,:\ 
,:; 
,'' , ' 
OF THE PHILIPPINES 
1 
p; 
FOURTEENTH CONGRESS OF THE REPLBLIC) 
First Regular Session 
) 
S.No. SENATIS 
2 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article I1 provides: 
Section 15. The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Pursuant to this Constitutional mandate, the government has implemented various health 
policies to protect the right to health of the people and public health workers. Specifically, 
Republic Act No. 8344 penalizes any proprietor, officer, medical practitioner and employee of a 
hospital or medical clinic who solicits, demands or accepts any deposit or any other form of 
advance payment as a prerequisite for medical treatment or confinement. Likewise, Republic Act 
No. 7305 otherwise known as the Magna Carta for Public Health Workers aims to promote and 
improve their living and working conditions and terms of employment in order that they will be 
more responsive and better equipped to deliver health projects and programs. 
There are also several pending legislative measures in Congress, which seek to provide 
more rights to patients. Unfortunately, private medical practitioners - the indispensable partner of 
the government in the delivery of health services to the people - have not been accorded the same 
legal rights and protection as their counterpart in the public sector. 
Even in the absence of a law prohibiting hospitals from detaining a patient or withholding 
the release of a cadaver for failure to settle hospital bills, some hospitals release the patients or 
cadavers even before making full payment of hospital bills. However, these hospitals withhold 
the payment of professional fees of medical practitioners pending full settlement of patients' 
hospital bills. Hence, this bill seeks to afford protection to medical practitioners by curtailing this 
unjust practice of some hospitals and medical clinics to withhold the payment of professional 
fees. It is the foremost intention of this measure to institute a mechanism that will ensure fair and 


equitable terms acceptable to both the hospital and medical practitioners whenever patients make 
payments of hospital bills. 
Moreover, since medical practitioners have no collection agent to demand payment of 
their professional fees and it would be grossly degrading for them to constantly make follow-ups 
or verify from hospitals whether their patients have already settled their unpaid hospital bills, 
hospital or medical clinic shall provide them with a statement of account containing the total 
professional fee charged, amount already received, balance receivable and update of patients 
payment. 
This is a Senate counterpart bill to one filed in the House of Representatives by Rep. 
Emilio C. Macias 11. 
' L  


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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 
AN ACT 
PROVIDING FOR A FAIR AND EQUITABLE TERMS FOR THE RELEASE OF 
MEDICAL PRACTITIONERS’ PROFESSIONAL FEES WITHHELD BY 
HOSPITALS OR MEDICAL CLINICS FOR FAILURE OF THE PATIENT TO 
PAY HOSPITAL BILLS AND PENALIZING VIOLATIONS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. SECTION 1. Short Title. - This Act shall be known as the “Medical 
Practitioners Protection Act of 2008.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
protect and promote the right to health and enhance the right of all the people to human dignity. 
Toward this end, this Act aims to protect the economic well-being of medical practitioners to 
ensure a more responsive and efficient delivery of health services to all the people. 
SECTION 3. De$nition of Terms. -For purposes of this Act, the term: 
(A)“Medical Practitioner” means any person authorized by law to engage in giving 
diagnosis, treatment and care of persons suffering from illness, diseases or deformity, obstetrical 
and other medical care and other damage to the mind or body, which includes but not limited to 
persons practising general medicine, anesthesiology, obstetrics and gynecology, pediatrics, 
urology, psychiatry, and like medical professions; 
(B) “Hospital” means a facility devoted primarily devoted to the diagnosis, treatment and 
care of individuals suffering from illness, disease, injury, or in need of obstetric or other medical 
and nursing care. It shall also be constrned as any institution, building or place where there are 
facilities and personnel for the continued and prolonged care of patients; and 
(C) “Medical Clinic” means a place in which patients can avail of medical consultation or 
treatment on an out-patient basis. 
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 
26 
27 
SECTION 4, Payment of Professional Fee. - Whenever a patient pays his hospital bill, 
the release of the professional fee collected by the hospital or medical clinic shall be subject to 
the following conditions: 
(A)When full payment is made by the patient, the professional fee collected net of the 
withholding tax shall be released in hll; 
(B) When partial payment is made by the patient, the professional fee to be released shall 
be proportionate to the total cost of hospitalization and the withholding tax deducted by the 
hospital Erom the professional fee shall be proportionate to the partial payment made. 
Whenever payment is made by the patient, the professional fee shall be immediately 
deposited into the bank account of the medical practitioner. 
SECTION 5. Statement of Account. - Hospital or medical clinic shall provide the medical 
practitioner a monthly update or statement of account containing the total amount of professional 
fee charged, amount already paid and balance receivable. 
SECTION 6. Prohibited Acts; Penalties. - It shall be unlawful for any hospital or 
medical clinic to withhold, except for taxation purposes, the professional fee of medical 
practitioners due to the patients' faihue to pay their hospital bills. 
Any hospital or medical clinic found in violation of this Act shall be penalized with a fine 
of not less than Twenty Thousand Pesos (P20,OOO.OO) but not more than Fifty Thousand Pesos 
(P50,OOO.OO). 
In addition, a penalty of imprisonment ofprision correctional may be imposed on the 
hospital or medical clinic's responsible officers, including, but not limited to, the president, vice- 
president, chief executive officer, general manager, managing director or officer directly 
responsible therefore, if any of them are found to have known of, or consented to, such unlawful 
withholding of professional fees. 
In both in cases, the court shall take into consideration all attending circumstances. 
SECTION 7. Separability Clause. -If any part hereoF, is held invalid or unconstitutional, 
the remainder of the provision not otherwise affected shall remain valid and subsisting. 
2 


1 
2 
3 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
4 
5 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
6 
Approved, 
3