FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
S E N A T E  
S.B. No. 
7 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
The decreasing enrolment in medicine in the PhiIippines has been showing an 
alarming trend. Add to that the recent phenomenon of doctors discarding their 
education and training in medicine in order to pursue nursing and the country is 
faced with a health crisis. Some government and private hospitals were 
reportedly filling up their vacancies of medica1 residents by hiring foreign 
doctors. In a survey done by the Department of Health (DOH) among its 
retained training and teaching hospitals, 12% of plantilla positions for medical 
residents remain unfilled. It is feared that with Filipinos opting out of residency 
training, there will no longer be Filipino medical specialists in the future. 
Filipino doctors shift to nursing and work abroad just so they could work abroad 
and earn salaries many times bigger than they would earn as doctors in the 
country. Aside from a measly monthly salary of P19,168.00 as a Medical Officer 
I11 in government hospitals, doctors are said to be living in inhumane conditions. 
Resident doctors are the main workforce in hospitals and as such, they are 
sometimes on duty for three straight days, during which meals and sleep are 
missed. Surely, these conditions make raising a family and living decently an 
uphill climb for Filipino doctors in the country. 
Changes must be made so that a potential health crisis may be averted. This bill 
seeks to upgrade the salary and benefits of doctors while upgrading the quality 
of their training as well. 
These could be made by the creation of an agency attached to the Department of 
Health that would oversee and standardize the accreditation of specialties and 
subspecialties, a task currently being performed by specialty societies. The 
agency shall also look after the welfare of medical residents and shall enforce the 
provisions of this bill which seek to provide them a more decent salary and more 
humane living conditions for medical residents. 
This bill seeks to retain medical residents in the country to help look after the 
health of Filipinos. Through this bill, it is hoped that our country will produce 


competent medical specialists who are willing to stay in the country and serve 
fellow Filipinos. 
In view of the foregoing, the immediate passage of this bill is sought. 
T 
LOREN LEGARDA 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
S E N A T E  
I 
S.B. No. 
57 
Introduced by Senator Loren Legarda 
AN ACT TO MANAGE MEDICAL RESIDENCY TRAINING PROGRAMS IN 
THE PHILIPPINES 
Be it enacted by the Senate and fke House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Medical Residency Act 
of 2009". 
SECTION 2. Declaration of Policy. It is the declared policy of the State to protect 
and promote the right to health of the people and instill health consciousness 
among them. Pursuant to such State policy, the quality of medical residency 
training in the Philippines and at the same time protect the rights of medical 
residents such that they are given due compensation and benefits and provided 
with humane working conditions. 
SECTION 3. Definition of 
Terns and Abbreviations. The terms and 
abbreviations used in this Act are as follows: 
a. DOH- Department of Health 
b. DOLE- Department of Labor and Employment 
c. Foreign graduate of medicine- a graduate of Doctor of Medicine who 
earned his/her degree abroad or a non-citizen of the Philippines who 
earned his/ her degree in Philippine medical schools. 
d. Medical residency training- training undergone by licensed physicians in 
accredited hospitals before they can practice their specialty. 
e. Medical residents- pertain to physicians undergoing medical residency 
training in any field of specialization. 
f. PMAC- Philippine Medical Accreditation Council 
g. PRC- Professional Regulations Commission 
h. SpecialtiesjSubspecialties- specialty pertains to fields of medicine such as 
surgery, internal medicine, obstetrics and gynecology, pediatrics, family 
medicine and other medical fields. Subspecialty pertains to highly 
specialized fields of medicine. 
SECTION 4. Creation of the Philippine Medical Accreditation Council (PMAC). 
There shall be established an attached agency of the Department of Health to be 
called the Philippine Medical Accreditation Council (PMAC) which shall ensure 
the quality of medical residency training for all specialties and subspecialties of 
medical residents, and which shall provide policies that will promote humane 
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working conditions and better compensation of medical residents. The PMAC is 
also tasked to ensure that medical residency training of doctors will always be 
responsive to the current health service needs of the Philippine population. 
Section 5. Roles and Functions of the PIMAC. The PMAC's roles and functions 
shall include but not be limited to the following: 
a. 
b. 
C. 
d. 
e. 
f. 
g. 
h. 
i. 
j. 
k. 
1. 
v 
set the standards of medical residency training for all specialties and 
subspecialties; 
ensure that the standards set for medical residency training are at par with 
international standards such as the World Federation for Medical 
Education (WFME); 
accredit medical residency training programs for all specialty and 
subspecialty; 
assess whether doctors who have undergone residency training have 
satisfactorily completed the training; 
issue certificate to doctors who have satisfactorily completed the residency 
training in either government and private hospitals; 
screen foreign graduates of medicine who will undergo residency training 
in the Philippines and assess the equivalence of their basic medical 
education to the standard curriculum prescribed in Philippine schools of 
medicines; 
develop and ensure implementation of policies that will provide better 
compensation and benefits and humane working conditions for medical 
residents; 
receive and act on complaints of medical residents as well as complaints of 
patients against medical residents; 
ensure that medical residency training will always be responsive to the 
health service needs of the population; 
maintain a registry or database of medical residents and accredited 
residency training programs, 
monitor and evaluate residency training programs regularly; and 
prescribe remedial measures to deficient training programs; and 
provide mechanisms that will promote equitable distribution of medical 
specialists into the various parts of the country. 
