REPUBLIC ACT NO.

4226 - AN ACT REQUIRING THE LICENSURE OF ALL HOSPITALS IN THE PHILIPPINES AND
AUTHORIZING THE BUREAU OF MEDICAL SERVICES TO SERVE AS THE LICENSING AGENCY
SECTION 1. This Act shall also be known as the Hospital Licensure Act.
SECTION 2. Definitions. As used in this Act
(a) 'Hospital' means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care
of individuals suffering from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care. The
term 'hospital shall also be construed as any institution, building or place where there are installed beds, or cribs, or bassinets for
twenty-four-hour use or longer by patients in the treatment of diseases, diseased-conditions, injuries, deformities, or abnormal
physical and mental states, maternity cases, and all institutions such as those for convalescence, sanitarial or sanitarial care,
infirmities, nurseries, dispensaries and such other names by which they may designated.
(b)
'Government hospital' means a hospital operated and maintained either partially or wholly by the national, provincial,
municipal or city government or other political subdivision, or by any department, division, board or other agency thereof.
(c) 'Private hospital' means one which is privately owned, established and operated with funds raised or contributed through
donations, or by private capital or other means, by private individuals, association, corporation, religious organization, firm,
company or joint stock association.
(d) 'Clinic' means a place in which patients avail of medical consultations or treatments on an out-patient basis. However, any
clinic or dispensary where there is at least six beds or cribs or bassinets installed for twenty-four-hour use by patients shall be
construed to fall within the definition of a hospital as described in this Act.
(e) 'Licensee' is the person or persons granted a license to operate and maintain a hospital according to an approved minimum
standard.
SECTION 3. Construction Permit. No hospital, government or private, shall be constructed unless plans have been approved
and construction permit issued by the licensing agency as defined in this Act.
SECTION 4. Registration and license. No hospital shall operate or be opened to the public unless it shall have been registered
and a license for its operation obtained from the licensing agency provided in this Act.
SECTION 5.
Licensing Agency. For purposes of setting standards in hospital construction and operation, the Bureau of
Medical Services in addition to its present duties shall act as the licensing agency. The Secretary of Health shall reorganize this
Bureau to include a staff of hospital architects, hospital administrators, sanitary engineers and such personnel as may be necessary
to carry out the purposes of this Act without necessarily increasing the present personnel strength of this Bureau.
SECTION 6. Powers and duties of the licensing agency. The Bureau of Medical Services, or the licensing agency shall have
the following powers and duties:
a. To conduct an ocular survey of all existing hospitals in the Philippines, government or private, with a view to determine their
fitness to operate considering their facilities and physical plant.
b. To prescribe standard plans for government hospital plants in consultation with the Division of Architecture, Bureau of Public
Works.
c.
To approve plans for hospital plants, government or private, and to issue permits or authority to construct hospitals in
accordance with the provisions of this Act.
d. To keep a permanent register of approved hospitals or those issued licenses to operate indicating the name of the hospital,
address or location, type of hospital, name of the director or administrator, ownership, number of authorized beds and bassinets
and such other pertinent data as may be necessary.
e. To grant licenses for the operation and maintenance of hospitals or revoke the same in accordance with the provisions of this
Act.
f. To make periodic inspection of all hospitals so as to check compliance with rules and regulations legally promulgated or with
the provisions of this Act and to make recommendations to directors or administrators of hospitals for the correction of defects
found during such inspections.
g. To publish yearly a list of all approved hospitals indicating the name, location, type, authorized beds, and name of the director
or administrator.
h. To submit yearly reports to the Secretary of Health, the Speaker of the House of Representatives, the President of the Senate
and the chairmen and members of the Committees on Health of both Houses of Congress, such reports to include a list of approved
hospitals indicating the name of the hospital, location, bed capacity and name of the director or administrator and make
recommendations on hospital needs or requirements for hospital service in certain communities that do not enjoy such hospital
services.
SECTION 7. Filing of Application for Construction Permit. Application for a permit to construct a hospital shall be submitted
to the Office of the Director, Bureau of Medical Services in a form prescribed by the latter and accompanied by a plan of the

hospital plant proposed to be constructed. The application shall state the name of the hospital, ownership, number of beds proposed
to be operated, location and type of hospital to be constructed.
SECTION 8. Minimum Standards of Construction. In order that a permit to construct a hospital can be issued the hospital
plan shall provide sufficient bed space for the hospital bed capacity proposed, a laboratory room, an operating room, including
work rooms for sterilization, anesthesia preparation, etc., an X-ray or radiology room, pharmacy, dispensary or out-patient
department, delivery room, isolation rooms, autopsy room or morgue, sufficient quarters for residents, nurses, attendants and
helpers and sufficient number of toilet facilities.
Wards shall be constructed such that segregation of the sexes is observed and as far as practicable classified as to the type of cases
to be confined.
SECTION 9.
Application for Registration and Issuance of License. Application for registration of a hospital and for the
issuance of a license for its operation and maintenance shall be filed with the Bureau of Medical Services on a form prescribed by
it. Registration may be made and license issued upon compliance with the provisions of Section eight hereof and the rules and
regulations prescribed by the licensing agency pursuant to the provisions of this Act.
SECTION 10. Inspection. Permit to construct a hospital or a major portion thereof and license to operate and maintain the
same shall be issued by the licensing agency only after a representative of the licensing agency has conducted an ocular inspection
and certified that the applicant has satisfactorily complied with requisites prescribed in this Act. The license to operate and
maintain a hospital shall be renewed every year upon payment of the prescribed fees.
SECTION 11. Revocation of License. The licensing agency may suspend or revoke a license already issued for any of the
following grounds: (a) repeated violation by the licensee of any provision of this Act or of any other existing law; (b) repeated
violation of rules and regulations prescribed in the implementation of this Act; or (c) repeated failure to make necessary
corrections or adjustments required by the licensing agency in the improvement of facilities and services.
SECTION 12. Hearing. Any person, association, corporation, or any other private entity who has been refused a license to
operate and maintain a hospital or whose license for such hospital has been suspended or revoked shall be entitled to an
administrative hearing to be conducted by the Secretary of Health and his two undersecretaries to determine the justifiability of
such denial, suspension or revocation of the license: provided, that the licensee may resort to the courts, as in other cases provided
by law.
SECTION 13. Separate Licenses Required. Separate licenses shall be required for hospitals or branches thereof maintained in
separate premises, even though they are operated under the same management: provided, however, that separate licenses shall not
be required for separate buildings in the same compound: provided, further, that permits for construction or alteration of buildings
within the same compound shall also be secured from the licensing agency to determine compliance with standards and
requirements herein authorized.
SECTION 14. License not transferable. License for the operation of hospitals shall not be transferable. The licensing agency
shall be notified of any change in ownership, change of name of the hospital, and transfer of location and in the latter case, an
application for a new license should be submitted.
SECTION 15.
Rules and Regulations. The Bureau of Medical Services acting as a licensing agency and subject to the
approval of the Secretary of Health, shall promulgate rules and regulations to implement the provisions of this Act.
SECTION 16. Classification of Hospitals. The licensing agency shall study and adopt a system of classifying hospitals in the
Philippines as to: (1) general or special; (2) hospital services capabilities; (3) size or bed capacity and (4) class of hospital whether
training or not.
SECTION 17. Fees. Each applicant for a permit to construct a hospital shall pay the amount of five pesos as permit fee. A
registration fee of five pesos and an annual license fee of ten pesos shall likewise be collected for each hospital and for each
approved license: provided, that a government hospital shall be exempt from the payment of such fees. The amount herein
collected shall be officially receipted by the licensing agency and shall constitute as a revolving fund for the use of the licensing
agency.
SECTION 18. Penalties. Any person, partnership, association, or corporation who establishes, operates, conducts, manages or
maintains a hospital or hospital clinic within the meaning of this Act without first obtaining a license as provided for in this Act or
violates any provision hereof shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not more
than five hundred pesos for the first offense and not more than one thousand pesos for each subsequent offense, and each day that
the hospital shall operate after the first conviction shall be considered a subsequent offense.
SECTION 19. Repeal. Any law or laws or parts thereof inconsistent with the provisions of this Act are hereby repealed.
SECTION 20. Effectivity. This Act shall take effect upon its approval.
Approved: June 19, 1965

