Hospital ~ a place devote ital ~ a place devoted primarily to the maintenance and operation of facilities for the “ agus treatment and care of individuals suffering from illness, disease, injury or ‘eformity, or in need of obstetrical or other medical and nursing care, Clinic - il nic ~ 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 (DO\4) 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. Z 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.An © BuO 292 Sec. 3. Powers a dd Functions, ‘The Department of Health shall (8) Regulate the operation of and issue licenses and permits to government and private hospitals, clinies 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 Services. - The Office for Hospital and Facilities an Assistant Secretary, Sec. 14. Office for Hospital and Facil Services, headed by an Undersecretary who shall be supported by 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 R.A 943) 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hat yo mno292 See. 3. Powers and 4 Powers and The Department of Health shall pent and (8) Regulate the operation of and issue licenses and permits to govert e regulated by private hospitals, clinies and dispensaries, laboratories, blood banks, drugstor other establishments which by the nature of their functions are required to l the Department Note: DOH regulates operation of hospitals whether government or private acilitic ry. Sec. 14. Office for Hospital and Facilities Services. - The Office for Hospital and Services, headed by an Undersecretary who shall be supported by an Assistant S 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 re 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 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 eave 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 afnortgage 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. will? Q. When can a hospital detain a patient against 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 3.1f 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 93497 (2) conditions: 1.) promissory note secured by either a mortgage or guarantee; 2.) patient is not staying in private roomDRA #344; Prohibiting Demand of Deposits See. 1. emergency or serious cases, it shall be unlawful for any proprietor, president director, mana ny other officer, and/or medical practitioner or employee OFA 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, ake it asa condition before you admit Note: 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 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. jan in the hospital, sking for a deposit is only prohibited if you Sec. 3. Any hospital director, administrator, officer-in-charge or physici 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 qQ) 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”. Mas 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. (suue’ t tk is Ockionable W deo righ W violated ¥ (Daldng, naooperciuhan Xan Kao Privore beam. * Qevertng Fon, See wi yi oh dpeokons Cdeferticn )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. Regulation of Practice of Medici - R, : Medical Act of 19: 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 “ Bet (c) who shall use the title M.D after his name. fe 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 ernational emergencie: 8 whenever the services js onal ei services of duly registered physicians are not available. ation s * declared termine snl! automatically cease when the epidemic or national emergency is ameesertninated by the Secretary of Health, No cee estes etter \ Sec. 24. Grounds for reprimand, A suspension or revocation of registration certificate. Any of the following shall be suffic suspend ient ground for reprimanding a physician, or for ending 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 4*" year medical student to 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. jon Act Sec. 7. Powers, Functions and Responsibilities of the Commission. - The powers, functions and responsibilities of the Commission are as follows: (c) 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, ean, ™ I cancelled or suspended without just cause provided by law. There © Process in which there must be notice to the professional and publication. ee, expiration of r TPRE license will not render you as an illegal practitioner CPD SAL: Allowing Former Filipino Nationals to Practice in-the Philippines See. 1. The pros - The provisions of all existing laws, rules and regulations, decrees, orders instructions to th tizer Tuctions to the contrary notwithstanding, professionals who were formerly citizens of the Philippines and who have previously passed licensure examinations in the Philippine it, sojourn or for the practice of their profession, may, while in this country on av re professional and in their permanent residence, practice their profession: Provided, That th practitioners of good standing prior to their departure from the Philippines 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 alized by them in the practice of pay the corresponding income tax due on all incomes 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withdrawn, revoked, 6 ancelled oF suspended without just cause provided by lave There must be due process in whic Wthere jenaliadl jucteation. Hence, expiration of PRE license: ! must he notice to the prot Will not render you as an illeyal practitioner GPD 541; Mowing Forn i mer Filipino Nationals to Practice in