SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
^
 he'js
-  THE sT/y
SENATE
S. B. No. 
1 3 5 .'^
(In substitution of Senate Bill No. 216)
ig  dateFEB 2 7 201 f
TIME: S'. {S'
BY:
1^ j3*1* &y
BILLS &UNDEX
Prepared and submitted jointly by the Committees on Health and Demography: Justice 
and Human Rights; and Ways and Means with Senator Hontiveros as author thereof
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AN ACT
INCREASING THE PENALTIES FOR THE REFUSAL OF HOSPITALS AND MEDICAL 
CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL TREATMENT AND 
SUPPORT IN EMERGENCY OR SERIOUS CASES, AMENDING FOR THE PURPOSE 
BATAS 
PAMBANSA 
BILANG 
702, 
OTHERWISE 
KNOWN 
AS 
"AN 
ACT 
PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE 
CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL 
CLINICS IN CERTAIN CASES" AS AMENDED BY REPUBLIC ACT NO. 8344, AND 
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Section 1 of Bates Pambansa Bilang 702, as amended, is hereby 
further amended to read as follows:
"Section 1. In emergency or serious cases, it shall be unlawful for 
any proprietor, president, director, manager or any other officer, and/or 
medical practitioner or employee of a hospital or medical clinic to request, 
solicit, demand or accept any deposit or any other form of advance 
payment as a prerequisite for confinement or medical treatment of a 
patient in such hospital or medical clinic or to refuse to administer medical 
treatment and support as dictated by good practice of medicine to prevent 
death, or permanent disability, OR IN THE CASE OF A PREGNANT 
WOMAN, PERMANENT INJURY OR LOSS OF HER UNBORN CHILD: 
Provided, That by reason of inadequacy of the medical capabilities of the 
hospital or medical clinic, the attending physician may transfer the patient 
to a facility where the appropriate care can be given, after the patient or 
his next of kin consents to said transfer and after the receiving hospital or
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medical clinic agrees to the transfer; Provided, however, That when the 
patient 
is 
unconscious, 
incapable 
of 
giving 
consent 
and/or 
unaccompanied, the physician can transfer the patient even without his 
consent: Provided, further. That such transfer shall be done only after 
necessary emergency treatment and support have been administered to 
stabilize the patient and after it has been established that such transfer 
entails less risks than the patient's continued confinement: Provided, 
furthermore. That no hospital or clinic, after being informed of the medical 
indications for such transfer, shall refuse to receive the patient nor 
demand from the patient or his next of kin any deposit or advance 
payment; Provided, finaiiy. That strict compliance with the foregoing 
procedure on transfer shall not be construed as a refusal made punishable 
by this Act."
SEC. 2. Section 2 of Bates Pambansa Biiang 702, as amended, is hereby further 
amended to read as foliows:
"Sec. 2. For purposes of this Act, the following definitions shall 
govern:
"(a) 'Emergency' - a condition or state of a patient wherein based 
on the objective findings of a prudent medical officer on duty for the day 
there is immediate danger and where delay in initial support and treatment 
may cause loss of life or cause permanent disability to the patient, OR IN
THE CASE OF A PREGNANT WOMAN, PERMANENT INJURY OR 
LOSS OF HER UNBORN CHILD.
"(b) 'Serious case' - refers to a condition of a patient characterized 
by gravity or danger wherein based on the objective findings of a prudent 
medical officer on duty for the day when left unattended to, may cause 
loss of life or cause permanent disability to the patient, OR IN THE CASE 
OF A PREGNANT WOMAN, PERMANENT INJURY OR LOSS OF HER 
UNBORN CHILD.


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(I) ‘BASIC EMERGENCY CARE’ - THE RESPONSE TO A 
SITUATION WHERE THERE IS URGENTLY REQUIRED MEDICAL 
CARE AND ATTENTION, AND SHALL INCLUDE PROCEDURES 
REQUIRED FOR INITIAL DIAGNOSIS, USE OF EQUIPMENT AND 
SUPPLIES 
IN 
SUFFICIENTLY ADDRESSING 
THE 
EMERGENCY 
SITUATION, CONSIDERING THE WELFARE OF THE PATIENT.”
SEC. 3. Section 4 of Betas Pambansa Bilang 702, as amended, is hereby further 
amended to read as follows:
"Sec. 4. Any official, medical practitioner or employee of the 
hospital or medical clinic who violates the provisions of this Act shall, upon 
conviction by final judgment, be punished by imprisonment of not less than 
six (6) months and one (1) day but not more than two (2) years and four 
(4) months, or a fine of not less than Twenty thousand pesos 
(P20,000.00), 
but not more than 
One 
hundred 
thousand 
pesos 
(P100,000.00) or both, at the discretion of the court: Provided, however.
That if such violation was committed pursuant to an established policy of 
the hospital or clinic or upon instruction of its management, the director or 
officer of such hospital or clinic responsible for the formulation and 
implementation of such policy shall, upon conviction by final judgment, 
suffer imprisonment of four (4) to six (6) years, a fine of not less than [One 
hundred thousand pesos (100,000.00)] FIVE HUNDRED THOUSAND 
PESOS (P500,000.00), but not more than [five hundred thousand pesos 
(P500,000.00)] ONE MILLION pesos (P I,000,000.00) or both, at the 
discretion of the court, WITHOUT PREJUDICE TO DAMAGES THAT 
MAY BE AWARDED TO THE PATIENT-COMPLAINANT; PROVIDED, 
FURTHER, 
THAT 
UPON 
THREE 
(3) 
REPEATED 
VIOLATIONS 
COMMITTED PURSUANT TO AN ESTABLISHED POLICY OF THE 
HOSPITAL OR CLINIC OR UPON THE INSTRUCTION OF ITS
XXX