Republic Act No. 7042 (As amended by RA 8179)

AN ACT TO PROMOTE FOREIGN INVESTMENTS, PRESCRIBE THE PROCEDURES FOR
REGISTERING ENTERPRISES DOING BUSINESS IN THE PHILIPPINES, AND
FOR OTHER PURPOSES
SECTION 1. Title. - This Act shall be known as the Foreign Investments Act of 1991.
SEC. 2. Declaration of Policy. - It is the policy of the State to attract, promote and welcome
productive investments from foreign individuals, partnerships, corporations, and governments, including their political
subdivisions, in activities which significantly contribute to national industrialization and socio-economic development to the extent
that foreign investment is allowed in such activity by the Constitution and relevant laws. Foreign investments shall be encouraged
in enterprises that significantly expand livelihood and employment opportunities for Filipinos; enhance economic value of farm
products; promote the welfare of Filipino consumers; expand the scope, quality and volume of exports and their access to foreign
markets; and/or transfer relevant technologies in agriculture, industry and support services. Foreign investments shall be welcome
as a supplement to Filipino capital and technology in those enterprises serving mainly the domestic market.
As a general rule, there are no restrictions on extent of foreign ownership of export enterprises. In domestic market enterprises,
foreigners can invest as much as one hundred percent (100%) equity except in areas included in the negative list. Foreign owned
firms catering mainly to the domestic market shall be encouraged to undertake measures that will gradually increase Filipino
participation in their businesses by taking in Filipino partners, electing Filipinos to the board of directors, implementing transfer of
technology to Filipinos, generating more employment for the economy and enhancing skills of Filipino workers.
SEC. 3. Definitions. - As used in this Act:
a) the term Philippine National shall mean a citizen of the Philippines or a domestic partnership or association wholly owned by
citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty percent
(60%) of the capital stock outstanding and entitled to vote is owned and held by citizens of the Philippines or a corporation
organized abroad and registered as doing business in the Philippine under the Corporation Code of which one hundred percent
(100%) of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or a trustee of funds for pension or other
employee retirement or separation benefits, where the trustee is a Philippine national and at least sixty percent (60%) of
the fund will accrue to the benefit of Philippine nationals: Provided, That where a corporation and its non-Filipino stockholders
own stocks in a Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent (60%) of
the capital stock outstanding and entitled to vote of each of both corporations must be owned and held by citizens of the
Philippines and at least sixty percent (60%) of the members of the Board of Directors of each of both corporations must be citizens
of the Philippines, in order that the corporation shall be considered a Philippine national;
(as amended by R.A. 8179).
b) the term investment shall mean equity participation in any enterprise organized or
existing under the laws of the Philippines;
c) the term foreign investment shall mean an equity investment made by a nonPhilippine national in the form of foreign
exchange and/or other assets actually transferred to the Philippines and duly registered with the Central Bank which shall assess
and appraise the value of such assets other than foreign exchange;
d) the phrase doing business shall include soliciting orders, service contracts, opening offices, whether called liaison offices or
branches; appointing representatives or
distributors domiciled in the Philippines or who in any calendar year stay in the country for a period or periods totaling one
hundred eighty (180) days or more; participating in the management, supervision or control of any domestic business,
firm, entity or corporation in the Philippines; and any other act or acts that imply a continuity of commercial dealings or
arrangements, and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally
incident to, and in progressive prosecution of, commercial gain or of the purpose and object of the business organization: Provided,
however, That the phrase doing business shall not be deemed to include mere investment as a shareholder by a
foreign entity in domestic corporations duly registered to do business, and/or the exercise of rights as such investor; nor having a
nominee director or officer to represent its interests in such corporation; nor appointing a representative or
distributor domiciled in the Philippines which transacts business in its own name and for its own account;
e) the term export enterprise shall mean an enterprise wherein a manufacturer, processor or service (including tourism) enterprise
exports sixty percent (60%) or more of its output, or wherein a trader purchases products domestically and exports
sixty percent (60%) or more of such purchases;
f) the term domestic market enterprise shall mean an enterprise which produces
goods for sale, or renders services to the domestic market entirely or if exporting a
portion of its output fails to consistently export at least sixty percent (60%) thereof; and
g) the term Foreign Investments Negative List or Negative List shall mean a list of areas of economic activity whose foreign
ownership is limited to a maximum of forty percent (40%) of the equity capital of the enterprises engaged therein.
SEC. 4. Scope. - This Act shall not apply to banking and other financial institutions which are
governed and regulated by the General Banking Act and other laws under the supervision of
the Central Bank.