the Philippines: Sei 1. The provis et he provisions of all existing laws, rules and regulations, decrees, orde structions to the c ions to the contrary notwithstanding, professionals who were formerly citizens of examinations in the Philippines ee have previously passed licens ‘actice of their profession, may, while in this country on a visit, sojourn oF permanent residence, practice their profession: Provided, That they are professional practitioners of good standing prior to their departure from the Philippines and in their 'y: 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. adopted count n may practice their profession in the Philippines if: Note: A former Filipino citiz 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 profess Practice the profession of medicine under the same rules and regulations governing citizens thereof.” Lis 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 ial L: f ica al tes Ir r 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. n-client relationship? Q. Do we need a phy: fon at Long mt ye peed No. As long as it was issued in the practice of his profession. {aise car you 9hU Latte 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. Canyon change the y other the crime af abortion? Yes. The mother ean be charged af abortion ATL SAT RPC, conceal - G.Stmutation of births, substitution of one child for another. and concealment or abandanment.of ategitimate child." simulation of birth ubstitution of one child for another shall be punished by priston mayor and a fine of not exceeding 1,000 pesos and th The si 1y person who shall conceal or abandon ne penalties shall be imposed upon se such child to lose its civil statu: any legitimate child with intent to ca ation of the duties of his Any physician or surgeon or public officer who, in viol 5 mentioned in the profession or office, shall cooperate in the execution of any of the crimes 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 it would have constituted a less grave felony, the penalty of arresto posed; if it would have constituted a iod shall be imposed. medium period; ‘mayor in its minimum and medium periods shall be im| light felony, the penalty of arresto menor in its maximum peri jigence, shall commit an act which Any person who, by simple imprudence or negl the penalty of arresto mayor in its would, otherwise, constitute a grave felony, shall suffe} 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. ‘Afine 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 py the penalty provided for the offense is equal to ar lower than these hease the courts shall impose hich provided in the fir prov the first two paragraphs of this article, in wh the penalty next lower im degree than that which should be imposed in the period hey may deem proper to apply Jolation of the Automobile Law, the se punished by prision igligence and with v 2. When, by imprudence 01 fendant shall # death of a person shall be caused, in which case the de correccional in its medium and the maximum periods put without malice, doing of failing to of inexcusable act, taking into ‘e, physical condition and R do an act from which material dam on the part of the person performing or failing to perform such consideration his employment or occupation, degree of intellig other circumstances regarding persons, time and place. ckless imprudence consists in voluntarily, results by reason Jack of precaution ayed in those cases in which consists in lack of precaution displ: arly manifest. Simple imprudence mediate nor the danger cle the damage impending to be caused is not imr ‘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 infut ed parties such help as may be in his hands to give. icious imputation of a crime, ‘Art. 353, RPC, Definition of libel —A libel is a public and mal or ofa vie or defect, real or imaginary, of any act, omission, condition, status, OF circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical on, or to blacken the memory of one who is dead. ion shall be punished by arresto mayor in its in its minimum period or a fine ranging from 200 ho shall perform any act not included or contempt upon another pers: ‘Art. 358, RPC. Slander,—Oral defamati maximum period to prision correccional to 1,000 pesos shall be imposed upon any person wl and punished in this title, which shall cast dishonor, discredit, person. If said act is not ofa 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) y' 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 as determined by the Board in consultation with recognized ears and a dosage prescribed thereicompetent experts Perts who are authorized representatives af professi ganizations of Practitioners, particularly those who are involved in the care of persons with severe pain. v p Note: You are pre: ‘scribing » butnotinthe ing a drug which the patient does not need or the patient needs it Prescribed dosage. Secti imprieermese at Prescription of Dangerous Drugs. - The penalty of life (P500,000.00) death and a fine ranging from Five hundred thousand pesos Who, unless au i en million pesos (P10,000,000.00) shall be imposed upon any person, purporting aenhetized by law, shall make or issue a prescription or any other writing Porting to be a prescription for any dangerous drug. macy 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 inju 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.0 212 to: “Government Health Authority”PD-603: Child and Youth Welfare Act Article 166. Rey