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Republic of the Philippines 25 JUL 2017
House of Representatives \

Quezon City, Meteo Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL No.__8053

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Introduced by Representative Erico Aristotle C. Aumentado

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EXPLANATORY NOTE

This bill seeks to prohibit hospitals and medical clinics from withholding
the death certificates of deceased patients due to non-payment of hospital bills,
professional fees and other medical expenses and provides penalties for
violation thereof.

A death certificate is an important legal document. It does not only
provide information on the cause of death but also serves as a record and
evidence on the occurrence of death.

Under Section of 6 of Act No. 3753 or the Law on Registry of Civil
Status, “No human body shall be buried unless the proper death certificate has
been presented and recorded in the office of the local civil registrar. ” Thus, a
death certificate is required for the burial or cremation of a deceased person.

Further, Republic Act No. 9439, entitled “An Act Prohibiting the
Detention of Patients in Hospitals and Medical Clinics on Grounds of Non-
Payment of Hospital Bills or Medical Expenses” provides that the death
certificate of the deceased patient and other documents required for internment
and other purposes shall be released to any of the surviving relatives requesting
for the same. The law does not apply, however, to patients who stayed in
private rooms. This could be the reason why some hospitals, especially private
hospitals, withhold the issuance of the death certificate of the deceased patient
unless the hospital bills, professional fees and other medical expenses incurred
by the patient have been fully paid. There are many reported cases wherein the
family of the deceased patient fails to accord the decedent proper wake and

Bill Drafting Service


burial because the hospital has not issued the necessary death certificate for
unpaid hospital bills. This situation causes additional pain and suffering to the
grieving family of the deceased especially to those who cannot pay the bill.
Furthermore, without the death certificate, the family is precluded from filing
the legal actions to claim the insurance and death benefits of the deceased and
the processes to transfer property or settle the estate of the deceased.

This bill aims to ensure the release of the death certificate even from
private hospitals and medical clinics, to give due dignity to the dead and allow
the bereaved family and relatives to proceed and claim their rights under the law
as survivors of the deceased.

In view of the foregoing, approval of this bill is earnestly sought.

ERICO ARISTOTLE C. AUMENTADO


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Republic of the Philippines
House of Representatives
Quezon City, Metro Mails

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6053

Introduced by Representative Erico Aristotle C. Aumentado

AN ACT
PROHIBITING HOSPITALS AND MEDICAL CLINICS FROM
WITHHOLDING THE DEATH CERTIFICATES OF DECEASED
PATIENTS DUE TO NON-PAYMENT OF HOSPITAL BILLS,
PROFESSIONAL FEES AND OTHER MEDICAL EXPENSES AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic to
withhold the death certificate and other pertinent documents of a deceased
patient due to non-payment of hospital bills, professional fees and other medical
expenses.

Notwithstanding the unpaid obligation of the patient, the hospital or
medical clinic shall issue the death certificate to the surviving relatives of the

deceased within three (3) working days after receipt of the request.

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Any hospital or medical clinic who fails or refuses to issue the death
certificate of the deceased patient shall be punished with a fine of not less than
One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00) and the officer or employee responsible for the
order not to release and issue the death certificate shall suffer the penalty of
imprisonment of not less than one (1) month but not more than six (6) months.

SEC. 2. Within sixty (60) days from the approval of this Act, the
Secretary of Health shall promulgate the necessary tules and regulations for the
effective implementation of this Act.

SEC. 3. All laws, decrees, orders, issuances, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 4. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,