Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL No.  10395
£   DATriy- - 1 - 3-2-02i
RECEIVED
Introduced by: Hon. Margarita Ignacia B. Nograles
Explanatory Note
Article  152  of  Act  No.  3185  or  the  Revised  Penal  Code  defines  a  `Person  in
Authority' as ``any person directly vested with jurisdiction, whether as an individual or
as  a  member  of  some  court  or  governmental  corporation,  board  or  commission."
Presidential Decree 299 which took effect on September 19, 1973 and amended Article 152
of  the  RPC  specifically  provides  that  barrio  captain,  barangay  chairman,  teachers,
professors,  and  persons  charged  with  the  supervision  of public  or  duly  recognized
private  schools,   colleges,  and  universities  shall  be  deemed  persons  in  authority.
Meanwhile,  Batas Pambansa 81g.  873,  which was approved on June  12,  1985,  further
amended  Article  152  by  providing  that  lawyers  in  the  actual  performance  of  their
professional  duties  or  on  the  occasion  of  such  performance  are  deemed  persons  in
authority.
This  bill  seeks  to  broaden  the  scope  of  persons  in  authority  by  including  a
profession  crucial to  the  overall welfare  and  well-being  of the public:  the healthcare
professionals. Doctors hold positions of trust and responsibility within society. They are
entrusted with the health and well-being of individuals, making their role akin to that of
other  persons  in  authority  provided  by  law,  such  as  law  enforcement  officers  and
government officials. Meanwhile, nurses also act as one of the foundations of the medical
community. They spend a lot of time with the patient making sure the latter is being well-
taken care of. The authority vested in doctors and nurses by virtue of their profession
warrants similar legal protections as those afforded to other authority figures.
During the previous Community Quarantine, we saw an alarming rise of violence
against healthcare professionals. On March 27, 2020, a nurse from the province of Sultan
Kudarat was  assaulted by  five  (5)  men by  throwing bleach in  the nurse's  eyes.1  On
February 3, 2024, a government physician at the Sultan Kudarat Provincial Hospital was
seriously injured in an ambush that took place in a remote area of Maguindanao del Sur.2
1 "Nurse who was attacked in Sultan Kudarat seeks justice". GMA News Online.
httDs://www.qmanetwork.com/news/toDstorles/rexions731793/nurse-who-was-attacked-in=s.u!tan-kudarat-
seeks-iustice/storv/.
2 https ://www. phi lstar. com/nation/2024/02/04/2330897/governmentphysician-h u rt-magu i ndanao-del-su r-
ambush


Senate  Minority  Leader  Aquilino  ``Koko"  Pimentel  Ill  in  a  press  release  strongly
condemned the ambush and called for swift action to bring the perpetrators to justice and
ensure the safety of medical professionals. ``Let us put an end to the senseless violence
against our doctors. It is time to prioritize the protection of our healthcare professionals,"
Pimentel stressed. 3 Although both of these attacks happened while the said healthcare
workers were off-duty, we must be proactive by promoting a legislation which shall
discourage would be assailants while our healthcare workers are on-duty.
Acts of violence or aggression against doctors and nurses not only jeopardize the
safety and well-being of individual practitioners but also pose a broader threat to public
health. Violence or intimidation against doctors can create a chilling effect,  deterring
healthcare  professionals  from  providing  necessary  care  or  intervening  in  critical
situations,  thereby  compromising  the  overall  quality  and  accessibility  of  healthcare
services.
In  an  open  letter  posted  online4,  the  Philippine  Medical  Association  (PMA)
publicly condemns violence against physicians. PMA stated that ``some individuals have
recently chosen to express their discontent or frustration through violence, jeopardizing
not only the safety and well-being of physicians but also undermining the very fabric of
our healthcare system." Thus, PMA ``implore(s) law enforcement agencies, legislators,
and healthcare institutions to take strong and decisive action to protect our physicians.
Increased security measures, strict enforcement of laws protecting medical professionals,
and comprehensive support systems are necessary to ensure the safety of those who
selflessly devote their lives to the betterment of our health and well-being."
Explicitly including doctors as persons in authority and nurses as agents of such
person in authority would serve as a deterrent against acts of violence or aggression
towards   healthcare   professionals.   It   would   also   facilitate   the   prosecution   and
accountability of individuals who engage in such conduct, sending a clear message that
violence against doctors will not be tolerated and will be met with legal consequences.
On the other hand, nurses, who in a lot of times aide doctors, deserve to be protected as
an agent of such person in authority.
Hence, approval of this bill is earnestly sought.
PBA Party-list Representative
3 https://legacy.senate.gov. ph/press_release/2024/0212_pi mentel 1.asp
4https://www.philippinemedicalassociation.org/an-open-letter-condemning-violence-against-physicians-taking-a-
stand-for-respect-and-safety/


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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HouSE BILL No.103 95
Introduced by: Hon. Margarita Ignacia 8. Nograles
ANACT
INCLUDING DOCTORS AS PERSONS IN AUTHORITY AND NURSES AS
AGENTS 0F SUCH PERSONS IN AUTHORITY, AMENDING FOR THE PURPOSE
ARTICLE 152 0F ACT NO. 3185 0R THE "REVISED PENAL CODE 0F THE
PHILIPPINES„
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Article 152 of Act No. 3185 is hereby amended to read as follows:
Persons in authority and agents of persons in authority; Who shall
be deemed as such. - In applying the provisions of the preceding
and other articles of this Code,  any person directly vested with
jurisdiction, whether as an individual or as a member of some court
or  governmental  corporation,  board,  or  commission,  shall  be
deemed a person in authority. A barrio captain and a barangay
chairman shall also be deemed a person in authority.
A  person who,  by  direct provision of law  or by  election or by
appointment   by   competent   authority,   is   charged   with   the
maintenance of public order and the protection and security of life
and property, such as a barrio councilman, barrio policeman and
barangay leader and any person who comes to the aid of persons in
authority,  SUCH AS  NURSES  ON-DUTY,  shall be  deemed  an
agent of a person in authority.
In applying the provisions of Articles 148  and  151  of this Code,
DOCTORS,  teachers,  professors  and  persons  charged  with  the
supervision of public or duly recognized private schools, colleges
and universities,  and  lawyers in the actual performance of their


•`,-
professional duties or on the occasion of such performance, shall be
deemed persons in authority.
SECTION 2. Rcz7c¢J!.77g CZ¢#sc. -All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with this Act are hereby
repealed, modified or amended accordingly.
SECTION  3. £#ecfz.z7z.fy  a¢#sc. -  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,