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State Regulation of Hospital Operation

A. R.A 4226: “Hospital Licensure Act”

Hospital – 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.

Clinic – a place in which patients avail of medical consultations or treatments on an out-patient bases.

Q. When may a clinic be considered a hospital?

Any clinic or dispensary where there is at least (6) beds or cribs or bassinets installed for (24)
hours use by patients shall be construed to fall within the definition of a hospital.

Licensure – mandatory governmental process whereby a hospital is granted a license to operate

Accreditation/Certification – voluntary procedure for hospitals to receive the minimum requirements


or quality

Bureau of Medical Services – licensing agency

Sec. 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.

Sec. 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.

B. E.O 292

Sec. 3. Powers and Functions. –The Department of Health shall:

(8) Regulate the operation of and issue licenses and permits to government and private hospitals,
clinics and dispensaries, laboratories, blood banks, drugstores and such other establishments which by
the nature of their functions are required to be regulated by the Department.

Note: DOH regulates operation of hospitals whether government or private

Sec. 14. Office for Hospital and Facilities Services. – The Office for Hospital and Facilities Services,
headed by an Undersecretary who shall be supported by an Assistant Secretary, shall include (4) staff
services involved in policy formulation, standards development, program monitoring and provision of
specialized assistance in the operations of hospitals and the management of facilities which are as
follows:

1.) Hospital Operations and Management Service


2.) Radiation Health Service

3.) Hospital Maintenance Service

4.) Health Infrastructure Service

Sec. 15. Office for Standards and Regulation. – The Office for Standards and Regulations, headed by an
Undersecretary and supported by an Assistant Secretary, shall include (3) bureaus and (1) national office
that shall be responsible for the formulation of regulatory policies and standards over the various areas of
concern in the health sector, whose implementation shall be the general responsibility of the
Department’s regional field offices. The same bureaus and national office are the following:

1.) Bureau of Research and Laboratories

2.) Bureau of Food and Drugs

3.) Bureau of Licensing and Regulation

4.) National Quarantine Office

C. R.A 9439: An Act Prohibiting the Detention of Patients in Hospitals and Clinics

Sec. 1. It shall be unlawful for any hospital or medical clinic in the country to detain or 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 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 be 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
the 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.

Q. When can a hospital detain a patient against his will?

1. If release is prejudicial to the public (eg. if you have Ebola virus)

2. If patient is mentally ill and his release will be detrimental to public safety and security or he
will be a danger to himself

3. If patient is criminally insane

Notes: The form of restraint must be TOTAL to be considered illegal detention.

The hospital has an enforceable claim for the fulfilment of the payment for its services regardless
of the patient’s financial status.
Q. When can a patient avail of RA 9349?

(2) conditions:

1.) promissory note secured by either a mortgage or guarantee;

2.) patient is not staying in private room

D. R.A 8344: Prohibiting Demand of Deposits

Sec. 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.

Note: Asking for a deposit is only prohibited if you make it as a condition before you admit or treat a
patient and in emergency/serious cases.

E. R.A 6615: Refusal to Extend Medical Assistance

Sec. 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.

Sec. 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 (1) month and (1) day to (1)
year and (1) day, and a fine of P300 to P1,000, without prejudice to the provisions of Republic Act
Number Twenty-three hundred eighty-two in the case of physicians.

Notes: This is not a law for medical malpractice. It is only malum prohibitum.

What is prohibited is the act of “refusing”.

Manila Doctors Hospital vs. Chua and Ty

Indeed the operation of private pay hospitals and medical clinics is impressed with public
interest and imbued with a heavy social responsibility. But the hospital is also a business, and as a
business, it has a right to institute all measures of efficiency commensurate to the ends for which it is
designed, especially to ensure its economic viability and survival. In the institution of cost-cutting
measures, the hospital has a right to reduce the facilities and services that are deemed to be non-
essential, such that their reduction or removal would not be detrimental to the medical condition of the
patient.

HMSI-MCM vs. HMSI-MCM, EA-AFW


Neglect of duty, to be a ground for dismissal, must be both gross and habitual. Gross negligence
connotes want of care in the performance of one’s duties. Habitual negligence implies repeated failure to
perform one’s duties for a period of time, depending upon the circumstances. A single or isolated act of
negligence does not constitute a just cause for the dismissal of the employee.

