TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
SENATE
217
25 JUl -7 P12 '07
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
INCREASING THE PENALTIES FOR THE DETENTION OF PATIENTS AND 
CADAVERS IN HOSPITALS, MEDICAL CLINICS, OR ANY OTHER SIMILAR 
FACILITIES ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR 
MEDICAL EXPENSES AMENDING FOR THE PURPOSE REPUBLIC ACT 9439 
ENTITLED "AN ACT PROHIBITING THE DETENTION OF PATIENTS IN 
HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF 
HOSPITAL BILLS OR MEDICAL EXPENSES
EXPLANATORY NOTE
The protection against any means to vitiate a person's free will and any form 
of detention is a right guaranteed under the Philippine Constitution. Moreover, it is a 
widely accepted tenet in health care that the patient has a right to make decisions 
regarding medical care, Including the right to accept or refuse treatment.
Republic Act. 9439 entitled "An Act Prohibiting the Detention of Patient in 
Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical 
Expenses" was enacted in 2007 to curtail the unscrupulous practice of refusing the 
discharge of patients, effectively detaining them primarily for their inability to fully or 
partially pay for their medical expenses. The law also prohibits the undesirable practice 
of refusing to release the body of a deceased patient with unpaid bills to their families.
However, eighteen years after, the practice has persisted. There are still reports 
of patients who are not discharged or are not able to get pertinent documents 
regarding their admission if they are unable to settle their hospital bills. There are still 
stories of families not being able to get the bodies of their deceased loved ones, 
causing additional burden to those already in mourning. Often, it is poor Filipino 
families who are being victimized by this practice. With the advent of Universal Health 
Care in the country, there is no more place for the practice of detaining patients in 
hospitals on account of non-payment of hospital bills.
This measure seeks to strengthen Republic Act 9439 primarily by increasing 
penalties against institutions continuing this practice. It also expands the coverage of 
the law to include patients admitted in private rooms. Furthermore, it offers additional


mechanisms for the patients to guarantee their obiigations to heaith providers. Lastiy, 
this measure seeks to estabiish an Anti-Hospitai Detention Fund to partiy cover unpaid 
promissory notes issued by poor and indigent patients.
In view of the foregoing, the passage of this biii is earnestiy sought.
RISA HONTIVEROS 0 
Senator
itu.


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
)
)
)
SENATE
217
25 JUL -7 Pi2 ;07
iSlLl.
INTRODUCED BY SENATOR RISA HONTIVEROS
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AN ACT
INCREASING THE PENALTIES FOR THE DETENTION OF PATIENTS AND 
CADAVERS IN HOSPITALS, MEDICAL CLINICS, OR ANY OTHER SIMILAR 
FACILITIES ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR 
MEDICAL EXPENSES AMENDING FOR THE PURPOSE REPUBLIC ACT 9439 
ENTITLED "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 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 or who may 
have died, for reasons of non-payment in part or in full of hospital bills, 
medical expenses."
Sec. 2. Section 1 of Republic Act 9439 is hereby amended to read as follows: 
"SECTION 2. Patients who have fully or partially recovered and who 
already wish to leave the hospital or medical clinic but are financially 
incapable to settle, in part or in full, their hospitalization expenses, 
including professionai fees and medicines, shaii be ailowed 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


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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) SHALL SUFFICE.
In the case of a deceased patient, the CADAVER SHALL BE 
RELEASED BY THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER 
SIMILAR FACILITY TO THE RELATIVES AND THE 
CORRESPONDING DEATH CERTIFICATE AND OTHER 
DOCUMENTS REQUIRED FOR INTERMENT, CLAIMS FOR SOCIAL 
SECURITY, OR THE INSTITUTION OF CRIMINAL PROCEEDINGS 
SHALL BE PROMPTLY ISSUED. PROVIDED, HOWEVER, THAT 
FOR PURPOSES SUCH AS PRIVATE INSURANCE OR 
SETTLEMENT OF ESTATE, SECURED PROMISSORY NOTE OR 
DEED OF ASSIGNMENT OF PROCEEDS SHALL BE REQUIRED 
BEFORE THE ISSUANCE OF THE APPROPRIATE CERTIFICATE 
AND DOCUMENTS FOR SUCH PURPOSES, PROVIDED FURTHER, 
THAT A GUARANTEE LETTER FROM EITHER THE SSS, GSIS, OR 
PHILHEALTH IF THE DECEASED WAS A MEMBER OF THE SAID 
AGENCIES, OR THE DSWD IF THE DECEASED WAS AN 
INDIGENT MAY TAKE THE PLACE OF THE PROMISSORY NOTE. 
[the corresponding death certificatG and other documents required for
interment and other purposes shall be rclGaGcd to any of his Gurviving
relatives requesting for the Game: Provided, however, That patients who


