Republic of the Philippines

PUBLIC ATTORNEY’S OFFICE

Tanggapan ng Manananggol Pambayan
2/F Dr. Salvador H. Laurel Memorial Building (Old Legislative Bldg.)
Lauan St., Brgy. Pob. 3, Tanauan City, Batangas
Tel No. (043)778-6406

16 September 2021

President/Chairman and
Members of the Board of Directors,
Hospital Administrator, and
Medical Director
Gonzales Medical and Children's Hospital
50 Sixto Castillo Street, Tanauan, Batangas

Dear Sirs/Mesdames:

We are writing on behalf of Mr. Eric Mendoza, residing at Talaga, Tanauan City,
Batangas, relative to the alleged refusal of your hospital to admit or render emergency
care to his wife Adelaida Mendoza, who sadly expired while desperately searching for
a hospital which would provide them medical assistance.

As related by Mr. Mendoza, he rushed his wife to the Emergency unit of your
hospital on 13 September 2021 but was refused care. Please be mindful that the act of
not administering immediate medical treatment is a clear violation of the Philippine Anti-
Hospital Deposit Law (Republic Act 10932), which states that:

"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 administering basic emergency care to any
patient, 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, …”

Sadly, it appears that your institution did not administer basic emergency care
when Mrs. Mendoza urgently needed medical care and attention. We do recognize the
toll this pandemic has on our hospital institutions, however, it is illegal for hospitals or
medical clinics to unduly refuse to provide medical treatment to patients who need
urgent care.

If indeed your hospital does not have enough beds, patients may be transferred
to other health care facilities able to provide treatment provided 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.” (Section 1, RA
10932)

A presumption of liability arises against the hospital and the officials, medics, or
employees involved when the patient suffered death and those who are found to be in
violation of the law may be punished with imprisonment of up to six years and a fine.
The hospital involved may also have its license to operate revoked.

Mrs. Mendoza left two (2) children and her husband, in an untimely demise. Have
she been given immediate emergency care, she might still be with her family. Mr.
Mendoza demands recovery of damages suffered and incurred by their family, or they
shall be constrained to file the appropriate action against you and the hospital and
demand compensation for whatever damages their family may have incurred arising
from your refusal/failure to render basic medical care as pronounced by law.

Kindly comply with this Letter immediately in order to avoid unnecessary

expenses for litigation.

Sincerely,

MARIFEL B. DE LOS SANTOS

Public Attorney II

With the conformity of:

MR. ERIC MENDOZA

Cc:

DR. PERSIDA V. RUEDA-ACOSTA, DSD

Chief Public Attorney

ATTY. SILVESTRE A. MOSING

Deputy Chief Public Attorney

ATTY. MARLON E. BUAN

Regional Public Attorney
PAO-Region IV-A

MR. ERIC MENDOZA

Talaga, Tanauan City, Batangas

DEPARTMENT OF HEALTH
Bureau of Health Facilities and Services
Bldg. 15 San Lazaro Compound,
Sta. Cruz, Manila

NATIONAL BUREAU OF INVESTIGATION

Taft Ave, Ermita, Manila
1000 Metro Manila

complaints@8888.gov.ph
Ticket Reference No. P20210913-773-1
OFFICE OF THE PRESIDENT

/mbs