State Regulation of Practice of Medicine

A. RA 2382: Medical Act of 1959

Sec. 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.

Sec. 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

b.) Commissioned medical officers of the United States armed forces stationed in the Philippines

c.) Foreign physicians employed as exchange professors in special branches of medicine or


surgery

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.

Sec. 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 a physician:

(5) Gross negligence, ignorance or incompetence in the practice of his or her profession resulting
in an injury to or death of the patient;

Q. An albularyo causes injury. What can you charge him?

You can charge him of Illegal practice of medicine. If you are seeking damages, charge him under
Article 365 of the Revised Penal Code.
Q. The governor declared an emergency. Can you allow a 4th year medical student to practice
medicine?

Yes, as authorized by the Secretary of Health. The scope of the emergency must be “national”.

Q. In the case of balik-bayan doctors, will they be allowed to practice medicine?

Yes. Provided that all those who will conduct medical missions must first register with the PRC.

B. RA 8981: PRC Modernization Act of 2000

Sec. 7. Powers, Functions and Responsibilities of the Commission. – The powers, functions and
responsibilities of the Commission are as follows:

(e) To admit the successful examinees to practice of the profession or occupation; cause the entry
of their names on its registry book and computerized database issue certificates of
registration/professional license, bearing the registrant’s name, picture and registration number, signed
by all the members of the Board concerned and the Chairperson, with the official seal of the Board and the
Commission affixed theret which certificate shall be the authority to practice; and at the option of the
professional concerned, ministerially issue the professional identification card, to be used solely for the
purpose of identification, upon payment of the appropriate amount.

Q. PRC license expired. Will you be charged illegal practice of medicine?

No. Mere expiration of license will not convert you to a non-professional even if you fail to pay.
Once a certificate of registration or license has been issued, this cannot be withdrawn, revoked, cancelled
or suspended without just cause provided by law. There must be due process in which there must be
notice to the professional and publication. Hence, expiration of PRC license will not render you as an
illegal practitioner.

C. PD 541: Allowing Former Filipino Nationals to Practice in the Philippines

Sec. 1. The provisions of all existing laws, rules and regulations, decrees, orders, and instructions to the
contrary notwithstanding, professionals who were formerly citizens of the Philippines and who have
previously passed licensure examinations in the Philippines for the practice of their profession, may,
while in this country on a visit, sojourn or permanent residence, practice their profession: Provided, That
they are professional practitioners of good standing prior to their departure from the Philippines and in
their adopted country: Provided further, That prior to the practice of their profession they shall have first
registered with the Professional license fee; and Provided finally, That they shall pay the corresponding
income tax due on all incomes realized by them in the practice of their respective professions in the
Philippines.

Note: A former Filipino citizen may practice their profession in the Philippines if:

1.) they are licenses practitioners and they left with good standing;

2.) they must have a certification (license in good standing);

3.) they must be registered;

4.) they must have paid all the income tax due.

PRC vs. De Guzman

The Board is vested with the power to conduct administrative investigations and “disapprove
applications for examination or registration,” pursuant to the objectives of Rep. Act No. 2382.
Until the moral and mental fitness of the respondents could be ascertained, according to the
petitioners, the Board has discretion to hold in abeyance the administration of the Hippocratic Oath and
the issuance of the certificates to them. The writ of mandamus does not lie to compel performance of an
act which is not duly authorized.

Board of Medicine vs. Ota

Indeed, the phrase used in both RA No. 2382 and PD 223 is that: “The applicant shall submit
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 the profession of
medicine under the same rules and regulations governing citizens thereof.”

It is enough that the laws in the foreign country permit a Filipino to get license and practice
therein. Requiring respondent to prove first that a Filipino has already been granted license and is
actually practicing therein unduly expands the requirements provided for under R.A No. 2382 and PD No.
223.

Respondent, however, presented proof that foreigners are actually practicing in Japan and that
Filipinos are not precluded from getting a license to practice there. Granting that there is still no Filipino
who has been given license to practice medicine in Japan, it does not mean that no Filipino will ever be
able to be given one.

