SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
SENATE BILL NO.
* 
o( iltf f^'ri?rarj>
'17 
MAR 16 
P 3 « l
RECtiVtU L\.
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, 
PROVIDING A GRIEVANCE MECHANISM THEREOF AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
Every person shall be given appropriate health care based on their needs and 
must not be deprived of their right without discrimination regardless of their 
social status.
Thus, this bill seeks to ensure the rights of Filipino people to proper 
healthcare, protect their wellbeing, and instill health consciousness among 
them. As part of the society, it is only just to provide them with a decent 
quality health care they desei*ve without prejudice. All patients must be 
treated fairly and equally, human dignity, convictions, integrity, individual 
needs and culture shall be respected, especially to those who are 
underprivileged who doesn't have the means to afford one. Patients' needs to 
be informed as well insofar their rights and moral obligations are concerned, 
through the Department of Health, upon the enactment of this act, it is their 
duty to conduct a nationwide campaign to raise awareness of the people's 
right as patients.
Tlierefore, with that said being, the immediate passage of this bill is earnestly 
sought.
JOSEPH VICTOR G. EJERCITO


SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S'ciinir
uf llif »'5ru Plai jj
'17 
MAR 16 
P 3 « 1
RECCIMO bV.
SENATE
SENATE BILL NO. 1 4 0 2
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, 
PROVIDING A GRIEVANCE MECFIANISM THEREOF AND FOR 
OTHER PURPOSES
Be enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Short Title. - This Act shall be known as the "Magna Carta of 
Patient's Rights and Obligations Act of 2017."
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote the right to health of the people and instill health consciousness 
among them. It shall likewise protect and enhance the right of all people to 
human dignity thereby establishing the Magna Carta of Patient's Rights and 
Obligations in order to ensure a decent, humane and quality Health Care for 
all patients and Health Care Providers.
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall 
be defined as follows:
a. Emergency Patient - one who is in immediate threat of dying or losing 
life or limb;


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b. Health Care - measures taken by a Health Care Provider or in a Health 
Care Institution in order to determine a patient's state of health or to 
restore or maintain it;
c. Health Care Institution - a site devoted primarily to the maintenance 
and operation of facilities for the prevention, diagnosis, treatment and 
care of individuals suffering from illness, disease, injury or deformit}r if 
in need of medical and nursing care;
d. Health Care Provider - any physician, dentist, nurse, pharmacist or 
paramedic and other supporting health personnel, including, but not 
limited to, dental and medical technicians and technologists, nursing 
aides, therapists, nutritionists trained in Health Care and/or duly 
registered and licensed to practice in the Philippines as well as 
traditional and alternative HealtliCare practitioner; and
e. Patient - a person who avails of the health and medical care services.
SEC. 4. Individual Rights of Patients. - Tlie following individual rights of 
Patients shall be respected by all tliose involved in the delivery of Health Care 
sei'vices;
a. Right to Good Quality Health Care and Humane Treatment - Every 
person has a right to a continuity of good quality Health Care without 
discrimination and within tlie limits of the resources, manpower and 
competence available for health and medical care. In the course of such 
care, his human dignity, convictions, integrity, individual needs and 
culture shall be respected.
If a Patient cannot immediately be given treatment that is 
medically necessary, he shall be informed of the reason for the delay 
and be treated in accordance with his best interests: Provided, that the 
treatment applied shall be in accordance with generally accepted 
medical principles.


