c1. 
4‘h CONGRESS OF THE REPUBLIC 
) 
IF THE PHILIPPINES 
’hird Regular Session 
i 
#’ 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Section 11, Article XI11 of the 1987 Constitution provides that: 
“Section 11. The Slate shall adopt an integrated and 
comprehensive approach to health development which shall 
endeavor to make essential goods, health and other social services 
available to all the people at affordable cost. There shall be 
priority for the needs of 
the under-privileged, sick, elderly, 
disabled, women, and children. The State shull endeavor to 
provide pee medical care to paupers.” 
Through this proposed measure, a patient or his or her representatives has a non- 
adversarial way of seeking the redress of his or her grievances against a physician and other 
medical personnel, thereby avoiding unnecessary litigation. His or her complaint, which must 
state the act or failure complained of, the parties to whom the complaint is directed against, the 
conduct or duty violated, and other allegations which the complainant deems necessary to 
include, will go to the Grievance Board created for this purpose by the hospital, composed of 
hospital officials, doctors, and representatives from the local health unit, and the consumer 
arbitration office in the place where the hospital is located. Any decision of the Board will not 
deprive the patient the right to seek other remedies allowed under other existing laws. Rrovided, 
that, he or she shall not be allowed to recover twice for the same remedy. 
This bill seeks to establish an effective, efficient and just grievance mechanism that will 
ensure the protection of a person’s right to a decent, humane and adequate health care in all 
health institutions providing medical treatment in the Philippines, be it private or public. 
Immediate passage of this bill is highly needed. 


r; ,’ 
14Ih CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
1 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT ESTABLISHING A PATIENT GRIEVANCE MECHANISM FOR 
INSTITUTIONS WITH THE SUPERVISION OF THE DEPARTMENT OF HEALTH, 
AND FOR OTHER PURPOSES 
TREATMENT-RELATED GRIEVANCES IN ALL PUBLIC AND PRIVATE HEALTH 
Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress 
assem bled: 
SECTION 1, Short Title. - This Act shall be known as the “Patient Grievance 
Mechanism Act of 2009”. 
SECTION 2. Declaration of Policy. - The State values the dignity of every person and 
upholds full respect for human rights. It shall then maintain the policy of protecting and 
promoting the citizen’s right to health and instilling health awareness among them. Thus, it is 
imperative for the State to establish an effective, efficient and just grievance mechanism that will 
ensure the protection of a person’s right to a decent, humane and adequate health care. This Act 
intends to create a functional mechanism that will address the problems and complaints of 
medical patients in relation to their treatment. 
SECTION 3. Definition of Terms. - For purposes of this Act, the following terms shall 
mean: 
(a) “Patients” - persons requiring medical attention from any medical practitioner. 
(b) “Medical Grievance” - a grievance or complaint specific to the provision or nonprovision 
of medical care or services. It can be any complaint arising from injury or death of a 
patient in relation to his or her diagnosis, prognosis, or treatment by a physician or any 
medical practitioner and/or his or her assistant due, but not limited to, the following: 
(1) Gross incompetence or negligence in the practice of his or her profession; 
(2) Aiding or acting as a dummy of a person unqualified or unregistered to 
(3) Violation of the doctor-patient privilege. 
practice medicine; and 
(c) “Grievance Board” - the grievance mechanism instituted by the hospital which will 
receive, investigate, examine and resolve all medical grievances that may fall under its 
jurisdiction. 
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(d) “Gross negligence” - pursuit of a course or conduct, which would naturally and 
reasonably result in injury and/or death. It is characterized by a lack of care and an 
intentional neglect to act in the call of duty while maintaining a conscious indifference io 
consequences it will have on other people. The existence of negligence in a given case is 
not determined by reference to the specific judgment of a person involved in a complaint, 
but by what would be reckless, blameworthy and negligent in a person of average 
intelligence and prudence. 
(e) “Health Care Provider” - all medical and health personnel involved in the diagnosis, 
prognosis and treatment of a patient. 
(f) “Hospital” - health institution defined as such under Republic Act No. 4226 or the 
Hospital Licensure Act of 1965. 
(8) “Consumer Arbitration Officer” - person appointed for the effective and efficient 
protection of consumer rights under Republic Act No. 7394 or the Consumer Act of the 
Philippines. 
(h) “Legal Representative” - the members of the patient’s immediate family or his or her 
guardian or counsel chosen by the patient to represent him or her. 
SECTION 4. Formation of a Grievance Board in all Public and Private Hospitals. - All 
hospitals must create a Grievance Board that will receive, investigate, adjudicate and recommend 
actions to arrive at a resolution of complaints related to the diagnosis, prognosis and treatment of 
patients who sought the services of such health institution. 
The Hospital Grievance Board shall have at least seven (7) members: 
(a) One (1) grievance officer appointed and permanently designated by the hospital who 
shall act as the chairperson. He or she must hold a supervisory or managerial position and 
must not be a medical doctor. 
