1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
1st Regular Session 
House Bill No. ________ 
Introduced by Representatives PAOLO Z. DUTERTE, ERIC G. YAP, 
and EDVIC G. YAP 
EXPLANATORY NOTE 
Despite the right to quality healthcare being one of an individual’s fundamental rights 
according to the 1987 Constitution, at present, there is still no comprehensive and 
integrated legislative enactment on the Magna Carta of the Patients’ Rights and 
Obligations.  
The implementation of the Universal Health Care (UHC) Act instills the recurring 
mandate to propose legislations that are consistent to the UHC’s agenda, one of which, 
is the Magna Carta of the Patients’ Rights and Obligations. The proposed measure 
seeks to strengthen all other existing laws that protect the patients from abuses and 
neglect in their quest for quality, accessible, and affordable health services, while 
ensuring that there is a middle ground or consensus between the patients and the 
medical provider, as reiterated in the patients’ obligations.  
In this regard, this bill seeks to codify the individual and societal rights of the patients 
as well as their obligations, thereby mitigating the hesitancy of the patients in 
asserting their rights and the upheavals and inconveniences especially during medical 
emergencies. The proposed measure also establishes the grievance mechanism in case 
of violations of the patients’ rights as well as the mediation proceedings thereafter.  
In view of the foregoing, approval of this bill is earnestly sought. 
PAOLO Z. DUTERTE 
  ERIC G. YAP 
EDVIC G. YAP   
March 6, 2023
2:01 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
1st Regular Session 
House Bill No. ________ 
Introduced by Representatives PAOLO Z. DUTERTE, ERIC G. YAP, 
and EDVIC G. YAP 
AN ACT 
PROCLAIMING 
THE 
RIGHTS 
AND 
OBLIGATIONS 
OF 
PATIENTS, 
PROVIDING A GRIEVANCE MECHANISM THEREOF AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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;
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 deformity if in need of
medical and nursing care;
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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 
Health Care practitioner; and 
 
e. Patient - a person who avails of the health and medical care services. 
 
SEC. 4. Individual Rights of Patients. - The following individual rights of 
Patients shall be respected by all those involved in the delivery of Health Care 
services; 
 
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 the 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. 
 
Emergency 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. 
 


 
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d. Right to Choose His Physician / Health Institution - The Patient is free to 
choose the services 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 service 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 necessary, 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. 
 
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 contrary to his religious 
beliefs, subject to the limitations described 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 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 have 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 identifiable information about a patient's health status, medical 
condition, diagnosis, prognosis and treatment, and all other information of 
a personal kind, must be kept confidential even after death; Provided, that 


 
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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; 
2. When public health or safety so demands; 
3. When the Patient, or in his incapacity, his/her legal representative, 
expressly gives the consent; 
4. When the patient's medical or surgical condition is discussed in a 
medical or scientific forum for expert discussion for his/her benefit or 
for the advancement of science and medicine; Provided however, that 
the identity of the Patient should not be revealed; and 
5. 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 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 the 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. 
 
The Patient has the right to be given, and examine, an itemized bill for 
hospital and medical services rendered. He is entitled to a thorough 
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. 


 
6 
 
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 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 his physical 
condition; Provided, that: 
 
1. He/she is informed of the medical consequences of his/her decision; 
2. He/she releases those involved in his/her care from any obligation 
relative to the consequences of his /her decision; and 
3. 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 services 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 this end, the 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. The State shall endeavor to provide this 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, tertiary 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 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 


 
8 
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. - The 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 - The 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 
Health Care Provider if he/she does not understand any 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 exercise of 
his /her right to self-determination. 
 
f. Settle Financial Obligations. - The Patient shall ensure that the 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. 
 


 
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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. Provide Adequate Health Information and Actively Participate in his/her 
Treatment. - The Patient shall ensure that he/she has adequate health 
information that will allow him/her to actively participate in the 
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 fiduciary one where mutual trust, respect and confidence 
are expected. All communications are privileged and the patient' 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/her 
Religious Beliefs - The Patient is obliged to respect the physician's religious 
beliefs. If the 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. 
 


 
10 
o. Participate in the Training of Competent Future Physicians - The Patient 
is obligated to participate in the training of future physicians provided that 
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 action. 
 
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 FMA 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. 
 
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 serve as the second tier mediation. It 
shall be composed of the president of the local society as the presiding officer and one 


 
11 
representative from each of the following: component medical society, specialty 
society corresponding to the 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-monetary loss. An award shall bar the patient from filing any 
other legal actions. 
 
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 Secretary 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. 
 
 


 
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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,