SEC. 5. Registration of Investments of Non-Philippine Nationals. - Without need of prior approval, a non-Philippine national, as
that term is defined in Section 3 a), and not otherwise disqualified by law may, upon registration with the Securities and Exchange
Commission (SEC), or with the Bureau of Trade Regulation and Consumer Protection (BTRCP) of the Department of Trade and
Industry in the case of single proprietorships, do business as defined in Section 3 d) of this Act or invest in a domestic enterprise
up to one hundred percent (100%) of its capital, unless participation of non-Philippine nationals in the enterprise is prohibited or
limited to a smaller percentage by existing law and/or under the provisions of this Act. The SEC or BTRCP, as the case may be,
shall not impose any limitations on the extent of foreign ownership in an enterprise additional to those provided in this Act:
Provided, however, That any enterprise seeking to avail of incentives under the Omnibus Investment Code of 1987 must apply for
registration with the Board of Investments (BOI), which shall process such application for registration in accordance with the
criteria for evaluation prescribed in said Code: Provided, finally, That a non-Philippine national intending to engage in the same
line of business as an existing joint venture, in which he or his majority shareholder is a substantial partner, must disclose the fact
and the names and addresses of the partners in the existing joint venture in his application for registration with SEC. During the
transitory period as provided in Section 15 hereof, SEC shall disallow registration of the applying non-Philippine national if the
existing joint venture enterprise, particularly the Filipino partners therein, can reasonably prove they are capable to make the
investment needed for the domestic market activities to be undertaken by the competing applicant. Upon effectivity
of this Act, SEC shall effect registration of any enterprise applying under this Act within fifteen (15) days upon submission of
completed requirements.
SEC. 6. Foreign Investment in Export Enterprises. - Foreign investment in export enterprises whose products and services do not
fall within Lists A and B of the Foreign Investment Negative List provided under Section 8 hereof is allowed up to one hundred
percent (100%) ownership. Export enterprises which are non-Philippine nationals shall register with BOI and submit the reports
that may be required to ensure continuing compliance of the export enterprise with its
export requirement. BOI shall advise SEC or BTRCP, as the case may be, of any export enterprise that fails to meet the export
ratio requirement. The SEC or BTRCP shall thereupon order the non-complying export enterprise to reduce its sales to the
domestic market to not more than forty percent (40%) of its total production; failure to comply with such SEC or
BTRCP order, without justifiable reason, shall subject the enterprise to cancellation of SEC or BTRCP registration, and/or the
penalties provided in Section 14 hereof.
SEC. 7. Foreign Investment in Domestic Market Enterprises. - Non-Philippine nationals may own up to one hundred percent
(100%) of domestic market enterprises unless foreign ownership therein is prohibited or limited by the Constitution existing law or
the Foreign Investment Negative List under Section 8 hereof. (As amended by R.A. 8179)
SEC. 8. List of Investment Areas Reserved to Philippine Nationals (Foreign Investment Negative List). - The Foreign Investment
Negative List shall have two (2) components lists; A, and B.
a) List A shall enumerate the areas of activities reserved to Philippine nationals by mandate of the Constitution and specific laws.
b) List B shall contain the areas of activities and enterprises regulated pursuant to law:
1) which are defense-related activities, requiring prior clearance and authorization from Department of National Defense (DND) to
engage in such activity, such as the manufacture, repair, storage and/or distribution of firearms, ammunition, lethal
weapons, military ordinance, explosives, pyrotechnics and similar materials; unless such manufacturing or repair activity is
specifically authorized, with a substantial export component, to a non-Philippine national by the Secretary of National Defense; or
2) which have implications on public health and morals, such as the manufacture and distribution of dangerous drugs; all forms of
gambling; nightclubs, bars, beerhouses, dance halls; sauna and steam bathhouses and massage clinics. Small and medium-sized
domestic market enterprises, with paid-in equity capital less than the equivalent two hundred thousand US dollars (US$200,000)
are reserved to Philippine nationals, Provided that if: (1) they involve advanced technology as determined by the
Department of Science and Technology or (2) they employ at least fifty (50) direct employees,
then a minimum paid-in capital of one hundred thousand US dollars (US$100,000.00) shall be allowed to non-Philippine nationals.
Amendments to List B may be made upon recommendation of the Secretary of National Defense, or the Secretary of Health, or the
Secretary of Education, Culture and Sports, endorsed by the NEDA, approved by the President, and promulgated by a Presidential
Proclamation. Transitory Foreign Investment Negative List established in Sec. 15 hereof shall be replaced at the end of the
transitory period by the first Regular Negative List to be formulated and recommended by NEDA, following the process and
criteria provided in Sections 8 of this Act.
The first Regular Negative List shall be published not later than sixty (60) days before the end of the transitory period provided in
said section, and shall become immediately effective at the end of the transitory period. Subsequent Foreign Investment Negative
Lists shall become effective fifteen (15) days after publication in a newspaper of general circulation in the
Philippines: Provided, however, That each Foreign Investment Negative List shall be prospective in operation and shall in no way
affect foreign investment existing on the date of its publication. Amendments to List B after promulgation and publication of the
first Regular Foreign Investment Negative List at the end of the transitory period shall not be made more often than once every two
(2) years. (As amended by R.A. 8179)
SEC. 9. Investment Rights of Former Natural-born Filipinos. - For the purpose of this Act, former natural born citizens of the
Philippines shall have the same investment rights of a Philippine citizen in Cooperatives under Republic Act No. 6938, Rural
Banks under Republic Act No. 7353, Thrift Banks and Private Development Banks under Republic Act No. 7906, and

Financing Companies under Republic Act No. 5980. These rights shall not extend to activities reserved by the Constitution,
including (1) the exercise of profession; (2) in defense related activities under Section 8 (b) hereof. Unless specifically authorized
by the Secretary of National Defense; and, (3) activities covered by Republic Act No. 1180 (Retail Trade Act). Republic Act No.
5187 (Security Agency Act), Republic Act No. 7076 (Small Scale Mining Act), Republic Act No. 3018. As amended (Rice and
Corn Industry Act). And P.D. 449 (Cockpits Operation and Management). (As amended by R.A. 8179)
SEC. 10. Other Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution. - Any
natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine
laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square
meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. In
the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same,
the total area acquired shall not exceed the maximum herein fixed. In the case the transferee already owns urban or rural land for
business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other
purposes which when added to those already owned by him shall not exceed the maximum
areas herein authorized. A transferee under this Act may acquire not more than two (2) lots which should be situated in different
municipalities or cities anywhere in the Philippines: Provided, That the total land area thereof shall not exceed five thousand
(5,000) square meters in the case of urban land or three (3) hectares in the case of rural land for use by him for business or other
purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. ( As
amended by R.A. 8179)

