of 
- 5 -  


9 
10 
11 
12 
13 
14 
15 
16 
complaints as soon as possible after they arise. It shall also include the rules on taking 
appeal. 
All 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. Prescriptjive 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. Rules and Regulations. The Secretary of Health, in consultation with the 
Philippine Medical Association, the Philippine Hospital Association, the Philippine Health 
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. 
17 
18 
19 
remain valid and subsisting. 
SEC. 11. SepambiIity Clause - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
’, 
- 6 -  


1 
SEC. 12. Repealing Clause. - All laws, decrees, orders, rules and regulations or'part's 
2 therefore, inconsistent with this Act are hereby amended or modified accordingly. 
3 
4 
SEC 13. Effectivity Clause - This act shall take effect fifteen (15) days following its 
publication in a newspaper of general circulation. 
Approved, 
- 7 -