Section 6. Organizational Stvuchrre. There shall be a Governing Council in the 
PMAC which shall be composed of representatives each from the Professional 
Regulations Commission (PRC), Department of Labor and Employment (DOLE), 
specialty societies, hospital association and medical residents as members and 
the Secretary of the Department of Health as the Chairperson. Under the 
Governing Council, the following Committees and Secretariat shall be created to 
assist the PMAC in carrying out its roles and functions: 
a. Committee on Accreditation- It shall be composed of representatives from 
the different specialty and subspecialty societies. It shall be responsible for 
accrediting residency training and developing standards for approval of 
the Council. 
b. Committee on Training and Certification- It shall be composed of training 
officers or their equivalent in both private and government hospitals. It 
shall determine whether doctors have satisfactorily completed residency 
training and shall issue certificate of completion of training, if appropriate. 
c. Committee on Policies, Standards and Ethics- It shall be composed of 
representatives from the Committee on Accreditation and Committee on 
Training and Certification, DOLE, PRC and medical residents. This 
2 


Committee shall formulate standards of medical residency training 
program, policies on compensation/benefits and working conditions of 
medical residents and other policies related to the scope and practice of 
medical residency. It shall handle complaints of medical residents and 
patients and submit recommendations to the Council for approval and 
action regarding complaints filed. It shall also screen foreign graduates of 
medicine who would like to undergo residency training in the Philippines. 
d. Secretariat- The DOH shall provide a Secretariat for the PMAC which 
shall be composed of both technical and administrative staff. The 
Secretariat shall coordinate the activities of the different committees and 
provide technical and administrative support in the efficient and effective 
coordination of programs, projects and activities among the different 
committees of the PMAC. 
Section 7. Accreditation of Medical Residency Training Programs. Medical 
residency training programs shall only be conducted in accredited teaching and 
training hospitals. The PMAC is the only recognized organization that shall be 
given the full authority to accredit residency training programs. Upon approval 
of the Implementing Rules and Regulations of this Act, a period of one year shall 
be given to allow time for the transfer of accreditation from the different 
specialty and subspecialty societies to the Committee on Accreditation of the 
PMAC. 
Section 8. Training Curriculum of Medical Residency Training Programs. The 
Training Officers or their equivalent shall prepare a training curriculum that 
shall meet the standards to be set by the Committee on Policies, Standards and 
Ethics of the PMAC. The training curriculum shall be at par with international 
standards and shall be responsive to the health service needs of the population. 
The Committee on Policies, Standards and Ethics shall be given one year from 
the time of its creation to prepare the standards of medical residency training 
programs which will be uniform for all specialties and subspecialties. 
Section 9. Qualifications of Applicants to Medical Residency Training 
Programs. The following shall be the minimum qualifications of applicants to 
medical residency training programs: 
a. a passing score in the licensure examination for physicians 
b. no previous criminal and or administrative record 
c. clearance by the PMAC for foreign graduates of medicine. 
The PMAC may set other qualifications that it may deem necessary. 
Section 10. General Conditions for the Medical Residency Training of Foreign 
Medical Graduates. The following general conditions shall be applied to foreign 
graduates of medicine undergoing medical residency training in the Philippines: 
a. Accredited residency training programs shall be allowed to accept foreign 
medical graduates in cases wherein no Filipino physicians are applying 
for the same vacancy. Filipino physicians shall be given the first priority in 
filling up vacancy for medical residents. 
b. Foreign graduates of medicine shall secure clearance from PMAC prior to 
application to any accredited residency training program; 
c. Foreign medical graduates shall undergo basic language course in Filipino 
and/or the dialect that is used in the locality where the accredited 
institution is located before commencing his/ her medical residency. A 
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certificate of proficiency in Filipino and the dialect of the locality shall be 
obtained by the foreign graduate of medicine from a CHED-accredited 
state university or tertiary education institution located in the locality 
where the foreign graduate in medicine wishes to undergo residency 
training before the PMAC may issue a clearance to the foreign graduate of 
medicine. For accredited institutions located in areas wherein Filipino is 
the language used by the majority, proficiency in a dialect shall no longer 
be required. 
d. Foreign graduates of medicine shall be required to undergo a seminar on 
Philippine history, culture and government as well as the Philippine 
health care delivery system prior to the commencement of his/her 
medical residency. 
