PROPOSE CITY ORDINANCE TO PENALIZE UNLAWFUL DETENTION OF CAVADERS

November 1, 2024 Metro BLISTT

BAGUIO CITY

The City Council, during last Monday’s regular session, approved on first reading a proposed ordinance prohibiting the detention of individuals and cadavers in hospitals, medical clinics and any other similar facilities for alleged failure or refusal to issue birth or death certificates on the ground of non-payment of hospital bills or medical
expenses, imposing penalties for violators and for other purposes.

Under the proposed ordinance authored by Councilor Leandro B. Yangot, Jr., the local government prohibits and penalizes the detention of individuals and cadavers in health care facilities and failure or refusal to issue birth or death certificates on the sole ground of non-payment of health care fees. This policy shall be implemented in all healthcare facilities situated and operating in the city to ensure the timely release of birth and death certificates of concerned individuals. The ordinance stated that it shall be unlawful for any health care institution or health care worker to detain or otherwise cause, directly or indirectly, the detention of a patient or patient representative as earlier defined.

Further, any person, including, but not limited to, the patient himself or herself, patient representative from the City Social Welfare and Development Office or the City Mayor’s Office make a written notice and demand to the health care institution or health care worker, as the case may be, which may include the names of the patients or patient
representative, the fact of detention and commencement, the health care institution or health care worker directly or
indirectly involved in the detention of the patient or patient representative, attachment of an originally signed and notarized promissory note executed by the patient or in case of a deceased patient, patient representative, undertaking to pay the unpaid health care fees in compliance with Republic Act (RA) 9439 and demand to release the patient, patient’s cadaver or patient representative, as the case may personal service of the written notice and
demand to the health care institution or health care worker.

The ordinance mandates health care institutions or health care workers to issue the appropriate birth and death certificates to all their respective patients or patient representatives within 90 calendar days from effectivity of the proposed measure for births and deaths occurring prior to the effectivity of the same and for which certificates have yet to be issued on the sole ground of non-payment of health care fees. However, patients or patient representatives
who shall avail of their rights under the ordinance must execute and submit a promissory note in favor of the relevant health care institutions or health care workers in compliance with RA 9439.

Health care institutions and health care workers who shall violate the prohibited acts shall be meted the necessary penalties, for health care workers, a fine of PhP20,000 and/or imprisonment of one month for the first offense; a fine of PhP30,000 or imprisonment of two months for the second offense and a fine of PhP50,000 and imprisonment of six months for the third offense pursuant to RA 9439. Moreover, health care workers and health
care institutions corporate officers who are found liable shall be jointly and severally liable and will be mandated to pay the administrative liabilities earlier imposed. In addition to the administrative penalties, a criminal case may be filed against any person who shall violate the pertinent provisions of the proposed measure. Upon conviction, the offender shall be meted with a penalty of a fine of not more than PhP5,000 or imprisonment of not more than one year, or both upon the discretion of the court.

Dexter A. See/Baguio-PIO