THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
s, No, 
743 v 
BILLS 8i INDEX 
INTRODUCED BY WON. MANUEL B, VILLAR JR. 
EXPLANATORY NOTE 
Gross ignorance and iiegligmice on the part of some iiiedical practitioners have caused 
injuries and needless deaths o f  patients. There is a need to rid the medical profession of 
incompetent individuals and provide. patients with quality medical care. 
This bill seeks to build a progressive health care system by penalizing medical 
malpractice andlor the practice o f  illegal surgery by prisioon mayor and the cancellatjon of the 
license to practice the nicdical profession A fine of one hundred thousand pesos (P100,OOO) to 
five hundred thousand pesos (P500,UOO) will alsa be slapped against incompetent medical 
professionals. 
The safety and welFare a€ a patient is of paramount importance to the nation. It is only 
proper that the most competent individuals be permitted to practice medicine, 
The passage of this measure will, in the end, provide greater prestige to the medical 
profession. 
Approval of this bill is fervently called for. 
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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PWILIPPWS 
First Regular Session 
SENATE 
443 
S. No, 
INTRODUCED BY €-TON. MANUEL €3, VILLAR JR. 
AN ACT 
PUNISHING THE MALPFUCTICE OF ANY MEDICAL PRACTITIONER 
IN THE PHILIPPINES AND FOR OTHER PURPOSES 
Be it ennctecl by the Senate and House OfRepresentcLtives of the Philippines in Congress 
assembled: 
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SECTION 1, Short Titk - This Act shall be knowii as the “Medical Malpractice 
Act of 2004.” 
SECTION 2, Doclcergtioiz O~POZ~CJI. 
- It Xs the policy of the State to ensure the safety 
and well being of patients by providing them with professiona1 medical care. 
SECTION 3. Defirtitian of Terms - Unless the context otherwise requires, the 
following terms shall lmve the following meanings: 
(1) Medical Practitioner shall refer tu any physician, dentist, nurse, pharmacist or 
paramedical or atlier supporting personilel (including medical and dental 
technicians, nursing assistants and therapists); 
(2) Illegd Surgcp shall rekr to surgeries performed to remove healthy human 
orgads witlirrut the consent of the patient, with intent to gain on the part of the 
person or persons responsible for such surgery, 
(3) Malpmctice shall refer lo any personal injury, iiicluding death, caused by the 
negligent or wrongf~l act ‘or oniission of any medical practitioner; 
(4) Pljysicinns shall refer to Doctors of Medicine, duly certified by the Professional 
Regulatory Commission who are in the active practice of medicine; 
(5) Dentists slzaII refer to Doctors ofDeizta1 Medicine, duly certified by the by the 
Professional Regulatory Comini,ssion who are in the active practice of medicine; 


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(6) Patients sliaX1 refer to people requiring attention from any medical practitioner. 
SECTION 4. The Arzt~-Midjw~ctice 
Act. - Any medical practitioner who performs 
any act constituting medical malpractice or the illegal practice of surgery shall be punishable 
by imprisonment or fine or both and, in ail instances, the cancellation of license to practice 
medicine. 
SECTION 5. The Car~zplniiznitt, - The crime of malpractice shall be prosecuted 
upon the filing of a complaiizt by any of the fol~owing individuals: 
1, the patient; 
2. parents or legal guardians of the patient; 
3. grandparents or collateral relatives; 
4. an officer or social worker of the Department o f  Social Welfare and Development 
or of a duly licensed cliild caring institution, orphanage, home for the aged, mental 
hospital, or other siniilar institutions under whose care or custody the patient is 
committed; 
5. a concerned, respoiisjble hospital einptoyee where the crime is committed but only 
if any of the persons ineiitioned in the four preceding paragraphs have expressly 
given their conseiit to the filing thereof. 
' SECTION 6. Effoet ofParddoi.r. - The express or implied pardon of the patient, 
hidher parents, grandparents or guardian shall not bar the prosecution of the crime nor 
extinguish the criminal action paidini, nor constitute a ground for remitting the penalty 
already imposed. 
SECTION 7. P m d f i a .  - Medical nialpractice andlor the practice of illegal surgery 
shall be punished byprision nzc.mr and the cazicellation of the license to practice the medical 
profession and a fine ranging fiom One Hundred Thousand Pesos (PIO0,OOO.OO) to Five 
Hundred Thousand Pesos (PSOO,OOO,OO) in the discretion of the court taking into 
consideration all attending circunistances. 
Any other crime committed by reason or occasion of malpractice shall be considered 
as a separate offense and the rules on complex crimes shall not apply. 
In iio case shall inalpractice be considered as a inere aggravating circumstance when it 
is committed by reason or on occasiorl of tho coimnissiun of another crime. 
SECTION 8. Aggmvafirtg Circtrnzstances. - The following circumstances shall 
aggravate the crime nialpractice: 
(1) pennitting motives of profit to iiifluence the free and independent exercise of 
professional judgment on behalf o f  patients; 
(2) conscious infliction of harm tu an unknowing patient with the malicious intent of 
profiting from sucli act, 
SECTION 9, Damages - In addition to the changes that may be awarded by the court 
under existing laws, the following circumstances shall warrant the award of the additional 
damages : 


 
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(I) the patient becomes insane or suffers any psychological damage by reason of 
(2) death of patient by ieasoii or occasioii o f  malpractice; 
malpractice; 
(3) physical disfigLxrement or perinanent disability of the patient by reason of 
malpractice. 
SECTION 10. Rcpnling Clnrcs. - All laws, presidential decrees, executive orders, 
proclamations, and/or admiiiistrativc regulations, which inconsistent with the provision of 
this Act, are hereby amended, modified, superseded or repealed accordingly. 
SECTION 11. 
Eflectivii'y - This Act shall take effect after fifteen (IS) days 
following its publication in the least two (2) national newspapers of general circulation. 
Approved,