SEC. 11. Compliance with Environmental Standards. - All industrial enterprises regardless of nationality of ownership shall
comply with existing rules and regulations to protect and conserve the environment and meet applicable environmental standards.
SEC. 12. Consistent Government Action. - No agency, instrumentality or political subdivision of the Government shall take any
action in conflict with or which will nullify the provisions of this Act, or any certificate or authority granted hereunder.
SEC. 13. Implementing Rules and Regulations. - NEDA, in consultation with BOI, SEC and other government agencies
concerned, shall issue the rules and regulations to implement this Act within one hundred and twenty (120) days after its
effectivity. A copy of such rules and regulations shall be furnished the Congress of the Republic of the Philippines.
SEC. 14. Administrative Sanctions. - A person who violates any provision of this Act or of
the terms and conditions of registration or of the rules and regulations issued pursuant thereto, or aids or abets in any manner any
violation shall be subject to a fine not exceeding one hundred thousand pesos (P100,000). If the offense is committed by a juridical
entity, it shall be subject to a fine in an amount not exceeding of 1% of total paid-in capital but not more than five million pesos
(P5,000,000). The president and/or officials responsible thereof shall also be subject to a fine not exceeding two hundred thousand
pesos (P200,000.00) In addition to the foregoing, any person, firm or juridical entity involved shall be subject to
forfeiture of all benefits granted under this Act. SEC shall have the power to impose administrative sanctions as provided herein
for any violation of this Act or its implementing rules and regulations.
SEC. 15. Transitory Provisions. - Prior to effectivity of the implementing rules and
regulations of this Act, the provisions of Book II of Executive Order 226 and its implementing rules and regulations shall remain in
force. During the initial transitory period of thirty-six (36) months after issuance of the Rules and Regulations to implement this
Act, the Transitory Foreign Investment Negative List shall consist of the following:
A. List A:
1. All areas of investment in which foreign ownership is limited by mandate of
Constitution and specific laws.
B. List B:
1. Manufacture, repair, storage and/or distribution of firearms, ammunition, lethal weapons, military ordnance, explosives,
pyrotechnics and similar materials required by law to be licensed by and under the continuing regulation of the Department of
National Defense; unless such manufacturing or repair activity is specifically authorized, with substantial export component, to a
non-Philippine national by the Secretary of National Defense;
2. Manufacture and distribution of dangerous drugs; all forms of gambling; nightclubs, bars, beerhouses, dance halls; sauna and
steam bathhouses, massage clinics and other like activities regulated by law because of risks they may pose to public health
and morals;
3. Small and medium-sized domestic market enterprises with paid-in equity capital less than the equivalent of Two-hundred
thousand US dollars (US$200,000.00), reserved to Philippine nationals: Provided, That if: (1) they involve advanced technology as
determined by the Department of Science and Technology or (2) they employ at least fifty (50) direct employees, then a minimum
paid-in capital of One hundred thousand US dollars (US$100,000.00) shall be allowed to non-Philippine nationals.
SEC. 16. Repealing Clause. - Articles forty-four (44) to fifty-six (56) of Book II of Executive
Order No. 226 are hereby repealed. All other laws or parts of laws inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SEC. 17. Separability Clause. - If any part or section of this Act is declared unconstitutional
for any reason whatsoever, such declaration shall not in any way affect the other parts or
sections of this Act.
SEC. 18. Effectivitiy. - This Act take effect from fifteen (15) days after approval and
publication in two (2) newspapers of general circulation in the Philippines.

REPUBLIC ACT NO. 9439

April 27, 2007

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS
OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES
SECTION 1. It shall be unlawful for any hospital or medical clinic 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 nonpayment in part or in full of hospital bills or medical expenses.
SEC. 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 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. In the case of a deceased patient, the
corresponding death certificate and other documents required for interment and other purposes shall be released to any of his
surviving relatives requesting for the same: Provided, however, That patients who stayed in private rooms shall not be covered by
this Act.
SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of
this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos
(P50,000.00), or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at
the discretion of the proper court.
SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.
SEC. 5. If any provision of this Act is declared void and unconstitutional the remaining provisions hereof not affected thereby
shall remain in full force and effect.
SEC. 6. All laws, decrees, orders, rules and regulations or part thereof inconsistent with this Act are hereby repealed or amended
accordingly.
SEC. 7. This Act shall take effect fifteen (15) days after its publication in two national newspapers of general circulation.
Republic Act No. 8344

August 25, 1997

AN ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL
MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR SERIOUS CASES, AMENDING FOR THE PURPOSE BATAS
PAMBANSA BILANG 702, OTHERWISE KNOWN AS "AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE
PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN CERTAIN
CASES"

Section 1. Section 1 of Batas Pambansa Bilang 702 is hereby amended to read as follows:
"SECTION 1. In emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager or any
other officer, and/or medical practitioner or employee of a hospital or medical clinic to request, solicit, demand or accept
any deposit or any other form of advance payment as a prerequisite for confinement or medical treatment of a patient in
such hospital or medical clinic or to refuse to administer medical treatment and support as dictated by good practice of
medicine to prevent death or permanent disability: Provided, That by reason of inadequacy of the medical capabilities of
the hospital or medical clinic, the attending physician may transfer the patient to a facility where the appropriate care can
be given, after the patient or his next of kin consents to said transfer and after the receiving hospital or medical clinic
agrees to the transfer: Provided, however, That when the patient is unconscious, incapable of giving consent and/or
unaccompanied, the physician can transfer the patient even without his consent: Provided, further, That such transfer shall
be done only after necessary emergency treatment and support have been administered to stabilize the patient and after it
has been established that such transfer entails less risks than the patient's continued confinement: Provided, furthermore,
That no hospital or clinic, after being informed of the medical indications for such transfer, shall refuse to receive the
patient nor demand from the patient or his next of kin any deposit or advance payment: Provided, finally, That strict
compliance with the foregoing procedure on transfer shall not be construed as a refusal made punishable by this Act."
Section 2. Section 2 of Batas Pambansa Bilang 702 is hereby deleted and in place thereof, new sections 2, 3 and 4 are added, to
read as follows:
"SEC. 2. For purposes of this Act, the following definitions shall govern:
"(a) 'Emergency' - a condition or state of a patient wherein based on the objective findings of a prudent medical officer on
duty for the day there is immediate danger and where delay in initial support and treatment may cause loss of life or cause
permanent disability to the patient.

