Dear Atty. Chris Liquigan,

I hope you are doing well. My brother got stroked recently. The facilities and public hospital beds were all already taken and we were left with no choice but to admit him to a private hospital. He was in the ward.

He is now in recovery and is ready to be discharged. Our problem is that the money we have is not enough to cover the whole amount of the bill. We tried to talk to the social services of the hospital, hoping that we could pay half and the other half in instalments but got denied.

Is there anything that we can do? Thank you and more power.

Neil

Dear Neil,

According to the Republic Act No. 9439 or the Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses, it is clearly stated under Section 1 thereof that, “It shall be unlawful for any hospital or medical clinic in the country 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 nonpayment in part or in full of hospital bills or medical expenses.”

While it is only proper that your family is obliged to pay and settle the financial cost of your brother’s hospital expenses, the doctors and officers cannot deny your brother from being discharged if he stays in a non-private room and has already recovered.

Paying in installment can be done provided that she will write a promissory note as long as there are particular dates when the installment payment will be made (section 2, id). In addition, the promissory note must be secured with either a mortgage or by a guarantee of a co-maker, who will be jointly liable for your brother’s unpaid obligation.

You or someone on behalf of your brother may also opt to file for a petition of Habeas Corpus before the Regional Trial Court of the place where the hospital is located. This can be served as a remedy in cases of illegal confinement (Section 1, Rule 201, Revised Rules of Court).

Hoping for your brother’s speedy recovery. Hope I answered your question.

Atty. Chris Liquigan