Special Laws Applicable to Physicians I

Art. 174, RPC. False medical certificates, false certificates of merits or service, etc.—The penalties of
arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to
exceed 1,000 pesos shall be imposed upon:

1. any physician or surgeon, who, in connection, with the practice of his profession, shall issue a
false certificate; and

2. any public officer who shall issue a false certificate of merit or service, good conduct or similar
circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a
certificate falling within the classes mentioned in the two preceding subdivisions.

Q. Do we need a physician-client relationship?

No. As long as it was issued in the practice of his profession.

Q. When is a medical certificate admissible as evidence?

It must be notarized and verified.

Art. 259, RPC. Abortion practiced by a physician or midwife and dispensing of abortive.—The
penalties provided in Article 256 shall be imposed in their maximum period, respectively, upon any
physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion
or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Q. Can you charge the mother the crime of abortion?


Yes. The mother can be charged of abortion.

Art. 347, RPC. Simulation of births, substitution of one child for another, and concealment or
abandonment of a legitimate child.—The simulation of births and the substitution of one child for
another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any
legitimate child with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession or
office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding
paragraphs shall suffer the penalties therein prescribed and also the penalty of temporary special
disqualification.

Art. 365, RPC. Imprudence and Negligence.—Any person who, by reckless imprudence, shall commit
any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto
mayor in its maximum period to prision correccional in its medium period; if it would have constituted a
less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it
would have constituted a light felony, the penalty of arresto menor in its maximum period shall be
imposed.

Any person who, by simple imprudence or negligence, shall commit an act which would,
otherwise, constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the
property of another, the offender shall be punished by a fine ranging from an amount equal to the value of
said damages to three times such value, but which shall in no case be less than twenty-five pesos.

A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by
simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have
constituted a light felony.

In the imposition of these penalties, the courts shall exercise their sound discretion, without
regard to the rules prescribed in Article 64.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those provided in the first
two paragraphs of this article, in which case the courts shall impose the penalty next lower in degree than
that which should be imposed, in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a
person shall be caused, in which case the defendant shall be punished by prision correccional in its
medium and the maximum periods.

Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from
which material damage results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding persons, time and place.

Simple imprudence consists in lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.
The penalty next higher in degree to those provided for in this article shall be imposed upon the
offender who fails to lend on the spot to the injured parties such help as may be in his hands to give.

Art. 353, RPC. Definition of libel.—A libel is a public and malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is
dead.

Art. 358, RPC. Slander.—Oral defamation shall be punished by arresto mayor in its maximum period to
prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed
upon any person who shall perform any act not included and punished in this title, which shall cast
dishonor, discredit, or contempt upon another person. If said act is not of a serious nature, the penalty
shall be arresto menor or a fine not exceeding 200 pesos.

R.A 9165: Dangerous Drug Act

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty
of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose physical or physiological condition does not require
the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations of practitioners,
particularly those who are involved in the care of persons with severe pain.

Note: You are prescribing a drug which the patient does not need or the patient needs it but not in the
prescribed dosage.

Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a prescription for any dangerous drug.

RA 5921: Pharmacy Law

Section 26. Markings and inhibition to the sale of drug samples. No sample of any drug, biological
product, device or proprietary medicine, given or intended to be given for free to the physician and other
qualified person by any manufacturer or distributor of its representative or detailman as part of its
program or promotion, may be sold.

The statement "Sample, not for sale" shall appear conspicuously on the container, package or carton of
the drug or device to be given.

Note: No sample of any drug may be sold.