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EmergLMicy Patients shall be extended immediate medical care 
and treatment without requiring, as a prerequisite thereof, any 
pecuniary consideration.
b. Right to Dignity - The Patient's dignity, culture and value shall be 
respected at all times in medical care and teaching. Likewise, terminally 
ill patients shall be entitled to humane terminal care to make dying as 
dignified and comfortable as possible.
c. 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. In line with this, the Department of Health, in coordination 
with Health Care Providers, professional and civic groups, the media, 
health insurance corporations, people's organizations and local 
government organizations, shall launch and sustain a nationwide 
information and education campaign to make known to the people their 
rights as Patients, as provided in this Act. It shall also be the duty of 
Health Care Institutions to inform Patients of their rights as well as of 
the institution's rules and regulations that apply to the conduct of the 
Patient while in the care of such institution. These rights and rules and 
regulations shall be posted in a bulletin board conspicuously placed in a 
Health Care Institution
d. Right to Choose His Physician /  Health Institution - The Patient is free 
to choose the sei-vices of a physician or health institution of his choice 
except when he chooses to be confined in a charity ward. In this case, 
the attending physician shall be the consultant under whose sei-vice the 
patient was admitted as appearing in the Doctor's Order Sheet of the 
Medical Record, the Patient shall have the right to seek a second 
opinion and subsequent opinions, if necessaiy, from another physician 
or health institution, and to change his physician or health institution,
e. Right to Informed Consent - The Patient has a right to self- 
determination and to make free decisions regarding himself/herself, 
however, the attending physician shall inform the Patient of the I 
consequences of his/her decisions.


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A Patient who is mentally competent and is of legal age, or in his 
incapacity or age of minority, his legal representative, has a right to a 
clear explanation, in layman's terms, of all proposed or contemplated 
procedures, whether diagnostic or therapeutic, including the identity 
and professional circumstances of the person or persons who will 
perform the said procedure or procedures. The explanation shall 
include the amount of information necessary and indispensable for him 
to intelligently give his consent, including, but not limited to, the 
benefits, risk, side effects and the probability of success or failure, as a 
possible consequence of said proposed procedure or procedures, 
including the implications of withholding consent. In the explanation, 
the comprehensive ability of the patient shall also be considered, taking 
into account his level of education, the dialect or language that he 
speaks and understands, and if possible, with the use of anatomic 
sketch or any materials or visual aids that may aid the Patient, or his 
legal representative, in fully understanding the proposed procedure or 
procedures.
The right to informed consent shall likewise consider the 
voluntariness in which the Patient or his/her legal representative has 
given his/her consent, seeing to it that the Patient or his legal 
representative was allowed to ask questions, or that he/she is given the 
chance to consult his/her kin, or to seek another expert opinion. If the 
Patient is unconscious or is unable to express his/her will, informed 
consent must be obtained 
whenever 
possible from a 
legal 
representative; Provided however, that when medical intervention is 
urgently needed, the consent of the patient may be presumed; Provided 
further, that a physician should always try to save the life of a Patient 
who is unconscious due to suicide attempt.
In the case of a Patient who is legally incompetent or is a minor, 
the consent of a legal representative is required; Provided however, that 
the Patient must be involved in the decision making process to the 
fullest extent allowed by his mental capacity. If the legally incompetent 
Patient can make rational decisions, his/her decisions must be 
respected, and he/she has the right to forbid disclosure of such 
information to his/her legal representative.


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If the patient's legal representative forbids treatment, but, in the 
opinion of the physician, it is contrary to the patient's best interest, the 
physician may challenge this decision in court; Provided however , that 
in emergency cases, the physician shall act in the patient's best interest; 
Provided further, that in emergency cases where there is no one who 
can give consent on the patient's behalf, the physician can perform any 
emergency diagnostic or treatment procedure in the best interest of the 
patient.
f. Right to Refuse Diagnostic and Medical Treatment - The Patient has 
the right to refuse diagnostic and medical treatment procedures, 
provided that the following conditions are satisfied;
1. The Patient is of legal age and is mentally competent;
2. The Patient is informed of the medical consequences of his/her 
refusal;
3. The Patient releases those involved in his care from any obligation 
relative to the consequences of his/her decision; and
4. The Patient's' refusal will not jeopardize public health and safety.
g. Right to Refuse Participation in Medical Research - The Patient has 
the right to be advised of plans to involve him/her in medical research 
that may affect the care or treatment of his/her condition. Any 
proposed research shall be performed only upon the written informed 
consent of the Patient.
