TWENTIETH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
'.-‘i? 
of tiif €• i-'fi-i
SENATE 
S. No. 960
25 AUG-5 P4:25
\
RECEIVED BV:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
STRENGTHENING THE RIGHTS OF PATIENTS AGAINST HOSPITAL 
DETENTION ON THE GROUND OF NONPAYMENT OF HOSPITAL BILLS AND 
MEDICAL EXPENSES AND PROVIDING STIFFER PENALTIES FOR 
VIOLATIONS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 9439 OTHERWISE KNOWN AS "AN ACT PROHIBITING THE 
DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON 
GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES"
EXPLANATORY NOTE
Republic Act No. 9439 was enacted into law in 27 April 2007 and declared as 
unlawful for any hospital or medical clinic to detain patients for reasons of 
nonpayment of hospital bills or medical expenses. In sponsoring Committee Report 
No. 302 which became the basis for the said law, Sen. Pia Cayetano who served as 
Chairperson of the Committee on Health and Demography said in her speech, "It has 
been a common practice now for hospitals to prevent the release of patients unless 
they fully or partially pay their hospital bills. While the collection of hospital bills is a 
legitimate concern on the part of the hospital management, the practice simply 
compounds the problem because the patient's extended stay causes his hospital bills 
to grow even higher."1
Almost two decades since her sponsorship and the bill's passage, the same 
illegal practice persists and continues to plague our health care system. My Office
1 Senate Journal. Session 65, February 8, 2007. Sponsorship Speech of Senator Pia Cayetano.
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has been in receipt of numerous complaints from hapless families victimized by 
unscrupulous medical institutions.
One reported how a medical center in Dasmarihas City, Cavite required them 
to pay at least 70% of their outstanding bill before his father who suffered heart 
attack can be finally discharged. "Sa bawat araw po na dumadaan ay lumalaki ang 
aming bill dahi!sa kwarto na binabayaran namin, "he lamented.
Another was asked to settle their bill amounting to P650,000 for a three-week 
hospitalization for cardiac arrest before they can be allowed to go home. "Dinedine 
po nila ang promisory note ko na babayaran ko sHa kada buwan sa bob ng tatbng 
taon. Wala na daw pong bang way para makalabas si Papa kundi bayaran sHa, "the 
family's breadwinner bewailed.
This proposed measure seeks to strengthen the rights of patients to adequate 
medical care, and to amend Republic Act No. 9439 to prescribe stiffer penalties 
against violations thereof. A fine of up to P200,000.00, imprisonment of up to three 
years, or both upon discretion of the court await officers or employees who will fail 
to observe the law. Meanwhile, up to six-year jail term and maximum fine of two 
million pesos will be meted upon directors or managers of medical facilities behind 
the formulation and implementation of continuing policies of hospital detention.
In view of the foregoing, immediate consideration and approval of this 
legislation is hereby sought.
GGQY EJERCITO ESTRADA


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TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
iDiUci^ at In?
25 AUG-5 P4:25
S. No.
SENATE
960
RKCEIVFD B'l1:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
STRENGTHENING THE RIGHTS OF PATIENTS AGAINST HOSPITAL 
DETENTION ON THE GROUND OF NONPAYMENT OF HOSPITAL BILLS AND 
MEDICAL EXPENSES AND PROVIDING STIFFER PENALTIES FOR 
VIOLATIONS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 9439 OTHERWISE KNOWN AS "AN ACT PROHIBITING THE 
DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON 
GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Section 1. Section 1 of Republic Act No. 9439 is hereby amended to read as
follows:
"SECTION 1. It shall be unlawful for any hospital, [or] 
medical clinic, OR ANY OTHER SIMILAR FACILITY in the 
country to detain or to otherwise cause, directly or indirectly, 
the detention of patients who have fully or partially 
recovered or have been adequately attended to, WHO IS 
DUE FOR DISCHARGE, or who may have died, 
INCLUDING WITHHOLDING DOCUMENTS PERTINENT 
TO THE EXAMINATION, DIAGNOSIS, MEDICATION, 
CARE AND HOSPITALIZATION OF THE PATIENT, for 
reasons of nonpayment in part or in full, of hospital bills or 
medical expenses."


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Sec. 2. Section 2 of Republic Act No. 9439 is hereby amended to read as
follows:
"SEC. 2. Patients who have fully or partially recovered 
and who already wish to leave the hospital, [or] medical 
clinic OR ANY OTHER SIMILAR FACILITY but are 
financially incapable to settle, in part or in full, their 
hospitalization expenses, including professional fees and 
medicines, shall be allowed to leave the hospital or medical 
clinic, with a right to demand the issuance of the 
corresponding medical certificate and other pertinent papers 
required for the release of the patient from the hospital or 
medical clinic upon the execution of a promissory note 
covering the unpaid obligation. The promissory note shall be 
secured by either a mortgage or by a guarantee of a co­
maker, who will be jointly and severally liable with the 
patient for the unpaid obligation. IF THE PATIENT IS AN 
ACTIVE MEMBER OF EITHER THE SOCIAL SECURITY 
SYSTEM (SSS), GOVERNMENT SERVICE INSURANCE 
SYSTEM (GSIS), OR THE PHILIPPINE HEALTH 
INSURANCE CORPORATION (PHILHEALTH), A 
GUARANTEE LETTER FROM ANY OF THESE AGENCIES 
MAY BE PRESENTED WITH THE PROMISSORY NOTE 
IN LIEU OF A MORTGAGE OR GUARANTEE BY A CO­
MAKER. IF THE PATIENT IS AN INDIGENT, A 
GUARANTEE LETTER FROM THE DEPARTMENT OF 
SOCIAL WELFARE AND DEVELOPMENT (DSWD) MAY 
BE SUBMITTED. In the case of a deceased patient, the 
corresponding death certificate and other documents 
required for interment and other purposes shall be released 
WITHIN FORTY-EIGHT (48) HOURS FROM THE 
DEMAND OF THE DOCUMENTS to any of his surviving