PD 169: Reporting of Physical Injuries

1. The attending physician of any hospital, medical clinic, sanitarium or other medical establishments, or
any medical practitioner, who has treated any person for serious or less serious physical injuries as those
injuries are defined in Articles 262, 263, 264 and 265 of the Revised Penal Code shall report the fact of
such treatment personally or by fastest means of communication to the nearest Philippine Constabulary
unit without delay: Provided, That no fee shall be charged for the transmission of such report through
government communication facilities;
2. The report called for in this Decree shall indicate when practicable, the name, age; address and nearest
of kin of the patient; the nature and probable cause of the injury; the approximate time and date when,
and the place where, the injury was sustained; the time, date, and nature of treatment; and the physical
diagnosis and/or disposition of the patient;

Note: “Philippine Constabulary” amended by E.O 212 to: “Government Health Authority”

PD 603: Child and Youth Welfare Act

Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well
as private physicians providing treatment shall, within forty-eight hours from knowledge of the case,
report in writing to the city or provincial fiscal or to the Local Council for the Protection of Children or to
the nearest unit of the Department of Social Welfare, any case of a maltreated or abused child, or
exploitation of an employed child contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of the Department of Social Welfare to whom such a
report is made to forward the same to the provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such
report to a fine of not more than two thousand pesos.

In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in connection with any court or official proceeding
based on such report. Any person disclosing confidential information in violation of this provision shall be
punished by a fine of not less than one hundred pesos nor more than five thousand pesos, or by
imprisonment for not less than thirty days nor more than one year, or both such fine and imprisonment,
at the discretion of the court.

Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations,
physicians, nurses, hospitals, clinics and other entities which shall in good faith report cases of child
abuse, neglect, maltreatment or abandonment or exposure to moral danger be free from any civil or
criminal liability arising therefrom.

Special Laws Applicable to Physicians II

RA 6675: Generics Act of 1998

Section 6. Who Shall Use Generic Terminology - (a) All government health agencies and their
personnel as well as other government agencies shall use generic terminology or generic names in all
transactions related to purchasing, prescribing, dispensing and administering of drugs and medicines.

(b) All medical, dental and veterinary practitioners, including private practitioners, shall write
prescriptions using the generic name. The brand name may be included if so desired.

Section 12. Penalty – A) Any person who shall violate Section 6(a) or 6(b) of this Act shall suffer the
penalty graduated hereunder, viz:

(a) for the first conviction, he shall suffer the penalty of reprimand which shall be officially recorded in
the appropriate books of the Professional Regulation Commission.

(b) for the second conviction, the penalty of fine in the amount of not less than two thousand pesos
(P2,000.00) but not exceeding five thousand pesos (5,000.00) at the discretion of the court.
(c) for the third conviction, the penalty of fine in the amount of not less than five thousand pesos
(P5,000.00) but not exceeding then thousand pesos (P10,000.00) and suspension of his license to practice
his profession for thirty (30) days at the discretion of the court.

(d) for the fourth and subsequent convictions, the penalty of fine of not less than ten thousand pesos
(P10,000.00) and suspension of his license to practice his profession for one year or longer at the
discretion of the court.

R.A 8504: AIDS Prevention and Control Act

Sec. 15. Consent as a requisite for HIV testing. – No compulsory HIV testing shall be allowed. However,
the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided,
That written informed consent must first be obtained. Such consent shall be obtained from the person
concerned if he/she is of legal age or from the parents or legal guardian in the case of a minor or a
mentally incapacitated individual. Lawful consent to HIV testing of a donated human body, organ, tissue,
or blood shall be considered as having been given when:

(a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion,
transplantation, or research;

(b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known as the
"Organ Donation Act of 1991";

(c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

Section 16. Prohibitions on compulsory HIV testing. – Compulsory HIV testing as a precondition to
employment, admission to educational institutions, the exercise of freedom of abode, entry or continued
stay in the country, or the right to travel, the provision of medical service or any other kind of service, or
the continued enjoyment of said undertakings shall be deemed unlawful.

Section 17. Exception to the prohibition on compulsory testing. – Compulsory HIV testing may be
allowed only in the following instances:

a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended
by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the "Revised Penal
Code" or under Republic Act No. 7659;

b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive
Order No. 309, otherwise known as the "Family Code of the Philippines"; and

c) When complying with the provisions of Republic Act No. 7170, otherwise known as the "Organ
Donation Act" and Republic Act No. 7719, otherwise known as the "National Blood Services Act".

Section 18. Anonymous HIV testing. – The State shall provide a mechanism for anonymous HIV testing
and shall guarantee anonymity and medical confidentiality in the conduct of such tests.

