Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City
TWELFTH CONGRESS
First Regular Session
House Bill No. 4955
Into!u"e! #$
%ARVIEN A. VILLANCIO
E&PLANATOR' NOTE
This legislative measure seeks to strengthen the right of a patient to quality
medical care !n providing penalties for gross negligence" it is hoped that all
fields of the medical profession #ill be screened from incompetent
individuals The safety and #elfare of the patient is of paramount
importance to the nation" it is henceforth" proper that only the most
competent individuals be permitted to practice medicine

The passage of this bill into la# #ill" in the end" provide greater prestige to
the medical profession $t the same time" it #ould prevent the occurrence of
in%uries and needless deaths caused by gross ignorance and negligence &ay
the medical profession and the citizenry unite in building a progressive
health care system that #ill be both accessible and uncompromisingly
professional

For this and other reasons" the passage of this house bill is earnestly sought


%ARVIEN A. VILLANCIO



AN ACT
PUNISHING THE %ALPRACTICE OF AN' %E(ICAL
PRACTITIONER
IN THE PHILIPPINES AN( FOR OTHER PURPOSES


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


Congress assembled:
SECTION ). Short Title. - This $ct shall be kno#n as the '&edical
&alpractice $ct of ())*'


SECTION *. eclaration of Policy. - !t is the policy of the State to ensure
the safety of and #ell being of patients by providing them #ith professional
medical care


SECTION +. efinition of Terms. - +nless the conte,t other#ise requires"
the follo#ing terms shall have the follo#ing meanings-

./0 '&edical Practitioner' shall refer to any physician" dentist" nurse"
pharmacist or paramedical or other supporting personnel .including medical
and dental technicians" nursing assistants" and therapists01

.(0 '!llegal Surgery' shall refer to surgeries performed to remove healthy
human organ2s #ithout the consent of the patient" #ith intent to gain on the
part of the person or persons responsible for such surgery

.30 '&alpractice' shall refer to any personal in%ury" including death" caused
by the negligent or #rongful act or omission of any medical practitioner1

.40 'Physicians' shall refer to 5octors of &edicine" duly certified by the
Professional Regulatory Commission #ho are in active practice of medicine1

.60 '5entists' shall refer to 5octors of 5ental &edicine" duly certified by the
Professional Regulatory Commission #ho are in active practice of dental
medicine1

.*0 'Patients' shall refer to people requiring medical attention from any
medical practitioner


SECTION 4. The !nti-"alpractice !ct. - $ny medical practitioner #ho
performs any act constituting medical malpractice or the illegal practice of
surgery shall be punishable by imprisonment or fine or both and" in all
instances" the cancellation of the license to practice medicine


SECTION 5. The Complainant. - The crime of malpractice shall be
prosecuted upon the filing of a complaint by any of the follo#ing
individuals-

./0 the patient1

.(0 parents or legal guardians of the patient1

.30 grandparents or collateral relatives1

.40 an officer or social #orker of the 5epartment of Social 7elfare and
5evelopment or of a duly licensed child caring institution" orphanage" home
for the aged" mental hospital" or other similar institutions under #hose care
or custody the patient is committed1

.60 a concerned" responsible hospital employee #here the crime #as
committed but only if any of the persons mentioned in the four preceding
paragraphs have e,pressly given their consent to the filing thereof


SECTION ,. #ffect of Pardon. - The e,press or implied pardon of the
patient" his2her parents" grandparents or guardian shall not be a legal
impediment to the prosecution of the crime nor #ill it e,tinguish the
criminal action still pending" nor #ill it constitute a ground for remitting the
penalty already imposed


SECTION -. Penalties. - &edical malpractice and2or the practice of illegal
surgery shall be punished by prisin mayor and the cancellation of the
license to practice the medical profession and a fine ranging from Five
8undred Thousand Pesos .P6))")))))0 to 9ne &illion Pesos
.P/")))")))))0 in the discretion of the court taking into consideration all
attending circumstances $ny other crime committed by reason or on
occasion of malpractice shall be considered as a separate offense and the
rules on comple, crimes shall not apply !n no case shall malpractice be
considered as a mere aggravating circumstance #hen it is committed by
reason or on occasion of the commission of another crime


SECTION .. !ggravating Circumstances. - The follo#ing circumstances
shall aggravate the crime of malpractice-

./0 permitting motives of profit to influence the free and independent
e,ercise of professional %udgment on behalf of patients1

.(0 conscious infliction of harm to an unkno#ing patient #ith the malicious
intent of profiting from such act


SECTION 9. amages. - !n addition to the damages that may be a#arded
by the court under e,isting la#s" the follo#ing circumstances shall #arrant
the a#ard of additional damages-

./0 #hen the patient becomes insane or suffers any psychological damage by
reason of malpractice1

.(0 death of patient by reason or occasion of malpractice1

.30 physical disfigurement or permanent disability of the patient by reason of
malpractice


SECTION )/. Repealing Clause. - $ll :a#s" Presidential 5ecrees"
;,ecutive orders" Proclamations" and2or $dministrative Regulations" #hich
are inconsistent #ith the provisions of this $ct" are hereby amended"
modified" superseded or repealed accordingly


SECTION )). #ffectivity. - This $ct shall take effect fifteen ./60 days after
its publication in the 9fficial <azette or in at least t#o .(0 ne#spapers of
general circulation