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relatives requesting for the same: PROVIDED, HOWEVER,
THAT IN THE EVENT THE DOCUMENTS WILL BE 
NEEDED FOR PURPOSES OF CLAIMING SOCIAL 
SECURITY BENEFITS, INSURANCE POLICIES, PRE­
NEED PLANS OR SETTLEMENT OF ESTATE, THE 
HOSPITAL MAY REQUIRE THE EXECUTION OF AN 
ASSIGNMENT OF PROCEEDS UP TO THE EXTENT OF 
THE HOSPITAL BILLS OR MEDICAL 
EXPENSES/HOSPITALIZATION EXPENSES: Provided, 
[however,] FINALLY, That patients who stayed in private 
rooms shali not be covered by this Act, UNLESS THE SAID 
PATIENT, NOTWITHSTANDING ONE'S EXPRESSED 
DESIRE TO BE ADMITTED TO A NON-PRIVATE ROOM,
WAS ADMITTED TO A PRIVATE ROOM FOR THE 
FOLLOWING REASONS:
"(A) NO NON-PRIVATE ROOM IN THE HOSPITAL, 
MEDICAL CLINIC OR ANY OTHER SIMILAR FACILITY 
WAS AVAILABLE AND THE PATIENT WAS COMPELLED 
TO BE ADMITTED THERETO DUE TO THE URGENCY OF 
THE CASE;
"(B) THE PHYSICIAN OR OTHER MEDICAL 
PROFESSIONALS OF THE HOSPITAL, MEDICAL 
CLINIC OR ANY OTHER SIMILAR FACILITY DEEMED 
IT TO BE IN THE BEST INTEREST OF THE PATIENT TO 
BE ADMITTED TO A PRIVATE ROOM FOR PURPOSES 
OF INTENSIVE CARE, ISOLATION, QUARANTINE, OR 
OTHER COMPELLING CIRCUMSTANCES."
Sec. 3. Section 3 of Republic Act No. 9439 is hereby amended to read as
follows:
"SEC. 3. Any officer or employee of the hospital, [or] 
medical clinic, OR ANY OTHER SIMILAR FACILITY
responsible for releasing patients, who violates the


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provisions of this Act shall be punished by a fine of not less
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than [Twenty thousand pesos (P20/000.00), but not more
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than—Rfty—thetisand—pesos—(P50,000.00),] FIFTY
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THOUSAND PESOS (P50,000.00) BUT NOT MORE
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THAN TWO HUNDRED THOUSAND PESOS
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(P200,000.00) or imprisonment of not less than [of^e
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month, but not more than six months,] SIX (6) MONTHS
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AND ONE (1) DAY TO THREE (3) YEARS, or both such
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fine and imprisonment, at the discretion of the proper court:
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PROVIDED, THAT THE MAXIMUM PENALTY SHALL BE
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IMPOSED TO EMPLOYEES AND OFFICERS OF
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GOVERNMENT HOSPITALS AND PUBLIC MEDICAL
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INSTITUTIONS: PROVIDED, HOWEVER, THAT IF
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SUCH VIOLATION WAS COMMITTED PURSUANT TO A
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CONTINUING POLICY OF THE HOSPITAL, MEDICAL
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CLINIC OR ANY OTHER SIMILAR FACILITY OR UPON
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THE INSTRUCTION OF ITS MANAGEMENT, THE
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DIRECTOR OR OFFICER/S OF SUCH HOSPITAL,
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CLINIC OR FACILITY RESPONSIBLE FOR THE
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FORMULATION AND IMPLEMENTATION OF SUCH
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POLICY SHALL SUFFER THE IMPRISONMENT OF NOT
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LESS THAN THREE (3) YEARS UP TO SIX (6) YEARS,
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OR A FINE OF NOT LESS THAN FIVE HUNDRED
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THOUSAND PESOS (P500,000.00) BUT NOT MORE
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THAN TWO MILLION PESOS (P2,000,000.00), OR
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BOTH AT THE DISCRETION OF THE COURT.
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Sec. 4. Separability Clause. - If for any reason, any provision of this Act is
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declared unconstitutional or invalid, such parts not affected thereby shall remain in
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full force and effect.
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Sec. 5. Repealing Clause. - All laws, decrees, executive orders, rules and
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regulations and other issuances or parts thereof which are inconsistent with this Act
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are hereby repealed, amended or modified accordingly.


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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in any two (2) newspapers of general
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circulation.
Approved,