Section 26. Insurance for persons with HIV. – The Secretary of Health, in cooperation with the
Commissioner of the Insurance Commission and other public and private insurance agencies, shall
conduct a study on the feasibility and viability of setting up a package of insurance benefits and, should
such study warrant it, implement an insurance coverage program for persons with HIV. The study shall be
guided by the principle that access to health insurance is part of an individual's right to health and is the
responsibility of the State and of society as a whole.

Section 40. Discrimination in hospitals and health institutions. – No person shall be denied health
care service or be charged with a higher fee on account of actual, perceived or suspected HIV status.
Notes: Compulsory HIV testing shall be unlawful. No person can be tested without his consent.

All donated organ, tissue or blood shall undergo HIV testing.

HIV testing may be demanded as matter of right. Likewise, a second testing may be demanded as
a matter of right.

You can be tested without having to reveal your name or identity.

Commonwealth Act No. 3753: Law on Registry of Civil Status

Section 5. Registration and Certification of Birth. – The declaration of the physician or midwife in
attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall
be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from the
documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the
birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child.

Section 6. Death certificate and register. – No human body shall be buried unless the proper death
certificate has been presented and recorded in the office of the local civil registrar. The physician who
attended the deceased or, in his default the health officer concerned, or in default of the latter, any
member of the family of the deceased or any person having knowledge of the death, shall report the same
to the local health authorities, who shall issue a death certificate and shall order the same to be recorded
in the office of the local civil registrar.

During epidemics, bodies may be buried provided the proper death certificates have been secured, which
shall be registered not later than five days after the burial of the body.

Act 3573: Law on Reporting of Communicable Disease

Mandatory reporting of communicable disease

This is a lawful exercise of police power. There is no violation of a person’s right to privacy.

RA 9257: Expanded Senior Citizens Act of 2003

"SEC. 4. Privileges for the Senior Citizens. – The senior citizens shall be entitled to the following:

(a) the grant of twenty percent (20%) discount from all establishments relative to the utilization of
services in hotels and similar lodging establishment, restaurants and recreation centers, and purchase of
medicines in all establishments for the exclusive use or enjoyment of senior citizens, including funeral
and burial services for the death of senior citizens;

(e) free medical and dental service, diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to
be issued by the Department of Health in coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);

(f) the grant of twenty percent (20%) discount on medical and dental services, and diagnostic and
laboratory fees provided under Section 4 (e) hereof, including professional fees of attending doctors in all
private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the
Department of Health, in coordination with the Philippine Health Insurance Corporation;

Note: Only medically necessary treatment shall be given discount


RA 349: AN ACT TO LEGALIZE PERMISSIONS TO USE HUMAN ORGANS OR ANY PORTION OR
PORTIONS OF THE HUMAN BODY FOR MEDICAL, SURGICAL, OR SCIENTIFIC PURPOSES, UNDER
CERTAIN CONDITIONS

Section 1. A person may validly grant to a licensed physician, surgeon, known scientist, or any medical
or scientific institution, authority to detach at any time after the grantor's death any organ, part or parts
of his body and to utilize the same for medical, surgical or scientific purposes.

Similar authority may also be granted for the utilization for medical, surgical, or scientific purposes, of
any organ, part or parts of the body which, for a legitimate reason, would be detached from the body of
the grantor.

Sec. 2. The authorization referred in section one of this Act must; be in writing; specify the person or
institution granted the authorization, the organ, part or parts to be detached, the use or uses of the organ,
part or parts are to be employed; and signed by the grantor and two disinterested witnesses.

If the grantor is a minor or an incompetent person, the authorization may be executed by his guardian
with the approval of court; in default thereof, by the legitimate father or mother, in order, named. Married
women may grant the authority referred to in section one of this Act, without the consent of the husband.

A copy of every such authorization must be furnished the Secretary of Health.

PD 856: Code on Sanitation

Section 96. Donation of Human Organs for Medical, Surgical and Scientific purposes Any person
may donate an organ or any part of his body to a person, a physician, a scientist, a hospital or a scientific
institution upon his death for transplant, medical, or research purposes subject to the following
requirements:

(a) The donation shall be authorized in writing by the donor specifying the recipient, the organ or part of
his body to be donated and the specific purpose for which it will be utilized.