"(b) 'Serious case' - refers to a condition of a patient characterized by gravity or danger wherein based on the objective
findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or cause
permanent disability to the patient.
"(c) 'Confinement' - a state of being admitted in a hospital or medical clinic for medical observation, diagnosis, testing,
and treatment consistent with the capability and available facilities of the hospital or clinic.
"(d) 'Hospital' - a facility devoted primarily to the diagnosis, treatment and care of individuals suffering from illness,
disease, injury or deformity, or in need of obstetrical or other medical and nursing care. It shall also be construed as any
institution, building or place where there are facilities and personnel for the continued and prolonged care of patients.
"(e) 'Emergency treatment and support' - any medical or surgical measure within the capability of the hospital or medical
clinic that is administered by qualified health care professionals to prevent the death or permanent disability of a patient.
"(f) 'Medical clinic' - a place in which patients can avail of medical consultation or treatment on an outpatient basis.
"(g) 'Permanent disability' - a condition of physical disability as defined under Article 192-C and Article 193-B and C of
Presidential Decree No 442; as amended, otherwise known as the Labor Code of the Philippines.
"(h) 'Stabilize' - the provision of necessary care until such time that the patient may be discharged or transferred to
another hospital or clinic with a reasonable probability that no physical deterioration would result from or occur during
such discharge or transfer.
"SEC. 3. After the hospital or medical clinic mentioned above shall have administered medical treatment and support, it
may cause the transfer of the patient to an appropriate hospital consistent with the needs of the patient, preferably to a
government hospital, specially in the case of poor or indigent patients.
"SEC. 4. Any official, medical practitioner or employee of the hospital or medical clinic who violates the provisions of
this Act shall, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months and one
(1) day but not more than two (2) years and four (4) months, or a fine of not less than Twenty thousand pesos
(P20,000.00), but not more than One hundred thousand pesos (P100,000.00) or both, at the discretion of the court:
Provided, however, That if such violation was committed pursuant to an established policy of the hospital or clinic or
upon instruction of its management, the director or officer of such hospital or clinic responsible for the formulation and
implementation of such policy shall, upon conviction by final judgment, suffer imprisonment of four (4) to six (6) years,
or a fine of not less than One hundred thousand pesos (P100,000.00), but not more than Five hundred thousand pesos
(P500,000.00) or both, at the discretion of the court."
Section 3. Section 3 of Batas Pambansa Bilang 702 is hereby repealed.
Section 4. Section 4 of Batas Pambansa Bilang 702 shall become Section 5 thereof and shall be amended to read as follows:
"SEC. 5. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this
Act."
Section 5. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.
Approved: August 25, 1997

REPUBLIC ACT NO. 6615

AN ACT REQUIRING GOVERNMENT AND PRIVATE HOSPITALS AND CLINICS TO
EXTEND MEDICAL ASSISTANCE IN EMERGENCY CASES
SECTION 1. All government and private hospitals or clinic duly licensed to operate as such are hereby required to render
immediate emergency medical assistance and to provide facilities and medicine within its capabilities to patients in emergency
cases who are in danger of dying and/or who may have suffered serious physical injuries.
SECTION 2. The expenses and losses of earnings incurred by a private hospital of clinic for medicines, facilities and services
beyond first aid extended to emergency cases as required herein, and not to exceed fifty thousand pesos per year, shall be
deductible expenses and losses for income tax purposes which may be carried over for a period of five years, any provision of law
or regulation to the contrary notwithstanding.
SECTION 3. Any hospital director, administrator, officer-in-charge or physician in the hospital, medical center or clinic, who
shall refuse or fail without good cause to render the appropriate assistance pursuant to the requirements of section one after said
case had been brought to his attention, or any nurse, midwife or medical attendant who shall refuse to extend the appropriate
assistance, subject to existing rules, or neglect to notify or call a physician shall be punished by imprisonment of one month and
one day to one year and one day, and a fine of three hundred pesos to one thousand pesos, without prejudice to the provisions of

Republic Act Numbered Twenty-three hundred eighty-two in the case of physicians.

In the case of Government hospitals, the imposition of the penalty upon the person or persons guilty of the violations shall be
without prejudice to the administrative action that might be proper.
In the case of private hospitals, aside from the imposition of penalty upon the person or persons guilty of the violations, the license
of the hospital to operate shall, whenever justified, be suspended or revoked.
SECTION 4. Subject to the approval of the Secretary of Health, the Bureau of Medical Services shall promulgate the necessary
rules and regulations to carry out the provisions of this Act.
SECTION 5.

Any law or laws or parts thereof inconsistent with the provisions of this Act is hereby repealed.

SECTION 6. This Act shall take effect upon its approval.