h. Right to Religious Belief and Assistance - The Patient has the right to 
receive spiritual and moral comfort, including the help of a priest or 
minister of his/her chosen religion. He/she also has the right to refuse 
medical treatment or procedures which may be contraiy to his religious 
beliefs, subject to the limitations de.scribed in paragraph 6 of this 
Section.
i. Right to Privacy and Confidentiality - The patient has the right to 
privacy and protection from unwarranted publicity. The right to 
privacy shall include the patient's right not to be subjected to exposure, 
private or public, either by photography, publications, video-taping, 
discussion, or by any other means that would otherwise tend to reveal


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his person and identity and the circumstances under which he was, he 
is, or he will be, under medical or surgical care or treatment.
The Patient and his/her legal representative has the right to be 
Informed by the physician or his/her legal representative of the 
patient's continuing Health Care requirements following discharge, 
including instructions about home medications, diet, physical activity 
and other pertinent information.
All itlentifiable information about a patient's health status, 
medical condition, diagnosis, prognosis and treatment, and all other 
information of 
personal kind, must be kept confidential even after 
deatli; Provided, that descendants may have a right of access to 
information that will inform them of their health risks.
All identifiable Patient data must also be protected. The 
protection of the data must be appropriate as to the manner of its 
storage. Human substance from which identifiable data can be derived 
must be likewise protected.
Confidential information can be disclosed in the following cases;
1.
When the patient's medical or physical condition is in 
controversy in a court litigation and the court, in its 
discretion, orders the patient to submit to physical or mental 
examination of a physician;
ii. 
When public health or safety so demands;
111.
IV.
When the Patient, or in his incapacity, his/her legal 
representative, expressly gives tlie consent;
When the patient's medical or surgical condition is discussed 
in a medical or scientific forum for expert discussion for I 
his/her benefit or for the advancement of science and 
medicine; Provided however, that the identity of the Patient 
should not be revealed; and
V. 
When it is otherwise required by law.
j. Right to Disclosure of, and Access to. Information - In the course of 
the patient's treatment and hospital care, the Patient or his/her legal


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guardian has the right to be informed of the result of the evaluation of 
the nature and extent of his/her disease. Any other additional or 
further contemplated medical treatment on surgical procedure or 
procedures shall be disclosed and may only be performed with the 
written consent of the patient.
The disclosure of information may be withheld if giving the 
information to the Patient will cause mental suffering or further impair 
his health. Provided, That such disclosure may be withheld or deferred 
to some future opportune time upon due consultation with the patient's 
immediate family. Provided further. That such information must be 
given in a way that is appropriate to the local culture and in a manner 
tlie Patient can understand.
The Patient has the right to choose who he/she desires should be 
informed on his behalf. Provided however. That the Patient also has the 
right not to be informed on his explicit request, unless it is required for 
the protection of another person's life.
Tlie Patient has the right to be given, and examine, an itemized 
bill for hospital and medical seivices rendered. He is entitled to a 
tliorough explanation of such bill.
k. Right to Correspondence and to Receive Visitors - The Patient has the 
right to communicate with his/her relatives and other persons and to 
receive visitors subject to reasonable limits prescribed by the rules and 
regulations of the Health Care Institution.
l. Right to Medical Records - The Health Care Institution and the, 
physician shall ensure and safeguard the integrity and authenticity of 
the medical records.
The Patient, upon his/her request, is entitled to a medical 
certificate and clinical abstract. He/she has the right to view, and obtain 
an explanation of, the contents of his/her medical records from the 
attending 
physician, 
except 
for 
psychiatric 
notes 
and 
other 
incriminating information obtained about a third party.