(b) A married person may make such donation without the consent of his spouse

(c) After the death of a person the next of kin may authorize the donation of an organ or any part of the
body of the deceased for similar purposes in accordance with the prescribed procedure.

(d) If the deceased has no next of kin and his remains are in the custody of an accredited hospital, the
Director of the hospital may donate an organ or any part of the body of the deceased in accordance with
the requirement prescribed in this Section.

(e) A simple written authorization signed by the donor in the presence of two witnesses shall be deemed
sufficient for the donation of organs or parts of the human body required in this Section, notwithstanding
the provisions of the Civil Code of the Philippines on matters of donation. A copy of the written
authorization shall be forwarded to the Secretary.

(f) Any authorization granted in accordance with the requirements of this Section is binding to the
executors, administrators, and members of the family of the deceased.

Section 97. Use of Remains for Medical Studies and Scientific Research Unclaimed remains may be
used by medical schools and scientific institutions for studies and research subject to the rules and
regulations prescribed by the Department.

Alano vs. Magud-Lugmao


Thus, there can be no cavil that petitioner employed reasonable means to disseminate
notifications intended to reach the relatives of the deceased. The only question that remains pertains to
the sufficiency of time allowed for notices to reach the relatives of the deceased.

Ultimately, it is respondent's failure to adduce adequate evidence that doomed this case. As
stated in Otero v. Tan,"[i]n civil cases, it is a basic rule that the party making allegations has the burden of
proving them by a preponderance of evidence. The parties must rely on the strength of their own
evidence and not upon the weakness of the defense offered by their opponent." Here, there is to proof
that, indeed, the period of around 24 hours from the time notices were disseminated, cannot be
considered as reasonable under the circumstances. They failed to present any expert witness to prove
that given the medical technology and knowledge at that time in the 1980's, the doctors could or should
have waited longer before harvesting the internal organs for transplantation.

P.D 651:Requiring the Registration of Births and Deaths in the Philippines

Section 1. Registration of births. All babies born in hospitals, maternity clinics, private homes, or
elsewhere within the period starting from January 1, 1974 up to the date when this decree becomes
effective, irrespective of the nationality, race, culture, religion or belief of their parents, whether the
mother is a permanent resident or transient in the Philippines, and whose births have not yet been
registered must be reported for registration in the office of the local civil registrar of the place of birth by
the physician, nurse, midwife, hilot, or hospital or clinic administrator who attended the birth or in
default thereof, by either parent or a responsible member of the family or a relative, or any person who
has knowledge of the birth of the individual child.

The report referred to above shall be accompanied with an affidavit describing the circumstances
surrounding the delayed registration.

Section 2. Period of registration of births. The registration of the birth of babies referred to in the
preceding section must be done within sixty (60) days from the date of effectivity of this decree without
or fee or any kind. Babies born after the effectivity of this decree must be registered in the office of the
local civil registrar of the place of birth within thirty (30) days after birth, by the attending physician,
nurse, midwife, hilot or hospitals or clinic administrator or, in default of the same, by either parent or a
responsible member of the family or any person who has knowledge of the birth.

The parents or the responsible member of the family and the attendant at birth or the hospital or clinic
administrator referred to above shall be jointly liable in case they fail to register the new born child. If
there was no attendant at birth, or if the child was not born in a hospital or maternity clinic, then the
parents or the responsible member of the family alone shall be primarily liable in case of failure to
register the new born child.

Section 4. Registration of deaths. All persons, irrespective of nationality, race, culture, religion and
belief, whether a permanent resident or a transient in the Philippines, who died in hospitals, clinic,
private homes, or elsewhere, within the period from January 1, 1974 to the date of effectivity of this
decree, whose deaths have not yet been registered, must be reported for registration through the local
health officer to the local civil registrar of the place of death, by the physician who attended the deceased
or in default thereof, by the nearest responsible relative or by any person who has knowledge of such
death.

The report referred to above shall be accompanied by an affidavit describing the circumstances
surrounding the delayed registration.

