Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

nouse pino.__1402

Introduced by Representative Harlin Cast. Abayon

EXPLANATORY NOTE

‘A number of hospitals and clinics refuse admission of street children, even if these
children require immediate medical or dental attention. Their reason: these children do not have

sufficient financial resources to pay the intial “deposit” required by the medical institution.

“This bill requires both public and private hospitals and clinics to extend free medical and
dental services to indigent children, which includes but is not necessarily limited to street
children, and provides penalties for violations thereof By virine of the doctrine of
parens patriae, indigent children who have been neglected by their parents are the wards of the
State, Congress should therefore take every step necessary 10 see 10 1t that they live healthy lives

despite of their impoverished condition.

This measure was previously filed by Senator Manny Villar in the 15" Congress. Passage

of this bill is eamestly sought now in the 16" Congress.

HARLIN CAST. ABAYON
Representative
First District of Northern Samar


Republie of the Philippines
HOUSE OF REPRESENTATIVES
‘Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1402

Introduced by Representative Harlin Cast. Abayon

ANACT
REQUIRING ALL GOVERNMENT AND PRIVATE. HOSPITALS, MEDICAL
CENTERS, CLINICS, INFIRMARIES, & OTHER HEALTH CENTERS TO EXTEND
FREE MEDICALAND DENTALASSISTANCE TO INDIGENT CHILDREN

Be it enaoted by the Senate and House of Representatives of the Phillippines in Congress assembled:

SECTION 1. All government and private hospitals, medical centers, clinics, infirmaries or other
pest centers duly licensed to operate as such, are hereby required to render medical and dental
aaa eo the indigent children, regardless of whether or not they are in danger of dying and/or
mnay have suffered physical injuries requiring immediate medical attention. For he purpose of
aa sat en indigent child” is a child below eighteen (18) years of age who has health problems
requiring medical and dental services for his care and treatment, taking into’ account the
following factors:

a. the age of the child;

b. the financial condition of the family

the degree of deprivation of parental care and support; and
4. the inability of his parents to exercise parental authority,

SECTION 2. The expenses and losses of earnings incurred by a private hospital, medical center
Glinic, infirmary, or other health center; or by an individual physician or dentist for medicine,
faeilities, and services extended to the care and treatment of an indigent child as required herein
rath amount not exceeding, P300,000.00 per year, shall be deductible expenses and losses for
income tax purposes which may be carried over for a period of five years, any provision of law,
decree, executive order or regulation to the contrary not withstanding,

SECTION 3. Any hospital director, administrator, officer-in-charge, physician, or dentist in &
hospital, medical center, lini, infirmary, of other health center who shall refuse Op fail without
good cause to render the appropriate medical center or dental service pursuan’ ‘0 Section One of
ane Act, after said case has been brought to his/her attention, or any nurse, mid-wife, medical or


dental attendant who shall refuse to extend the appropriate assistance, subject to existing rules, oF
neglects 0 notify or cal the attention ofthe physician or dentist in attendance, shall be punished
vvath imprisonment of at least one (1) year, but not more than five (5) years, or a fine of Ten
Thousand pesos (P10,000.00), but not more than Fifieen thousand pesos (P15,000.00), or
both fine and imprisonment at the sound of discretion of the Court.

In the case of govemment hospitals, medical centers, clinics, infirmaries, or other health centers,
the imposition of the appropriate penalties upon the person or persons guilty of the violation of
this Aet shall be without prejudice to the administrative action that may be proper. In the case of
private hospitals, medical centers, clinics, infirmaries, or other health centers, the Hieense 10
operate shall be suspended or revoked.

SECTION 4, The Department of Health in coordination with the Department of Social Welfare
nd Development shall have the authority to promulgate the necessary rules and regulations for
the purpose of carrying into effect the provisions of this Act.

SECTION 5. All laws, decrees, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly

SECTION 6. This act shall take effect fifteen (15) days after its publication in the official
Gazette or two (2) newspapers of general circulation

Approved,