Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3711

HOUSE BILL NO.

Introduced by Rep. Erico Aristotle C. Aumentado

EXPLANATORY NOTE

This bill seeks to prohibit hospitals and medical clinics from withholding the death
certificates of deceased patients due to non-payment of hospital bills, professional fees
and other medical expenses and provides penalties for violation thereof.

A death certificate is an important legal document. It does not only provide
information on the cause of death but also serves as a record and evidence on the
‘occurrence of death.

Under Section 6 of Act No. 3753 or the Law on Registry of Civil Status, “No human
body shall be buried unless the proper death certificate has been presented and recorded
in the office of the local civil registrar.” Thus, a death certificate is required for the burial
or cremation of a deceased person.

Further, Republic Act No. 9439, entitled “An Act Prohibiting the Detention of
Patients in Hospital and Medical Clinics on Grounds of Non-Payment of Hospital Bills or
Medical Expenses.” Provides that the death certificate of the deceased patient and other
documents required for internment and other purposes shall be released to any of the
surviving relatives requesting for the same. The law does not apply, however, to patients
who stayed in the private rooms. This could be the reason why some hospitals, especially
private hospitals, withhold the issuance of the death certificate of the deceased patient
unless the hospital bills, professional fees and other medical expenses incurred by the
patient have been fully paid. There are many reported cases wherein the family of the
deceased patient fails to accord the decedent proper wake and burial because the
hospital has not issued the necessary death certificate for the unpaid hospital bills. This
situation causes additional pain and suffering to the grieving family of the deceased


especially to those who cannot pay the bill. Furthermore, without the death certificate,
the family is precluded from the filing the legal actions to claim the insurance and death
benefits of the deceased and the processes to transfer property or settle the state of the
deceased.

This bill aims to ensure the release of the death certificate even from private
hospitals and medical clinics, to give due dignity to the dead and allow the bereaved
family and relatives to proceed and claim their rights under the law as survivors of the
deceased.

In view of the foregoing, approval of this bill is earnestly sought



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _3711

Introduced by Rep. Erico Aristotle C. Aumentado

AN ACT

PROHIBITING HOSPITALS AND MEDICAL CLINICS FROM WITHHOLDING THE
DEATH CERTIFICATES OF THE DECEASED PATIENTS DUE TO NON-PAYMENT OF
HOSPITAL BILLS, PROFESSIONAL FEES AND OTHER MEDICAL EXPENSES AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic to withhold the
death certificate and other pertinent documents of a deceased patient due to non-
payment of hospital bills, professional fees and other medical expenses.

Notwithstanding the unpaid obligation of the patient, the hospital or medical clinic
shall issue the death certificate to the surviving relatives of the deceased within three (3)
working days after receipt of the request.

Any hospital or medical clinic who fails or refuses to issue the death certificate of
the deceased patient shall be punished with a fine of not less than One hundred thousand


pesos (P100, 000.00) but not more than Five hundred thousand pesos (P500,000.00)
and the officer or employee responsible for the order not to release and issue the death
certificate shall suffer the penalty of imprisonment of not less than one (1) month but not
more than six (6) months.

SEC. 2. Within sixty (60) days from the approval of this Act, the Secretary of
Health shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 3. All laws, decrees, orders, issuances, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 4. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,