Section 5. Period of reporting and registration of deaths. The registration of deaths referred to in the
preceding section must be done within sixty (60) days from the date of effectivity of this decree without
fine or fee of any kind. Deaths occurring after the effectivity of this decree must be reported by the
nearest responsible relative or any person who has knowledge of the death within 48 hours after death to
the local health officer of the place of death, who shall then issue the corresponding certificate of death
and order its registration in the office of the local civil registrar within thirty (30) days after death. In case
the deceased was attended to by a physician, the latter must issue the necessary certificate of death
within 48 hours after death and submit the same to the local health officer of the place of death, who shall
order its registration in the office of the local civil registrar within the said period of thirty (30) days after
death.

Baldos vs. Court of Appeals

Since Reynaldo was born on 30 October 1948, the late registration of his birth is outside of the coverage
of P.D. No. 651, as amended. The late registration of Reynaldos birth falls under Act No. 3753, otherwise
known as the Civil Registry Law, which took effect on 27 February 1931. As a general law, Act No. 3753
applies to the registration of all births, not otherwise covered by P.D. No. 651, as amended, occurring from
27 February 1931 onwards. Considering that the late registration of Reynaldos birth took place in 1985,
National Census Statistics Office (NCSO) Administrative Order No. 1, Series of 1983[13] governs the
implementation of Act No. 3753 in this case.

Under NCSO A.O. No. 1-83, the birth of a child shall be registered in the office of the local civil registrar
within 30 days from the time of birth. Any report of birth made beyond the reglementary period is
considered delayed. The local civil registrar, upon receiving an application for delayed registration of
birth, is required to publicly post for at least ten days a notice of the pending application for delayed
registration. If after ten days no one opposes the registration and the local civil registrar is convinced
beyond doubt that the birth should be registered, he should register the same.

Reynaldos certificate of live birth, as a duly registered public document, is presumed to have gone
through the process prescribed by law for late registration of birth. It was only on 8 March 1995, after the
lapse of ten long years from the approval on 11 February 1985 of the application for delayed registration
of Reynaldos birth, that Nieves registered her opposition. She should have done so within the ten-day
period prescribed by law. Records show that no less than Nieves herself informed the local civil registrar
of the birth of Reynaldo. At the time of her application for delayed registration of birth, Nieves claimed
that Reynaldo was her son. Between the facts stated in a duly registered public document and the flip-
flopping statements of Nieves, we are more inclined to stand by the former.

Applications for delayed registration of birth go through a rigorous process. The books making up the
civil register are considered public documents and are prima facie evidence of the truth of the facts stated
there. As a public document, a registered certificate of live birth enjoys the presumption of validity. It is
not for Reynaldo to prove the facts stated in his certificate of live birth, but for petitioners who are
assailing the certificate to prove its alleged falsity. Petitioners miserably failed to do so. Thus, the trial
court and the Court of Appeals correctly denied for lack of merit the petition to cancel the late registration
of Reynaldos birth.

Silverio vs. Republic

This Civil Code provision was amended by RA 9048 (Clerical Error Law). In particular, Section 1 of RA
9048 provides:

SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. –
No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname which can be corrected or changed by the
concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act
and its implementing rules and regulations.

RA 9048 likewise provides the grounds for which change of first name may be allowed:
SECTION 4. Grounds for Change of First Name or Nickname. – The petition for change of first name or
nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he
has been publicly known by that first name or nickname in the community; or

(3) The change will avoid confusion.

Petitioner’s basis in praying for the change of his first name was his sex reassignment. He intended to
make his first name compatible with the sex he thought he transformed himself into through surgery.
However, a change of name does not alter one’s legal capacity or civil status. RA 9048 does not sanction a
change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing
petitioner’s first name for his declared purpose may only create grave complications in the civil registry
and the public interest.

But there is no such special law in the Philippines governing sex reassignment and its effects. This is fatal
to petitioner’s cause.

For these reasons, while petitioner may have succeeded in altering his body and appearance through the
intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for
that reason. Thus, there is no legal basis for his petition for the correction or change of the entries in his
birth certificate.