REPUBLIC ACT No. 2382

THE MEDICAL ACT OF 1959
ARTICLE I
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern (a) the standardization and regulation of medical education; (b) the examination for
registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Philippines.
Section 2. Enforcement. For the purpose of implementing the provisions of this Act, there are created the following agencies: the Board of
Medical Education under the Department of Education, and the Board of Medical Examiners under the Commissioner of Civil Service.
ARTICLE II
The Board of Medical Education Its Functions
Section 3. Composition of Board of Medical Education. The Board of Medical Education shall be composed of the Secretary of Education or his
duly authorized representative, as chairman, and the Secretary of Health or his duly authorized representative, the Director of the Bureau of
Private Schools or his duly authorized representative, the chairman of the Board of Medical Examiners or his duly authorized representative, a
representative of private practitioners, upon recommendation of an acknowledged medical association and a representative chosen by the
Philippine Association of Colleges and Universities, as members.
The officials acting as chairman and members of the Board of Medical Education shall hold office during their incumbency in their respective
positions.
Section 4. Compensation and traveling expenses. The chairman and members of the Board of Medical Education shall not be entitled to any
compensation except for traveling expenses in connection with their official duties as herein provided.
For administrative purposes, the Board shall hold office in the office of its chairman, who may designate a ranking official in the Department of
Education to serve as secretary of the Board.
Section 5. Functions. The functions of the Board of Medical Education shall be:
(a) To determine and prescribe minimum requirements for admission into a recognized college of medicine;
(b) To determine and prescribe requirements for minimum physical facilities of colleges of medicine, to wit: buildings, including
hospitals, equipment and supplies, apparatus, instruments, appliances, laboratories, bed capacity for instruction purposes, operating and
delivery rooms, facilities for out-patient services, and others, used for didactic and practical instructions in accordance with modern
trends;
(c) To determine and prescribe the minimum number and the minimum qualifications of teaching personnel, including student-teacher
ratio and curriculum;
(d) To determine and prescribe the number of students who should be allowed to take up the preparatory course taking into account the
capacity of the different recognized colleges of medicine.
(e) To select, determine and approve hospitals or some departments of the hospitals for training which comply with the minimum
specific physical facilities as provided in subparagraph (b) hereof: and
(f) To promulgate and prescribe and enforce necessary rules and regulations for the proper implementation of the foregoing functions.

Section 6. Minimum required courses. Students seeking admission to the medical course must have a bachelor of science or bachelor of arts
degree or their equivalent and must have taken in four years the following subjects with their corresponding number of units:
English
Latin
Mathematics, including Accounting and Statistics
Philosophy, including Psychology and Logic
Zoology and Botany
Physics
Chemistry
Library Science
Humanities and Social Sciences

Unit
12
3
9
12
15
8
21
1
12

Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven hundred nine; but commencing with the academic year
nineteen hundred sixty to nineteen hundred sixty-one, twenty-four units of Spanish shall be required pursuant to Republic Act Numbered
Eighteen hundred and eighty-one as cultural, social and nationalistic studies.
Provided, That the following students may be permitted to complete the aforesaid preparatory medical course in shorter periods as follows:
(a) Students whose general average is below eighty-five per cent but without any grade of failure or condition may be allowed to
pursue and finish the course in three academic years and the intervening summer sessions; and
(b) Students whose general average is eighty-five per cent or over may be permitted to finish the course in three academic years by
allowing them to take each semester the overload permitted to bright students under existing regulations of the Bureau of Private
Schools.
Provided, That upon failure to maintain the general average of eighty-five per cent, students under (b) shall automatically revert to the category
of students under (a) and those under (a), upon having any grade of failure or condition, shall automatically revert to the category of students
required to pursue the preparatory course in four years mentioned above.
The medical course shall be at least five years, including not less than eleven rotating internship in an approved hospital, and shall consist of the
following subjects:
Anatomy
Physiology
Biochemistry and Nutrition
Pharmacology
Microbiology
Parasitology
Medicine and Therapeutics
Genycology
Opthalmology, Otology, Rhinology and Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Medical Jurisprudence and Ethics.
Section 7. Admission requirements. The medical college may admit any student to its first year class who has not been convicted by any court of
competent jurisdiction of any offense involving moral turpitude, and who presents (a) a certificate showing completion of a standard high school
course, (b) a record showing completion of a standard preparatory medical course as herein provided, (c) a certificate of registration as medical
student, (d) a certificate of good moral character issued by two former professors in the pre-medicine course, and (e) birth certificate and
marriage certificate, if any. Nothing in this Act shall be construed to inhibit any college of medicine from establishing, in addition to the
preceding, other entrance requirements that may be deemed admissible.
For the purposes of this Act, the term "College of Medicine" shall mean to include faculty of medicine, institute of medicine, school of medicine
or other similar institution offering a complete medical course leading to the degree of Doctor of Medicine or its equivalent.
Every college of medicine must keep a complete record of enrollment, grades and turnover, and must publish each year a catalogue giving the
following information:
1. Date of publication
2. Calendar for the academic year
3. Faculty roll indicating whether on full time part time basis
4. Requirements of admission
5. Grading system
6. Requirements for promotion
7. Requirements for graduation
8. Medical hours per academic year by departments
9. Schedule hours per academic year by departments
10. Number of students enrolled in each class.
ARTICLE III
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION OF PHYSICIANS
Section 8. Prerequisite to the practice of medicine. No person shall engage in the practice of medicine in the Philippines unless he is at least
twenty-one years of age, has satisfactorily passed the corresponding Board Examination, and is a holder of a valid Certificate of Registration duly
issued to him by the Board of Medical Examiners.
Section 9. Candidates for board examination. Candidates for Board examinations shall have the following qualifications:
(1) He shall be a citizen of the Philippines or a citizen of any foreign country who has submitted competent and conclusive
documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the
Philippines to practice medicine under the same rules and regulations governing citizens thereof;
(2) He shall be of good moral character, showing for this purpose certificate of civil status;

(3) He shall be of sound mind;