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stayed in private rooms shall not be covered by this Act;j
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Sec. 3. Section 3 of R.A. 9349, entitled "An Act Prohibiting the Detention of
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Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills
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or Medical Expenses" is hereby amended to read:
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"SECTION 3. Any officer or employee of the hospital or medical clinic
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responsible for releasing patients, who violates the provisions of this Act
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shall [bo punished by a fine of not loss than Twenty thousand pesos
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(P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or
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imprisonment of not loss than one month, but not more than six months,-
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or both such fine and imprisonment, at the discretion of the proper
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eewt] UPON CONVICTION BY FINAL JUDGMENT, BE PUNISHED
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BY IMPRISONMENT OF NOT LESS THAN SIX (6) MONTHS AND
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ONE (1) DAY BUT NOT MORE THAN TWO (2) YEARS AND FOUR
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(4) MONTHS, OR A FINE OF NOT LESS THAN ONE HUNDRED
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THOUSAND PESOS (P100,000.00), BUT NOT MORE THAN THREE
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HUNDRED THOUSAND PESOS (P300,000.00) OR BOTH, AT THE
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DISCRETION OF THE COURT: PROVIDED, HOWEVER, THAT IF
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SUCH VIOLATION WAS COMMITTED PURSUANT TO AN
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ESTABLISHED POLICY OF THE HOSPITAL OR CLINIC OR UPON
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INSTRUCTION OF ITS MANAGEMENT, THE DIRECTOR OR
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OFFICER OF SUCH HOSPITAL OR CLINIC RESPONSIBLE FOR
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THE FORMULATION AND IMPLEMENTATION OF SUCH POLICY
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SHALL, UPON CONVICTION BY FINAL JUDGMENT, SUFFER
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IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, OR A FINE OF
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NOT LESS THAN FIVE HUNDRED THOUSAND PESOS
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(P500,000.00), BUT NOT MORE THAN ONE MILLION PESOS
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(P1,000,000.00) OR BOTH, AT THE DISCRETION OF THE
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COURT. FURTHER, UPON THREE REPEATED VIOLATIONS
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COMMITTED PURSUANT TO AN ESTABLISHED POLICY OF THE
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HOSPITAL OR CLINIC OR UPON THE INSTRUCTIONS OF ITS
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MANAGEMENT, THE HEALTH FACILITY'S LICENSE TO OPERATE
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SHALL BE REVOKED BY THE DEPARTMENT OF HEALTH (DOH)."


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Sec. 4. Anti-Hospital Detention Assistance Fund. - There is hereby created an
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Anti-Hospital Detention Assistance Fund amounting to One Hundred Million
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(PlOO,000,000.00) to be managed by the DOH. This fund shall be used to partly cover
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unpaid promissory notes issued by poor and indigent patients.
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The amount necessary for the initial implementation of this Act shall be charged
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against the current appropriations of the DOH who shall set up an Anti-Hospital
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Detention Assistance Fund for patients. Thereafter, the funds necessary to carry out
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the provisions of this Act shall be sourced from the Medical Assistance for Indigent
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Patients (MAIP) Program Funds of the DOH.
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Sec. 5. Implementing Rules and Regulations. — The Department of Health,
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jointly with the Department of Social Welfare and Development, the Government
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Service Insurance System, Social Security System, Philippine Charity Sweepstakes
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Office, and the Philippine Health Insurance Corporation shall, within six (6) months
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from the effectivity of this Act, promulgate the rules and regulations necessary for the
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proper implementation of this Act.
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Sec. 6. Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid, other provisions not otherwise affected shall remain in full
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force and effect.
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Sec. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations or
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parts thereof which are inconsistent with this Act are hereby repealed or amended
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accordingly.
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Sec. 8. Effectivity Clause. - This Act shall take effect upon its publication in the
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Official Gazette or in a newspaper of general circulation.
Approved,