FOURTEENTH CONGRESS OF THE REPUBLIC) 
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SENATE 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORYNOTE 
Dignity is valued in our society. The Constitution, in Article 2, Section 11 states 
that it values the dignity of every human person and guarantees full respect for human 
rights. 
With this value in mind, the Rules on evidence even disquali€y certain persons 
from testifying in court by reason of privilege communications to protect the dignity of 
individuals. Health personnel are one such group of individuals who cannot in a civil 
case, without the consent of the patient, be examined as to any advice or treatment given 
by him or any information which he may have acquired in attending such patient in a 
professional capacity, which information was necessary to enable him to act in capacity, 
and which would blacken the reputation of the patient. 
Even .with the protection given under the law, there are still instances where a 
patient's dignity and privacy are violated. Most of these violations happen inside the 
surgery or operating room where the patient is unable to prevent people from watching 
the operation because he or she is unconscious. 
This M l  aims to give the surgical patient additional protection from individuals 
who violate his right to privacy and dignity inside the operating room during surgery 
when he is most vulnerable. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
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OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING THE EXPRESS, WRITTEN CONSENT OF A PATIENT OR HIS 
MEDICAL PERSONNEL DURING SURGERY 
AUTHORIZED REPRESENTATIVE TO AUTHORIZE THE PRESENCE OF NON- 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Operating Room 
Privacy Act of 2008." 
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SECTION 2. Declaration ofPolicy. - The state values the privacy and dignity of 
every person. In line with this, it guarantees every surgical patient that only authorized 
persons will be allowed 
SECTION 3. Persons Authorized in Operating Rooms. - No person, other than 
duly licensed health care professionals specifically assigned to handle the specified 
patient's case, persons training to become such a professional who were required by the 
health professionals present to observe the operation, emergency medical technicians, 
additional medical personnel aiding the health care professionals assigned and members 
of the patient's immediate family, shall be present in any room in which surgery is being 
conducted. 
SECTION 4. Required Written Consent. - The provisions of section 1 shall only 
be waived upon the express written consent of the surgical patient or his authorized 
representative. Such consent shall be signed by such patient or his authorized 
representative and the surgeon assigned to the surgical patient and shall specifically name 
the otherwise unauthorized persons who are to be permitted to be present during surgery. 
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SECTION 5. Penalties. - Any person who violates any provision of this Act shall 
be punished by one (1) year imprisonment or fine not exceeding Fifty Thousand Pesos 
(Php 50,000) or both in the discretion of the court. Both the unauthorized person and the 
health personnel who allowed access to the unauthorized person inside the operating 
room shall be punished under this Act. 
SECTION 6. Implementing Rules and Regulations. - The Secretary of Health 
shall promulgate any rules and regulations necessary to implement the provisions of this 
Act. 
SECTION 7. 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 8. 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 9. Effectivity Clause. - 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, 
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