CHR calls for institutional accountability in amending Anti-Hospital Detention Law

The Commission on Human Rights (CHR) urged Congress to ensure that accountability is shouldered by hospital management and not employees under the Republic Act 9439 or the Anti-Hospital Detention Law, as it supports the proposed amendments to the measure.

“The CHR underscores the need for ‘proportional and differentiated accountability,’ emphasizing that responsibility for hospital detention primarily rests with those who formulate and enforce hospital policies, rather than with personnel who merely implement them,” CHR said in a statement on Friday.

“This reflects the human rights principle that those in authority bear responsibility for institutional practices that lead to violations,” it added.

CHR pointed out that hospital detention violates the Bill of Rights under the 1987 Philippine Constitution by depriving patients of their liberty and dignity.   

The proposed amendments aim to reinforce existing protections by expanding the scope and coverage, imposing stricter penalties for violations, and ensuring effective implementation.

CHR recommends improving the penal provision of Section 3 of the measure.

This provision states that a hospital or clinic staff member assigned to discharging patients or releasing cadavers found violating the law may face 6 months to 2 years imprisonment and/or a fine of P100,000 to P300,000.

If the violation follows a hospital policy or management order, the responsible director or officer may face four to six years imprisonment and/or a fine of P500,000 to P1,000,000.

If there are three repeated violations under the same policy, the Department of Health will revoke the hospital’s license.

CHR further proposed that hospitals be held responsible for policies or practices that cause hospital detention, so that penalties affect the decision-makers.

It suggested a step-by-step system of penalties, like suspension, mandatory compliance audits, or probationary monitoring, before revoking a license, to ensure fairness.

The commission also called for clear rules on how victims can claim civil and administrative remedies, ensuring they get full compensation alongside criminal penalties.

“Consistent with its mandate, the Commission remains committed to working with Congress to refine the measure and advance legislation that places human rights, fairness, and dignity at the center of national health policies,” CHR said.

CHR’s proposal was written in a position paper signed by CHR chairperson Richard Palpal-Latoc and four other commissioners, and was issued in November 2025.

Enacted in 2007, RA 9439 aims to safeguard patients, particularly indigent and marginalized persons, from being detained in hospitals or medical clinics due to their inability to settle hospital bills or medical expenses. —Mariel Celine Serquiña/RF, GMA Integrated News