(4) He shall not have been convicted by a court of competent jurisdiction of any offense involving moral turpitude; and
(5) He shall be a holder of the degree of Doctor of Medicine or its equivalent, conferred by a college of medicine duly recognized by
the Department of Education.
Section 10. Acts constituting practice of medicine. A person shall be considered as engaged in the practice of medicine (a) who shall, for
compensation, fee, salary or reward in any form, paid to him directly or through another, or even without the same, physical examine any person,
and diagnose, treat, operate or prescribe any remedy for any human disease, injury, deformity, physical, mental or physical condition or any
ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed or recommended; or (b) who shall, by
means of signs, cards, advertisements, written or printed matter, or through the radio, television or any other means of communication, either
offer or undertake by any means or method to diagnose, treat, operate or prescribe any remedy for any human disease, injury, deformity, physical,
mental or physical condition; or (c) who shall use the title M.D. after his name.
Section 11. Exemptions. The preceding section shall not be construed to affect (a) any medical student duly enrolled in an approved medical
college or school under training, serving without any professional fee in any government or private hospital, provided that he renders such service
under the direct supervision and control of a registered physician; (b) any legally registered dentist engaged exclusively in the practice of
dentistry; (c) any duly registered masseur or physiotherapist, provided that he applies massage or other physical means upon written order or
prescription of a duly registered physician, or provided that such application of massage or physical means shall be limited to physical or
muscular development; (d) any duly registered optometrist who mechanically fits or sells lenses, artificial eyes, limbs or other similar appliances
or who is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting eye glasses, spectacles and lenses; (e) any
person who renders any service gratuitously in cases of emergency, or in places where the services of a duly registered physician, nurse or
midwife are not available; (f) any person who administers or recommends any household remedy as per classification of existing Pharmacy
Laws; and (g) any psychologist or mental hygienist in the performance of his duties, provided such performance is done in conjunction with a
duly registered physician.
Section 12. Limited practice without any certificate of registration. Certificates of registration shall not be required of the following persons:
(a) Physicians and surgeons from other countries called in consultation only and exclusively in specific and definite cases, or those
attached to international bodies or organization assigned to perform certain definite work in the Philippines provided they shall limit
their practice to the specific work assigned to them and provided further they shall secure a previous authorization from the Board of
Medical Examiners.
(b) Commissioned medical officers of the United States armed forces stationed in the Philippines while rendering service as such only
for the members of the said armed forces and within the limit of their own respective territorial jurisdiction.
(c) Foreign physicians employed as exchange professors in special branches of medicine or surgery whose service may in the discretion
of the Board of Medical Education, be necessary.
(d) Medical students who have completed the first four years of medical course, graduates of medicine and registered nurses who may
be given limited and special authorization by the Secretary of Health to render medical services during epidemics or national
emergencies whenever the services of duly registered physicians are not available. Such authorization shall automatically cease when
the epidemic or national emergency is declared terminated by the Secretary of Health.
Section 13. The Board of Medical Examiners, its composition and duties. The Board of Medical Examiners shall be composed of six members to
be appointed by the President of the Philippines from a confidential list of not more than twelve names approved and submitted by the executive
council of the Philippine Medical Association, after due consultation with other medical associations, during the months of April and October of
each year. The chairman of the Board shall be elected from among themselves by the member at a meeting called for the purpose. The President
of the Philippines shall fill any vacancy that may occur during any examination from the list of names submitted by the Philippine Medical
Association in accordance with the provisions of this Act.
No examiner shall handle the examinations in more than four subjects or groups of subjects as hereinafter provided. The distribution of subject to
each member shall be agreed upon at a meeting called by the chairman for the purpose. The examination papers shall be under the custody of the
Commissioner of Civil Service or his duly authorized representative, and shall be distributed to each member of the Board who shall correct,
grade, and sign, and submit them to the said Commissioner within one hundred twenty days from the date of the termination of the examinations.
A final meeting of the Board for the deliberation and approval of the grades shall be called by the Commissioner of Civil Service immediately
after receipt of the records from the members of the Board of Medical Examiners. The secretary of the Board shall submit to the President of the
Philippines for approval the names of the successful candidates as having been duly qualified for licensure in alphabetical order, without stating
the ratings obtained by each.
Section 14. Qualifications of examiners. No person shall be appointed a member of the Board of Medical Examiners unless he or she (1) is a
natural-born citizen of the Philippines, (2) is a duly registered physician in the Philippines, (3) has been in the practice of medicine for at least ten
years, (4) is of good moral character and of recognized standing in the medical profession, (5) is not a member of the faculty of any medical
school and has no pecuniary interest, directly or indirectly, in any college of medicine or in any institution where any branch of medicine is
taught, at the time of his appointment: Provided, That of the six members to be appointed, not more than two shall be graduates of the same
institution and not more than three shall be government physicians.
Section 15. Tenure of office and compensation of members. The members of the Board of Medical Examiners shall hold office for one
year: Provided, That any member may be reappointed for not more than one year. Each member shall receive as compensation ten pesos for each
candidate examined for registration as physician, and five pesos for each candidate examined in the preliminary or final physician examination.
The President of the Philippines, upon the recommendation of the Commissioner of Civil Service , after due investigation, may remove any
member of the Board of Medical Examiners for neglect of duty, incompetency, or unprofessional or dishonorable conduct.
Section 16. Executive Officer and Secretary of the Board. The Secretary of the Boards of Examiners appointed in accordance with section ten of
Act Numbered Four thousand seven, as amended, shall also be the secretary of the Board of Medical Examiners, who shall keep all the records,
including examination papers, and the minutes of the deliberations of the Board. He shall also keep a register of all persons to whom certificates
of registration has been granted; set forth the name, sec, age, and place of birth of each, place of business, post office address, the name of the
medical college or university from which he graduated or in which he had studied, together with time spent in the study of the profession
elsewhere, the name of the country where the institution is located which had granted to him the degree or certificate of attendance upon clinic
and all lectures in medicine and surgery, and all other degrees granted to him from institutions of learning. He shall keep an up-to-date
registration book of all duly registered physicians in the Philippines. He shall furnish copies of all examination questions and ratings in each

