Republic Act (R.A.

) 9439 or the Anti-Hospital Detention Act makes it unlawful for any hospital or medical
clinic to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially
recovered or have been adequately attended to or who may have died, for reasons of non-payment in part or in
full of hospital bills or medical expenses. This law applies to both government and private hospitals. Only
patients who stayed in private rooms shall not be covered by this law. Section 2 of R.A. 9439 provides:

“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.”

Any hospital or medical clinic detaining or indirectly or directly causing the detention of a patient by reason of
non-payment may be penalized in accordance with the provisions of the Anti-Hospital Detention Act. For
purposes of this law, detention occurs when all the following are present:
1) the patient who is partially or fully recovered has expressed his/ her intention to leave the hospital or medical
clinic, or the attending physician has issued a discharge order;
2) the patient is not confined in a private room and is financially incapable to settle in part or in full the
corresponding hospital bills or medical expenses/ hospitalization expenses;
3) the patient has executed a promissory note covering the unpaid hospital bills or medical
expenses/hospitalization expenses; and
4) the officer or employee of the hospital or medical clinic responsible for releasing the patient has restrained
him from leaving the hospital premises (Rule V, Implementing Rules and Regulations of R.A. No 9439).

The hospital cannot prevent her from leaving, as this will give rise to illegal detention. In such a case, a Petition
for Habeas Corpus may be filed in court to compel the hospital to produce the person of your mother-in-law in
court and justify her continued stay in their premises. Otherwise, the court will order the discharge or release of
your mother-in-law. Section 1, Rule 102 of the Rules of Court of the Philippines provides:

“Sec. 1. To what habeas corpus extends.—Except as otherwise expressly provided by law, the writ of habeas
corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his
liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.”

A criminal complaint for illegal detention against the hospital personnel/officials for your mother-in law’s
continued detention in the hospital may likewise be filed.