The Patient may also obtain from the Health Care Institution a 
reproduction, at his/her expense, of his/her medical records, except for


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the psychiatric notes and incriminating evidence referred to above; 
Provided, That any relevant document that the Patient may require for 
insurance claims shall be made available to him within a reasonable 
period of time.
m. Right to Health Education - Every person has the right to health 
education that will assist him in making informed choices about 
personal health and about available health services. The education shall 
include information about healthy lifestyles and about methods of 
prevention and early detection of illnesses. The personal responsibility 
of everybody for his own health should be stressed.
n. Right to Leave Against Medical Advice - The Patient has the right to 
leave a hospital or any other Health Care Institution regardless of liis 
physical condition; Provided, that:
i. 
He/she is informed of the medical consequences of his/her 
decision;
ii. 
He/she releases those involved in his/her care from any 
obligation relative to the consequences of his/her decision; and
iii. 
His/her decision will not prejudice public health and safety.
o. Right to Express Grievances. - Every Patient has the right to express 
valid complaints and grievances about the care and services received 
and to know the disposition of such complaints, in accordance with 
Sections 7-8 of this Act.
SEC. 5. Societal Rights of Patients. - In addition to the Individual rights of 
Patients, the Patient has likewise the following societal rights;
a. Right to Health - The Patient has the right to access quality Health Care 
and physicians who are free to render clinical and ethical judgment 
without interference or external pressure. He has likewise the right to 
regain/and or acquire the highest attainable standard of health in a 
non-discriminatory, gender sensitive and equal manner which health 
authorities and Health Care Providers must progressively contribute to 
realize.


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b. Right to Access to Quality Public Health Care - The Patient has the 
right to a comprehensive and integrated Health Care delivery system 
with the necessary manpower and facility resources. He shall also have 
the right to a functioning public health and Health Care facilities, 
needed programs, such as public health insurance, goods and sei-vices 
in sufficient quantity. He shall likewise be provided with health 
facilities and services with adequate provision for essential drugs, 
regular screening programs, appropriate treatment of prevalent 
diseases, illnesses, injuries and disabilities. Towards tliis end, tlie 
government shall approximate the international standard allocation for 
the health sector as set by the World Health Organization.
c. Right to a Healthy and Safe Workplace - The Patient as the right to a 
healthy natural workplace environment with adequate supply of safe 
and potable water and basic sanitation, industrial hygiene, prevention 
and reduction of exposure to harmful substances, preventive measures 
for occupational accidents and diseases, and an environment that 
discourages abuse of alcohol, tobacco and drug use, and the use of other 
harmful substances.
d. Right to Medical Information and Education Programs - The Patient 
has the right to medical information and education programs on 
immunization; prevention, treatment and control of diseases; behavior 
related concerns; and disaster relief and emergency situations during 
epidemics and similar health hazards. Tlie State shall endeavor to 
provide these information through lectures, symposia, tri-media, 
posters and the like.
e. Right to Participate in Policy Decisions - The Patient has the right to 
participate in policy decisions relating to patient's right to health at the 
community and national levels.
f. Right to Access to Health Facilities - The Patient has the right to be 
admitted to primary, secondary, tertiaiy and other specialty hospitals 
when appropriate and necessary.
g. Right to an Equitable and Economical Use of Resources - The Patient 
has the right to an equitable and economical use of resources such that


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health institutions, projects and programs of the State are equitably 
established and implemented in various regions of the country.
h. Right to Continuing Health Care - The Patient has the right to avail of 
or secure access to programs that will ensure continuity of care in the 
form of hospice care, rehabilitation, chemotherapy, radiotherapy arid 
other similar modalities.
i. Right to Be Provided Quality Health Care in Times of Insolvency - 
The Patient has the right, at all times, to access quality medical care in 
spite of insolvency. The State must provide for a system of payment to 
Health Care Institutions and Providers for all the valid and necessary 
medical expenses of the. poor and marginalized citizens.