(b) Two (2) doctors from the hospital’s pool of physicians: Provided, That they were not 
involved in the treatment of the patient - complainant: Provided, further, That they have 
the necessary expertise in the branch of medicine that is the subject matter o f  a given 
case: Provided, finally, that they are not related up to the third degree of consanguinity to 
any party involved in the complaint or grievance; 
(c) The local health officer or hisher duly authorized representative: Provided, That the 
representative is a Ill-time staffof the local health unit and must be a college graduate; 
(d) One (1) representative from the Philippine Medical Association (PMA) or any recognized 
national or nongovernmental health organization; 
(e) One (1) representative from the Department of Health (DOH) Regional Office and 
implementing arm in every region - Center for Health Development (CHD); and 
(f) One (1) consumer arbitration officer who has jurisdiction over the area where the hospital 
is located. Each hospital shall draft a list of experts for each field who are authorized to 
sit in the Board. The DOH shall have the duty of ensuring the establishment of the 
Grievance Boards and acting as their overseer. 
SECTION 5. Patient Grievance Procedure. - A patient desiring to file a grievance under this 
Act shall submit a complaint in writing to the Hospital Grievance Board, a copy of which shall 
also be sent to the respective Center for Health Development (CHD). The document must be 


signed and sworn to by the patient himself or herself or his or her legal representative and must 
be filed within thirty (30) days from the occurrence of the event on which the complaint is based. 
It must state the act or €ailure complained of, the parties to whom the complaint is directed 
against, the conduct or duty violated, and other allegations which the complainant deems 
necessary to include. 
SECTION 6. Action on the Grievance. - It is the duty of the grievance officer to examine 
the stated allegations and determine what falls within the jurisdiction of the Grievance Board. He 
or she may require the parties to submit affidavits, briefs or other pertinent documents within a 
reasonable period and under appropriate conditions to determine the validity of the complaint. 
The grievance officer shall act on the complaint within fifteen (15) days upon receipt. If the 
complaint is deemed not actionable, the officer shall inform the patient, or his or her legal 
representative, in writing, the basis of the said dismissal. Should the officer find that the 
complaint i s  actionable, he or she shall submit a report to the Board and recommend the case for 
mediation. 
The Board shall have thirty (30) days from receipt of the grievance officer's report to resolve the 
complaint. 
This Act shall not deprive the patient the right to seek other remedies allowed under other 
existing laws. Provided, that, he or she shall not be allowed to recover twice for the same 
remedy. 
SECTION 7. Remedies to be Awarded - If the physician and his or her assistants are 
found guilty of any of the acts listed on the complaint, the Grievance Board, through majority 
vote of all members except the grievance officer who endorsed the case, may grant relief prayed 
for by the complainant. Remedies shall be limited to compensation for actual monetary loss and 
will not cover psychological damages or other explicitly nonmonetary losses. Likewise, the 
Board may recommend disciplinary action on the respondent under the civil service rules and 
regulations, in case of public hospitals, to the Professional Regulation Commission, and the 
concerned medical association. 
SECTION 8. Rules of Procedure. - The hospital shall promulgate its rules and 
regulations which must clearly state the procedures and methods of filing and addressing 
grievances. The rules must be consistent with the provisions of this Act and shall require the 
approval of the DOH before implemeiitation. The procedure must be broad enough to apply to 
the handling of various types of complaints and must effectively facilitate the settlement of 
grievances at the soonest possible time, It shall include the rules on taking appeal. 
All records received from the parties and the proceedings of the Board shall be kept strictly 
confidential and shall not be disclosed, except upon lawful order of a competent court. 
SECTION 9. Appeal. - Any party adversely affected by a decision, ruling or inaction by 
the Grievance Board on a patient's complaint may file an appeal before the Secretary of the DOH 
within thirty (30) days upon receipt of the resolution of the Grievance Board. The Secretary of 
Health shall act on it within thirty (30) days upon receipt of the appeal. 
SECTION 10. Implementing Rules and Regulations - The DOH, in coordination with 
the Department of Justice, the Professional Regulation Commission, the Professional Regulation 
Commission - Board of Medicine, the Philippine Medical Association (PMA), the Philippine 
Hospital Association, the Philippine Health Insurance Corporation and concerned private 
agencies, nongovernmental organizations and people's organizations shall issue the 
implementing rules and regulations necessary to carry out the provisions of this Act within one 
hundred eighty (180) days after its approval. 
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SECTION 11. Prescriptive Period, - The time during which the case is submitted for 
mediation shall toll the running of the prescriptive period for the filing of a civil or criminal case 
under the Revised Penal Code or any administrative case under existing laws. 
SECTION 12. 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. 
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SECTION 13. Repealing Clause. - All laws, presidential decrees or issuances, executive 
orders, letters of instruction, administrative orders or mles and regulations, which may be 
inconsistent with this Act shall be deemed repealed, amended or modified accordingly. 
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (IS) days following 
its publication in two (2) newspapers of general circulation. 
Approved, 
4