Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3491

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

All children are entitled to the rights guaranteed by the laws of our country.
Without distinction and discrimination, as Article XV, Section 3 (2) of the
Constitution states:

"The State shall defend the right of the children to assistance, including proper
care and nutrition and special protection from all forms of neglect and abuse,
cruelty, exploitation, and other conditions prejudicial to their development."

This is magnified by the provisions of Presidential Decree 603 or the Child Welfare
Code, as amended, on the Rights of the Child, providing that:

“Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life." (Art. 3 (4)).

Despite the safeguards provided by the State to ensure the welfare of all children
in the country, the rampant practice of certain hospitals’ refusal to attend to the
medical and dental needs of street children despite the immediacy and the
urgency of such need due to the street children’s inability to provide “deposits” is
still practiced. We should put an end to such practice by providing for a law that
would require both public and private hospitals and clinics to render free medical
and dental services to indigent children, and penalizing those who will violate such
requirement.

This bill requires all medical institutions to extend health services to indigent
children, which includes, but is not necessary limited to, street children.

Only through a concrete legislative measure can we fully realize the principles and
policies sought to be effected by the various laws protecting the rights of the child.

In line with the States evolving agenda on defending and forwarding the rights of
children, the immediate passage of this bill is earnestly sought.

(Ai

S S
IN/'YUL SERVO” C. NIETO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3491

Introduced by Representative John Marvin “Yul Servo” C. Nieto

AN ACT
REQUIRING ALL GOVERNMENT AND PRIVATE HOSPITALS, MEDICAL
CENTERS, CLINICS, INFIRMARIES, AND PUERICULTURE CENTERS TO GIVE
FREE MEDICAL AND DENTAL ASSISTANCE TO INDIGENT CHILDREN

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. All government and private hospitals, medical centers, clinics,
infirmaries or puericulture centers duly licensed to operate as such, are hereby
required to render medical and dental services to indigent children, regardless of
whether or not they are in danger of dying and/or may have suffered physical
injuries requiring immediate medical attention.

For purposes of this Act, an “indigent child” is an unemancipated 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;

(c) the degree of deprivation of parental care and support; and,
(d) the inability of his parents to exercise parental authority.

SEC. 2. The expenses and losses of earnings incurred by a private hospital,
medical center, clinic, infirmary, or puericulture center, or by an_ individual
physician or dentist for medicine, facilities and services extended to the care and
treatment of an indigent child as required herein in an 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 (5) years.

SEC. 3. Any hospital director, administrator, officer-in-charge, physician or dentist
in a hospital, medical center, clinic, infirmary, or puericulture center who shall
refuse or fail without good cause to render the appropriate medical or dental

service pursuant to Section 1 of this Act, after this case has been brought to
his/her attention, or any nurse, midwife, medical or dental attendant who shall
refuse to extend the appropriate assistance, subject to existing rules, or neglects
to notify or call the attention of a physician or dentist in attendance, shall be


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punished with imprisonment of at least one (1) year or a fine of not more than
Fifteen Thousand Pesos (P15,000.00), or both fine and imprisonment at the sound
discretion of the Court.

In the case of government hospitals, medical centers, clinics, infirmaries, or
puericulture centers, the imposition of the appropriate penalties upon the person
or persons guilty of the violation of this Act shall be without prejudice to the
administrative action that may be proper.

In the case of private hospitals, medical centers, clinics, infirmaries, or
puericulture centers, the license to operate shall be suspended or revoked.

SEC. 4. The Department of Health (DOH) in coordination with the Department of
Social Welfare and Development shall have the authority to promulgate the
necessary rules and regulations for the purpose of carrying into effect the
provisions of this Act. -

SEC. 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.

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

Approved,