Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
‘THIRTEENTH CONGRESS.

First Regular Session

House Bill No._226

Introduced by Hon, Rozzano Rufino B. Biazon

EXPLANATORY NOTE

While there is no contention that professionals in the field of medicine and healthcare do
not have the intention or desire to do harm to their patients, it cannot be denied that just as in any
other profession, errors due to incompetence and negligence still occur in the treatment of
patients, sometimes leading to fatal consequences.

Stories of miserable and ruined lives due to the errors of medical professionals abound in
the media. Although some in the medical field say these comprise just a very small percentage of,
patients, these are still lives of human beings which should not have been destroyed by an
equally small percentage of negligent and incompetent medical professionals.

What makes it worse is that these medical professionals are often licensed by the State to
perform their jobs, with the educational system for such professionals being highly regulated.
With the power to extend or' end lives, these professionals should perform and live up to the
expectations of the general public, In this field, to err on the right side should be the only choice.

While the present system provides for three avenues that a claimant of medical
malpractice may take --- criminal court for penal sanction, civil court for damages and the
Professional Regulation Commission to suspend or revoke a license--- this system itself
contributes to the delay, if not denial, of justice for the victim, The legal costs, not to mention the

time element involved, makes the physical effects of medical incompetence and negligence more
intolerable.

In addition, medical professionals are likewise victimized by this present system. A
doctor may have his reputation tainted by having cases filed against him in three venues, each
one lasting several years before being resolved. In the meantime, anyone is free to do damage to
his good name with the mere mention that he has cases filed against him here and there.

This bill seeks to provide the environment where patients will be provided with the best
medical care that they deserve by seeking to punish those who perform their jobs with
negligence and incompetence and weeding them out of the profession. It also provides a process
where justice is attained both by the accuser and the accused in a more reasonable way.

For this, the passage of this bill is earnestly sought.

R ‘NO fe B. ,

Representative
Lone District of Muntinlupa


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
‘THIRTEENTH CONGRESS,
First Regular Session

House Bill No.__ 226

Introduced by Hon. Rozzano Rufino B, Biazon

AN ACT

ESTABLISHING A MEDICAL AND HEALTH CARE LIABILITY LAW, PROVIDING

PENALITIES THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Medical and Health Care Liability
Act of 2002”,

SEC. 2. Policy and Objectives. - The State shall protect and promote the right to health
of the people and instill health consciousness among them. It shall ensure the safety and well
being of patients by creating an environment wherein incompetent and negligent medical
practitioners shall not go unpunished.

The State shall provide patients a venue to address their grievances and claims against
incompetent and negligent medical practitioners.

SEC. 3. Definition of Terms. For the purpose of this Act unless the context otherwise
requires, the following terms shall have the following meanings:

a)

1)

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Medical Practitioner ~ shall refer to individuals in the medical and health profession,
duly certified by the Professional Regulatory Commission where applicable, who
have direct responsibility in the treatment, surgery, diagnosis or care of patients such
as, but not limited to, physicians, dentists, nurses, pharmacists and paramedics,

Medical Malpractice ~ shall refer to acts of gross negligence or incompetence or
omission by a medical practitioner resulting to a new or aggravated injury or illness,
deformity or death to the patient. Such negligent or incompetent acts or omission
should be a breach of the accepted standards of medical care given by reasonable and
prudent medical practitioners under the same circumstances.

Medical or Healthcare Liability Claim — shall mean a claim in which the claimant
alleges that injury was caused by medical malpractice.

Patients — shall refer to persons requiring medical attention from any medical
practitioner.

Megal Medical Practice — shall refer to the act of providing patients with medical
attention without possessing the required training, education, certification, license or
legal authority to perform the functions of medical practitioners and specialists.

Mlegal Medical Practitioner — shall refer to individuals engaged in illegal medical


practice as defined in this Act.

8) Illegal Surgery — shall refer to surgeries performed to remove healthy humen organs
without the consent of the patient. It shall also refer to surgeries performed that are
not necessary to the recovery of the patient from his injury or illness.