institutions, s, clinics and other nt of Maltreate swell as priva ‘or Abused Child, - All hospital treatment shall, w ithin forty-eight | fiseal or to the physicians provicl eport in writing to the eity or provine st unit of the Depart” ‘exploitation of an employed Council for the hours trom knowledge of the Local Cou uncil for the Protection of Children or to the neares ment of Social Wel Goleta “ny case of a maltreated or abused child, oF Protection Pen he provisions of labor laws. It shall be the duty of the \ Of Children or the unit of the Department of Soctal Welfare to whem SUC0 2 al or city fiscal report is made to forward the same to the provi inic, institution, or physician who o thousand pesos cept str ‘ictly confidential »xcept in connection with any court disclosing confidential information ne of not less than one hundred pesos ent for not less than thirty days nor tat the discretion of the court Violation o ; ation of this provision shall subject the hospital, cl Jails to make such report to a fine of not more than tw In cases of sexual abuse, the records pertaining to the case shall be and no information relating thereto shall be disclosed & or official proceeding based on such report. Any person in violation of this provision shall be punished by a fi nor more than five thousand pesos, or by imprisonm such fine and imprisonmen more than one year, or both orting Person or Institution. - Persons, Iinies and other entities which shall in good andonment or exposure to Article 167. Freedom from Liability of Rep nurses, hospitals, cl neglect, maltreatment or ab ‘ability arising therefrom. organizations, physicians, faith report cases of child abuse, moral danger be free from any civil or criminal li : saa Section 6. Who Shall Use Generic Terminology - (a) All government health agencies and ernment agencies shall use generic terminology or their personnel as well as other gov ated to purchasing, prescribing, dispensing and generic names in all transactions rele administering of drugs and medicines. including private practitioners, shall (b) All medical, dental and veterinary practitioners, Juded if so desired. write prescriptions using the generic name. The brand name may be inc 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 sec ‘ond convi nviction, the penalty of fine in the amount of not less than two thousand pesos (P2 and’ pesos (P2,000.00} discretion of the court ) but not exceeding five thousand pesos (5,000.00) at the (c) for the thir ict esos (PS ton nton, the penalty of fine in the amount of not less than five thousand his license toy 0) but hot exceeding then thousand pesos (P10,000.00) and suspension of se to practice his profession for thirty (30) days at the discretion of the court t less than ten d) for tl (4) for the fourth and subsequent convictions, the penalty of fine of no fession for th es ‘ousand pesos (P10,000.00) and suspension of his license to practice his pro! one year or longer at the discretion of the court. A 85! in 1 Ac Sec. 15. Consent as a requisite for HIV testing. -No compulsory HIV testing shall be individuals with a high allowed. However, the State shall encourage voluntary testing for it 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, oF blood shall be considered as having been given when: (2) aperson volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation, or research; ct No. 7170, also (6) person has executed a legacy in accordance with Sec. 3 of Republic A 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 @ 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 determ nination of the HIV issues status is necessary Ive the relevant under Executive Order : sary to resolve the releva . Order No, 309, otherwise known as the "Family Code of the Philippines": and as the ©) Whei ei own, ) When complying with the provisions of Republic Act No. 7170, otherwise know’ | Blood "0 7 “Organ Donation Act” and Republic Act No. 7719, otherwise known as the "Nation! Services Act" Section 18. Anonymous HIV testing, - The State shall provide a mechanism for anonymous HIV testing and shall guarantee anonymity and medical confidentiality conduct of such tests. in the Section 26. Insurance for persons with HIV. - The Secretary of Health, in cooperation with the Commissioner ofthe Insurance Commission and other public and private insurance agencies, shall conduct a study on the feasibility and viability of setting uP @ package of insurance benefits and, should such study warrant i, implement an insus °c 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. No person shall be health institutions. ~ ual, perceived Section 40. Discrimination in hospitals and a higher fee on account of act denied health care service or be charged with 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. ivil Comm: 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.ection 6. D proper asthe © and register. — No human body shall be buried unless the elder The ae hasbeen Presented and recorded in the office of the local civil cantotned orth decey Who attended the deceased or, in his default the health officer fault of the latter ly member of the family of the deceased or any person having knowledge of the de who shall issue a death ce the local civil registrar thorities, ath, shall report the same to the local health a icate and shall order the same to be recorded in the office of During secures Se may be buried provided the proper death certificates have been |, 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. 