SEC. 6. The Obligations of Patients. - Tlie Patient shall fulfill the following 
obligations and responsibilities regarding his/her medical care and/or 
personal behavior;
a. Know Rights - The Patient shall ensure that he knows and understands 
what his/her rights as a Patient are and shall exercise those rights 
responsibly and reasonably.
b. Provide Adequate, Accurate and Complete Information - The Patient 
shall provide, to the best of his/her knowledge, adequate, accurate and 
complete information about all matters pertaining to his/her health, 
including medications and past or present medical problems, ailments, 
medical history, consultation with other physicians, results of 
diagnostic work-up and treatment, to his/her Health Care Provider.
c. Report Unexpected Health Changes - Tlie Patient shall report 
unexpected changes to his/her condition or symptoms, including pain, 
to his/her Health Care Provider.
d. Understand the Purpose and Cost of Treatment - The Patient shall 
ensure that he/she understands the purpose and cost of any proposed 
treatment or procedure before deciding to accept it. He/she shall notify 
his/her Healtli Care Provider if he/she does not understand any
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information about the proposed care or treatment. The Patient shall 
insist upon explanations until adequately informed and shall endeavor 
to make all the necessary consultations before reaching a decision.
e. Accept the Consequences of Own Informed Consent - The Patient 
shall accept all the consequences of his/her own informed consent. If 
he/she refuses treatment or does not follow the instructions or advice of 
the Health Care Provider, he/she must accept the consequences of such 
decision and relieve the Health Care Provider of any liability as a result 
of the exerci.se of his/her right to self-determination.
f. Settle Financial Obligations. - The Patient shall ensure that tlie 
financial obligations as a result of his/her Health Care are fulfilled as 
promptly as possible. Otherwise, he/she shall make the appropriate 
arrangements to settle unpaid hospital bills and/or professional fees in 
accordance with Republic Act No. 9439. The patient must seek support 
from the State in order to establish a system of payment to Health Care 
Institutions and Providers.
g. Respect the Rights of Health Care Providers, Health Care Institutions 
and Other Patients - The Patient is obligated to give due respect to the 
rights and well-being of Health Care Providers, Health Care Institutions 
and other Patients. He shall act in a considerate and/or cooperative 
manner and shall give respect to the rights and properties of others. He 
shall follow the policies, rules and regulations, and procedures of 
Health Care Institutions.
h. Obligation to Self - The Patient shall refrain from indulging in 
unhealthy food consumption; addiction forming substance foods such 
as tobacco, alcohol and drugs; lifestyles that have an adverse impact on 
health, such as sexual promiscuity and reckless activities; and 
contamination of the environment. The Patient is obligated to maintain 
a state of wellness. i.
i. Provide Adequate Health Information and Actively Participate in 
His/Her Treatment. - Tlie Patient shall ensure that he/she has adequate 
health information that will allow him/her to actively participate in the
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formulation of his/her diagnostic and treatment plans. When he/she 
signs an informed consent, it is assumed that he has the necessary 
information.
j. Respect the Right to Privacy of Health Care Providers and 
Institutions. - The Patient has the obligation to submit grievances to the 
proper authorities or venue and not resort to unwarranted publicity in 
the media. He/she shall not disclose to the public any alleged complaint 
against Health Care Providers and/or Institutions if it has not been 
fully decided by a court or administrative tribunal of prosper 
jurisdiction.
k. Exercise Fidelity on Privileged Communication - A patient-physician 
relationship is a fiduciaiy one where mutual trust, respect and 
confidence are expected. All communications are privileged and the 
patient1 is obliged not to breach this privileged communication 
especially if it involves a third party.
l. Respect a Physician's Refusal to Treat Him - While the Patient has the 
right to choose his/her physician, he/she is also obligated to respect the 
physician's decision to choose whom he/she will treat.
m. Respect the Physician's Decision on Medical Reasons based on 
his/lier Religious Beliefs - The Patient is obliged to respect the 
physician's religious beliefs. If tlie Patient is a minor or is legally 
incapacitated, his/her parents or legal representatives are obliged to 
likewise respect the physician's decision on mailers relating to medical 
reasons despite their religious beliefs.
n. Ensure Integrity and Authenticity of Medical Records - The Patient is 
obliged to ensure the integrity and authenticity of his/her medical 
records. Any manner of alteration of his/her records is a criminal 
offense subject to the provisions of the Revised Penal Code.