Section 11. Working Conditions of Medical Residents. The following working 
conditions of medical residents shall be observed by all accredited institutions: 
a. No medical resident shall be allowed to go on duty for more than 24 hours 
straight, except in extraordinary cases to be determined by the hospital 
administrator. 
b. Medical residents shall be entitled to one day off from hospital duty every 
week. 
c. Medical residents shall be given standard quarters in the hospital where 
he/she can stay during his/her tour of duty. 
d. Medical residents shall perform only functions that are related to his/her 
residency training. Superiors are forbidden from ordering errands that are 
not related to the training of medical residents or are demeaning to a 
medical resident’s dignity as a person. The PMAP shall receive and 
investigate complaints of this nature from medical residents. 
e. Medical residents are also entitled to enough time for personal break, 
meals, and observing hygiene during a tour of duty. 
f. Since medical residents are considered to be on training, they shall be 
supervised by their superior at all times especially when performing 
critical procedures to patients. In case of junior residents, the senior 
resident or consultant shall always be available for supervision and 
assistance and in the case of senior residents, his/her consultants. 
g. Medical residents shall be treated equality. No medical resident shall be 
discriminated because of his/her gender. 
Section 12. Salary and Other Benefits. The minimum base pay of all medical 
residents in government hospitals shall not be lower than salary grade 22. They 
shall be entitled to overtime pay and night differential pay for services rendered 
beyond eight (8) hours or hours of duty a night. Hazard pay shall be given as 
stipulated in Republic Act No. 7305, otherwise known as ””, for residents of 
public or private hospitals. 
Section 13. Professional Conduct of Medical Residents. The medical residents 
even though they are on training shall observe the following professional 
conduct at all times: 
a. Medical residents shall always uphold the dignity, privacy and rights of 
his/her patient. 
b. Medical residents shall always perform his/her functions with utmost 
diligence especially those related to care of patients so as not to inflict any 
harm on the patient. 
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c. Since medical residents are still on training, they shall not receive any 
form of payment from their patient. 
d. Medical residents shall not engage in unacceptable practices such as, but 
not limited, to the following: 
- accepting commission from laboratories, diagnostic facilities, 
pharmacies for referring patients to these facilities; 
- getting excess and unused medicines, drugs and other materials 
from patients without their permission; 
selling medicines, drugs and other materials to patients or their 
relatives; 
selling free samples of drugs or other medicines; and 
receiving money or any form of incentive from any pharmaceutical 
company for prescribing their brand of drugs, medicines and other 
materials. 
e. Medical residents shall always treat his/her superiors, subordinates, co- 
workers and patient’s relatives with utmost respect. 
f. Medical residents shall observe the Generics Act of 1988 and Cheaper and 
Quality Medicines Act of 2008. 
g. Medical residents shall render full time service to the hospital where 
he/she is employed. As such, he/she shall not engage in any part-time job 
outside the hospital. 
- 
- 
- 
Section 14. Responsibilities of Accredited Training Institutions. The following 
are the responsibilities of the accredited training institutions: 
a. The accredited training institutions shall observe all the provisions of 
Section 11 which pertain to the working conditions of medical residents. 
b. In relation to the preceding provision, training officers or their equivalent 
together with the medical residents shall prepare a schedule of their duty 
at the start of the year to ensure that the provisions of Section 11.a shall be 
observed at all times. Periodic evaluation of competencies gained shall be 
conducted per year level. 
c. The accredited training institutions shall submit the names of their 
medical residents, their level, specialty and other relevant information 
related to their medical residency training program to the PMAC for the 
proposed registry or database. 
d. The accredited training institutions shall provide the necessary logistics, 
equipments and other medical supplies. 
Section 15. Handling of Complaints. Anybody can file a complaint against 
medical residents and or accredited training institutions to the PMAC. The 
Committee on Policies, Standards and Ethics shall handle the complaint and if 
deemed necessary, shall conduct an investigation. It shall come up with a report 
and recommendations to the Chairperson of the PMAC within thirty (30) 
working days upon receipt of the complaint. The Chairperson shall issue the 
final decision regarding the filed complaint. 
Section 16. Violations. Any accredited training institutions and or their medical 
residents that have been found violating any provisions of this Act shall have the 
following penalties: 
1st Offense- reprimand 
2nd Offense- suspension with duration depending on the gravity of the offense 
but not exceeding six (6) months 
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3rd Offense- revocation of the accreditation of the training institution. In the case 
of medical residents, he/she shall not be given certificate of completion of 
residency training by the PMAC and shall be removed from the residency 
training program. 
Section 17. Appeal. Both parties, complainant and respondent, may appeal to the 
Secretary of Health within fifteen (15) working days upon receipt of the copy of 
the decision. The absence of any appeal within the specified period shall render 
the decision as final and executory. 
Section 18. Creation of Plantilla Positions. There shall be created plantilla 
positions in the DOH needed for the implementation of the purposes of this Act. 
Section 19. Budget Appropriations. The budget needed for the creation of the 
PMAC shall be chargeable to the funds of the DOH. As such, the budget 
allocated for the Department shall be increased to provide the funds needed for 
the creation and maintenance of PMAC. The funds for the upgrading of salary of 
medical residents on the other hand shall be included in the General 
Appropriations Act. 
Section 20. Implementing Rules and Regulations. The DOH together with DOLE 
and PRC shall draft the implementing rules and regulations of this Act within a 
year after the effectivity hereof. 
Section 21. Separability Clause. If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
Section 22. 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. 
Section 23. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
6