subject of the respective candidates in the physicians examination, one month after the release of the list of successful examinees, to the deans of
the different colleges of medicine exclusively for the information and guidance of the faculties thereof. This report shall be considered as
restricted information. Any school which violates this rule shall be deprived of such privilege. The secretary of the Board shall likewise keep a
record of all registered medical students. He shall keep all the records and proceedings, and issue and receive all papers in connection with any
and all complaints presented to the Board.
Section 17. Rules and regulations. The Board of Medical Examiners, with the approval of the Commissioner of Civil Service, shall promulgate
such rules and regulations as may be necessary for the proper conduct of the examinations, correction of examination papers, and registration of
physicians. The Commissioner shall supervise each Board examination and enforce the said rules and regulations. These rules and regulations
shall take effect fifteen days after the date of their publication in the Official Gazette and shall not be changed within sixty days immediately
before any examination. Such rules and regulations shall be printed and distributed for the information and guidance of all concerned.
Section 18. Dates of examinations. The Board of Medical Examiners shall give examinations for the registration of physicians, one in May and
one in November every year, in the City of Manila or any of its suburbs after giving not less than ten days' notice to each candidate who had filed
his name and address with the secretary of the Board.
Section 19. Fees. The secretary of the Board, under the supervision of the Commissioner of Civil Service, shall collect from each candidate the
following fees:
For registration as medical student
P 5.00
For complete physician examination
75.00
For preliminary or final examination
40.00
For registration as physician
20.00
All fees paid as provided herein shall accrue to the funds of the Board of Medical Examiners and be expended for the payment of the
compensation of the members thereof. No fees other than those provided herein shall be paid to the Board.
Section 20. Issuance of Certificate of Registration, grounds for refusal of same. The Commissioner of Civil Service and the secretary of the
Board of Medical Examiners shall sign jointly and issue certificates of registration to those who have satisfactorily complied with the
requirements of the Board. They shall not issue a certificate of registration to any candidate who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct after he due
investigation by the Board of Medical Examiners, or has been declared to be of unsound mind.
Section 21. Scope of examination. The examination for the registration of physicians shall consist of the following subjects: (1) Anatomy and
Histology, (2) Physiology, (3) Biochemistry, (4) Microbiology and Parasitology, (5) Pharcology and Therapeutics, (6) Pathology, (7) Medicine,
(8) Obstetrics and Gynecology, (9) Pediatrics and Nutrition, (10) Surgery and Opthalmology, Otolaryngology and Rhinology, (11) Preventive
Medicine and Public Health, and (12) Legal Medicine, Ethics and Medical Jurisprudence: Provided, however, That the examination questions in
each subject or group of subject shall at least be ten in number: Provided, further, That the examination questions in Medicine shall include at
least three from the following branches: Infectious diseases, Neurology, Dermatology, Allergy, Endocrinology and Cardio-Vascular
diseases: Provided, finally, That the examination questions in Surgery shall include at least four questions from the following: Opthalmology,
Otology, Rhinology, Laryngology, Orthopedic Surgery and Anesthesiology.
The questions shall be the same for all applicants. All answers must be written either in English or Spanish. No name of the examinee shall
appear in the examination paper but the examiners shall devise a system whereby each applicant can be identified by number only.
In order that a candidate may be deemed to have passed his examination successfully he must have obtained a general average of seventy-five per
cent without a grade lower than sixty-five per cent in Medicine, Pediatrics and Nutrition, Obstetrics and Gynecology, and Preventive Medicine
and Public Health, and no grade lower than fifty per cent in the rest of the subjects.
The preliminary examinations shall comprise of the following subjects:
(1) Gross Anatomy and Histology
(2) Physiology
(3) Biochemistry
(4) Microbiology and Parasitology
Section 22. Administrative investigations. In addition to the functions provided for in the preceding sections, the Board of Medical Examiners
shall perform the following duties: (1) to administer oath to physicians who qualified in the examination; (2) to study the conditions affecting the
practice of medicine in all parts of the Philippines; (3) to exercise the powers conferred upon it by this article with the view of maintaining the
ethical and professional standards of the medical profession; (4) to subpoena or subpoena duces tecum witnesses for all purposes required in the
discharge of its duties; and (5) to promulgate, with the approval of the Commissioner of Civil Service, such rules and regulations as it may deem
necessary for the performance of its duties in harmony with the provisions of this Act and necessary for the proper practice of medicine in the
Philippines.
Administrative investigations may be conducted by not less than four members of the Board of Medical Examiners; otherwise the proceedings
shall be considered void. The existing rules of evidence shall be observed during all administrative investigations. The Board may disapprove
applications for examination or registration, reprimand erring physicians, or suspend or revoke registration certificates, if the respondents are
found guilty after due investigations.
Section 23. Procedure and rules. Within five days after the filling of written charges under oath, the respondent physician shall be furnished a
copy thereof, without requiring him or her to answer the same, and the Board shall conduct the investigation within five days after the receipt of
such copy by the respondent. The investigation shall be completed as soon as practicable.
Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any of the following shall be sufficient ground for
reprimanding a physician, or for suspending or revoking a certificate of registration as physician:
(1) Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of registration;
(5) Gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit forming drug rendering him or her incompetent to practice his or her profession, or
to any form of gambling;
(7) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice, clinic hours,

office and home address, are mentioned.

(8) Performance of or aiding in any criminal abortion;
(9) Knowingly issuing any false medical certificate;
(10) Issuing any statement or spreading any news or rumor which is derogatory to the character and reputation of another physician
without justifiable motive;
(11) Aiding or acting as a dummy of an unqualified or unregistered person to practice medicine;
(12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical Association.
Refusal of a physician to attend a patient in danger of death is not a sufficient ground for revocation or suspension of his registration certificate if
there is a risk to the physician's life.
Section 25. Rights of respondents. The respondent physician shall be entitled to be represented by counsel or be heard by himself or herself, to
have a speedy and public hearing, to confront and to cross-examine witnesses against him or her, and to all other rights guaranteed by the
Constitution and provided for in the Rules of Court.
Section 26. Appeal from judgment. The decision of the Board of Medical Examiners shall automatically become final thirty days after the date of
its promulgation unless the respondent, during the same period, has appealed to the Commissioner of Civil Service and later to the Office of the
President of the Philippines. If the final decision is not satisfactory, the respondent may ask for a review of the case, or may file in court a petition
for certiorari.
Section 27. Reinstatement. After two years, the Board may order the reinstatement of any physicians whose certificate of registration has been
revoked, if the respondent has acted in an exemplary manner in the community wherein he resides and has not committed any illegal, immoral or
dishonorable act.
ARTICLE IV
PENAL AND OTHER PROVISIONS
Section 28. Penalties. Any person found guilty of "illegal practice of medicine" shall be punished by a fine of not less than one thousand pesos
nor more than ten thousand pesos with subsidiary imprisonment in case of insolvency, or by imprisonment of not less than one year nor more
than five years, or by both such fine and imprisonment, in the discretion of the court.
Section 29. Injunctions. The Board of Medical Examiners may file an action to enjoin any person illegally practicing medicine from the
performance of any act constituting practice of medicine if the case so warrants until the necessary certificate therefore is secured. Any such
person who, after having been so enjoined, continues in the illegal practice of medicine shall be punished for contempt of court. The said
injunction shall not relieve the person practicing medicine without certificate of registration from criminal prosecution and punishment as
provided in the preceding section.
Section 30. Appropriation. To carry out the provisions of this Act, there is hereby appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of twenty thousand pesos.
Section 31. Repealing clause. All Acts, executive orders, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.
Section 32. Effectivity. This Act shall take effect upon its approval: Provided, That if it is approved during the time when examinations for
physicians are held, it shall take effect immediately after the said examinations: Provided, further, That section six of this Act shall take effect at
the beginning of the academic year nineteen hundred sixty to nineteen hundred sixty-one, and the first paragraph of section seven shall take effect
four years thereafter.
Approved: June 20, 1959