7: Expanded Seni “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); (0 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y 49: GALIZE PERMISSIONS TO USE HU 5 on IONS OF THE HUMAN BODY FOR MEDIC : CIENTIFIC PURPOSES, UNDER CERTAII = L section A person mY alia ein aticensed physician, surgeon, known scientist o deat sup Stgan, paréor parésofh |, authority to detach at any time after the grantor's 4 \ is 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 writings 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. Ifthe 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, & physician, a scientist, a hospital ora scientific institution upon his death for transplant, medical, or research purposes subject to the following requirements: horized in writing by the donor specifying the recipient, the (a) The donation shall be aut! .e donated and the specific purpose for which it will be organ or part of his body to b utilized. (b) A married person may make such donation without the consent orize the donation of an organ or of his spouse (c) After the death of a person the next of kin may auth any part of the body of the deceased for similar purposes in accordance with the prescribed procedure.(a) Ifthe 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. (ec) A simple written authorization signed by the donor in the presence of two witnes 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 1s 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,"[iJn 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 \stances. They failed to present any expert witness to prove that given the the circum: uld or should medical technology and knowledge at that time in the 1980's, the doctors co! 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fault thereof, by either p arent or ay espons ie ' who has k ledge of the birth of the individu, 1 hd “nly orarelae,or a The et referred to above sha Pied With an tant descr circumstances surrounding the delayed registra egistration, Section 2. Period of istration of births. The re 0 in the preceding section must be , of this decree without or fee or tration of the birth of babies referred done within sixty (60) days from the d any kind. B. din the office of the | : of the loc (30) days after birth, by the ate of effectivity ‘abies born after the effectivity of this decree al civil registrar of the place of birth within thirty attending phys must be registere: sician, nurse, midwife, hilot or hospitals or clinic ‘ault of the same, by either parent or ar any person who has knowledge of the bitth. administrator or, in def family or esponsible member of the he parents or the toe responsible member of the family and the attendant at birth or the al or clinic administrator referred to above shall be jointly liable in case they fail to ‘ister the new born child. If there was no attendant at birth, or if the child was not born ina 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. rej 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SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname, ~ No entry ina 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 menting rules and consul general in accordance with the provisions of this Act and its imp! regulatio RA 9048 likewise provides the grounds for which change of first name may be allowed: SECTION 4. Grounds for Chai 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 o nickname inthe 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 sto 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 terest. 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. Republic vs. Cagandahan Ultimately, we are of the view that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, like respondent, having reached the age of majority, with good reason thinks of his/her sex. Respondent here thinks of himself as a male and considering that his body produces high levels of male hormones (androgen) there is preponderant biological support forsping him as being male. considle xual developmes sification at birth inconclusive. Itis or vntersey persons wanes gender cl at maturity that the gender of pender of such persons, ike respondent IS xed. Respondent here has simply let nature take its course and ree pterfere with what he was born with. nd can ia not taken unnatural steps to life to that of a male. Respondent could have undergone rang, he has already ordered his tuxing lifelong medication, to force his body into the categorical ana taken steps, like chose not to do so, Nature has instead taken fsdueomurae lanes ine nea | more fully his male characteristics. penne arrest not. H development to reveal of evidence that respondent is an “incompetent” and in the absence of hat classifying respondent as a male will harm other members of society tled to protection under the law, the Court affirms as valid and justified ition and his personal judgment of being a male. In the absence evidence to show t who are equally enti the respondent's pos o no more than give respect t h what nature has handed d his mature decision to be a male. not but respect how respondent deals with considering the unique circumstances in this case. 10 (1) the diversity of nature; and (2) how an out. In other words, we respect respondent's Life is already difficult for the his unordinary state Inso ruling we d individual deals wit congenital condition an ordinary person. We can and thus help make his life easier,