SEC. 5. The Anti Medical Malpractice Act. — Any individual who performs an act
constituting medical malpractice or illegal surgery as defined in this Act shall be punishable by

imprisonment or fine or both and in all instances, the suspension or cancellation of the license as
a medical practitioner.

SEC. 6. Ilegal Medical Practice ~ Any individual who performs an act constituting

illegal medica! practice as defined in this Act shall be punishable by imprisonment or fine or
both.

SEC. 7. The Complainant - The following may file a complaint of medical malpractice
against a medical practitioner:

1) The patient;

2) Parents or legal guardian of the patient;

3) Grandparents or collateral relatives;

4) The institutional head of a duly licensed child caring institution, orphanage, home
for the aged, mental hospital or other similar institutions whose care or custody
the patient is committed

SEC. 8. Statute of Limitation - Medical or Healthcare liability claims shall be filed not
later than two years after the commission of the alleged medica! malpractice.

SEC. 9. Certification of Substantial Basis for Medical or Healthcare Liability Claim -
Claims under this Act shall be filed only after the issuance of a certification from the Board of
Medicine of the Professional Regulations Commission that there is substantial basis for a
medical and healtheare liability claim to be pursued.

The Board of Medicine shall review the claim and if there is reason to believe that there
is a breach of the standard of medical care, shall issue a Certification of Substantial Basis not
later than three months after the request for a certification is filed.

SEC. 10. Penalties, - Persons who commit medical malpractice shall suffer the penalty of
imprisonment from a minimum of six months to a maximum of five years or a fine from a
minimum of One Hundred Thousand Pesos (P 100,000.00) to a maximum of Two Hundred Fifty
Thousand Pesos (P 250,000.00), or both, in the discretion of the court taking into consideration
all attending circumstances.

In cases where the offense results in a new or aggravated injury or illness to the patient,
the license of the offender shall be suspended by the Professional Regulations Commission for a
period not lower than six months.

In cases where the offense results in the permanent disability, disfigurement or death of
the patient, the license of the offender shall be revoked by the Professional Regulations
Commission and may only be appealed for reinstatement after two years.

Persons who commit illegal medical practice shall suffer the penalty of prision
correccional or a fine not lower than Two Hundred Thousand Pesos (P 200,000.00), or both, in
the discretion of the court taking into consideration all attending circumstances.

Any other crime committed by reason or on occasion of malpractice shall be considered
as a separate offense and the rules on complex crimes shall not apply.


In no case shall malpractice be considered as a mere aggravating circumstance when it is
committed by reason or on occasion of the commission of another crime.

SEC. 11. Damages — In addition to the penalties prescribed in this Act, the following
circumstances shall warrant the award of damages amounting to not more than One Million
Pesos (P 1,000,000.00):

1» When the patient becomes insane or suffers any psychological damage by
reason of malpractice or illegal medical practice;
2) Physical disfigurement or permanent disability or death of the patient by

Teason of malpractice or illegal medical practice.

SEC. 12. Aggravating Circumstance. — A deliberate attempt to withhold information on
the circumstances of the treatment, medication, surgery or diagnosis of the patient, shall
aggravate the crime of malpractice.

SEC. 13. Accessory to Medical Malpractice — Any person who, whether acting alone or
in conspiracy with other persons, deliberately withholds information regarding the medical
condition, treatment or care of a patient claiming malpractice, or causes delay in the prosecution
of a medical malpractice claim, shall be held liable as an accessory to medical malpractice and
shall suffer the same penalties prescribed in this Act.

SEC. 14. Reinstatement - The following shall govern the reinstatement by the Board of
Medicine of a suspended or revoked license:

1) Suspended license- after the prescribed period, a suspension of the license may be
lifted if the offender passes a validation exam to be administered by the appropriate
regulatory agency.

2) Revoked license — After two years, a revoked license may be reinstated if the
offender passes a validation exam to be administered by the appropriate regulatory
agency.

SEC. 15. Separability Clause. ~ If any part, section or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and effect.

SEC.16. Repealing Clause - All ‘other laws, decrees, orders, issuances, rules and
regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.