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MANAGEMENT, THE HEALTH FACILITY’S LICENSE TO OPERATE 
SHALL BE REVOKED BY THE DEPARTMENT OF HEALTH. THE 
PRESIDENT, CHAIRMAN. BOARD OF DIRECTORS, OR TRUSTEES,
AND OTHER OFFICERS OF THE HEALTH FACILITY SHALL BE 
SOLIDARILY LIABLE FOR DAMAGES THAT MAY BE AWARDED BY 
THE COURT TO THE PATIENT-COMPLAINANT”
SEC. 4. New sections 5, 6, 7 and 8 shall be inserted after Section 4 of Batas 
Pambansa Bilang 702, as amended, to read as follows:
“ SEC. 5. PRESUMPTION OF LIABILITY. - IN THE EVENT OF 
DEATH, PERMANENT DISABILITY, SERIOUS IMPAIRMENT OF THE 
HEALTH CONDITION OF THE PATIENT-COMPLAINANT, OR IN THE 
CASE OF A PREGNANT WOMAN, PERMANENT INJURY OR LOSS OF 
HER UNBORN CHILD, PROCEEDING FROM THE DENIAL OF HIS OR 
HER ADMISSION TO A HEALTH FACILITY PURSUANT TO A POLICY 
OR PRACTICE OF DEMANDING DEPOSITS OR ADVANCE PAYMENTS 
FOR 
CONFINEMENT 
OR 
TREATMENT, 
A 
PRESUMPTION 
OF 
LIABILITY SHALL ARISE AGAINST THE HOSPITAL, MEDICAL CLINIC,
AND THE OFFICIAL, MEDICAL PRACTITIONER, OR EMPLOYEE 
INVOLVED.
SEC. 6. HEALTH FACILITIES OVERSIGHT BOARD. 
- ALL 
COMPLAINTS FOR VIOLATIONS OF THE ACT SHALL BE FILED 
INITIALLY WITH THE HEALTH FACILITIES OVERSIGHT BOARD 
UNDER THE HEALTH FACILITIES AND SERVICES REGULATORY 
BUREAU (HFSRB) OF THE DEPARTMENT OF HEALTH. THE BOARD 
SHALL BE COMPOSED OF A DOH REPRESENTATIVE WITH A 
MINIMUM 
RANK 
OF 
DIRECTOR 
TO 
SERVE 
AS 
CHAIR, 
A 
REPRESENTATIVE FROM THE PHILIPPINE HEALTH INSURANCE 
CORPORATION, 
A 
REPRESENTATIVE 
FROM 
THE 
PHILIPPINE 
MEDICAL ASSOCIATION, A REPRESENTATIVE 
FROM 
PRIVATE


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HEALTH INSTITUTIONS, AND THREE REPRESENTATIVES FROM 
NON-GOVERNMENT ORGANIZATIONS ADVOCATING FOR PATIENT’S 
RIGHTS AND PUBLIC HEALTH.
THE 
HEALTH 
FACILITIES 
OVERSIGHT 
BOARD 
SHALL 
INVESTIGATE 
THE 
CLAIM 
OF 
THE 
PATIENT 
AND 
UPON 
ADJUDICATION, 
IMPOSE 
ADMINISTRATIVE 
SANCTIONS 
IN 
ACCORDANCE WITH THIS ACT. ON THE BASIS OF ITS OWN 
FINDINGS, THE BOARD SHALL ALSO FACILITATE THE FILING OF 
THE CRIMINAL CASE IN THE PROPER COURTS.
SEC. 
7. 
PHILHEALTH 
REIMBURSEMENT 
OF 
BASIC 
EMERGENCY CARE. - THE COST OF THE BASIC EMERGENCY CARE 
AND TRANSFORATION SERVICES INCURRED BY THE HOSPITAL OR 
MEDICAL CLINIC THAT HAS RENDERED EMERGENCY MEDICAL 
SERVICES TO THE POOR AND INDIGENT PATIENT SHALL BE 
REIMBURSED 
BY 
THE 
PHILIPPINE 
HEALTH 
INSURANCE 
CORPORATION (PHIC). “
SEC. 8. TAX DEDUCTIONS. -  OTHER EXPENSES INCURRED 
BY THE HOSPITAL OR MEDICAL CLINIC IN PROVIDING EMERGENCY 
AND MEDICAL SERVICES TO THE POOR AND INDIGENT PATIENT,
NOT REIMBURSED BY THE PHIC SHALL BE TAX DEDUCTIBLE.
SEC. 7. Section 5 of Bates Pambansa Bilang 702, as amended, shall be
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renumbered as Section 9, and is hereby further amended to read as follows:
“ SEC. 9. 
IMPLEMENTING RULES AND REGULATIONS. The 
Department of Health, IN COORDINATION WITH THE PHIC AND THE 
BUREAU OF INTERNAL REVENUE, shall promulgate the necessary 
rules and regulations to carry out the provisions of this Act. “
SEC. 8. Separability Clause. - If any provision of this Act is declared
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unconstitutional, the same shall not affect the validity and effectivity of the other
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provisions hereof.


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SEC. 9. Repealing Clause. - All laws, decrees, orders, issuances or portion 
thereof, which are inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly.
SEC. 10. Effectivity. -  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,