o. Participate in the Training of Competent Future Physicians - The 
Patient is obligated to participate in the training of future physicians
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provided tliat necessary information is provided to him/her and the 
appropriate ethical considerations are observed.
p. Report Infractions and Exhaust Grievance Mechanism. - The Patient 
shall immediately inform his/her Health Care Provider of any 
perceived or alleged infraction of his/her rights as set forth in this Act 
through proper channels in order to promote mutual trust, respect and 
confidence, between the Provider and the and Patient. The Patient shall 
exhaust the grievance mechanism mediation provided in Sections 7-8 of 
this Act before filing any administrative or legal actitm.
SEC. 7. Grievance Mechanism. - Any written complaint arising from 
violation of any of the rights of patients shall first be submitted for mediation. 
There shall be two (2) forms of mediation: the hospital-based mediation and 
the barangay-based mediation.
The hospital-based mediation committee shall be composed of a 
physician who shall be appointed by the hospital and shall act as chairperson 
and two other (2) physicians recommended by the Philippine Medical 
Association local component society and acceptable to both parties as 
members. The chairperson and the members of the committee must be in 
good standing of the PMA and its local component society.
The barangay-based mediation committee shall be composed of the 
local health officer as chairperson, one from the religious or duly accredited 
people's organization, and one from the PMA local component society who is 
a member In good standing.
The mediation procedure shall not be adversarial in nature. The Patient 
and the Health Care Provider shall be given the opportunity to discuss the 
complaint and efforts shall be made for its amicable settlement No monetary 
compensation nor legal counsels shall be involved at this stage.
The aggrieved party shall be given thirty (30) days from occurrence of 
the incident to file his/her written complaint for mediation. Upon receipt of 
the written complaint, the concerned mediation committee shall have ninety 
(90) days to resolve the complaint.
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A successful mediation shall bar the filing of any judicial or 
administrative actions.
SEC. 8. Second-Tier Mediation. - When mediation fails or no agreement is 
reached after the lapse of the ninety (90) day period, the mediation committee 
14 shall refer the complaint to the PMA through its local component society 
for appropriate administrative action.
The PMA local component society shall seive as the second tier 
mediation. It shall be composed of the president of the local society as the 
presiding officer and one representative from each of the following: 
component medical society, specialty society corresponding to tlie case, the 
People's Health Watch or other civic organizations, and a representative from 
the local religious organization. The PMA component society shall render its 
decision within Sixty (60) days from receipt of the complaint.
In the event that the second tier medication fails, the case shall be 
automatically referred to the PMA Commission on Ethics which shall likewise 
render its decision within sixty (60) days from receipt of the complaint.
Resort to mediation and referral to the PMA Commission on Ethics 
shall be a condition precedent to the filing of a legal action in court.
All parties to the complaint shall be bound by the rules on 
confidentiality on all levels of the mediation.
All minutes of the mediation proceedings shall not be disclosed to any 
party unless authorized by the court of law. Any discussion held or 
admissions made therein shall not be used for or against any party in 
subsequent or other proceedings.
In the event there is compensation, it shall be limited to actual monetary 
loss due to treatment related to physical injuries. It shall not cover for "pain 
and suffering" or other explicit non-monetaiy loss. An award shall bar the 
patient from filing any other legal actions.
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SEC. 9. 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. 10. Inclusion in School Curriculum, Licensure Examinations and 
Training. - The provisions of this Act shall be considered in the medical and 
medical-related school curriculum and licensure examinations, including 
trainings and seminars of traditional and alternative Health Care Providers or 
practitioners.
SEC. 11. Rules and Regulations. - The Secretaiy of Health, in consultation 
with the Philippine Medical Association, the Philippine Hospital Association, 
the Philippine Institute of Traditional and Alternative Health Care and other 
concerned private agencies, non-governmental organization 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. 12: 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.
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after the date 
of its publication in at least two (2) major newspapers of general circulation.
Approved,
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