The Lawyers for Commuters Safety and Protection (LCSP) on Monday expressed serious concern and strong opposition to the Department of Health’s (DoH) proposed policy that seeks to disqualify motorists who allegedly committed traffic violations—such as not wearing helmets or seatbelts, or driving under the influence—from receiving Zero Balance Billing (ZBB) in DoH hospitals.

In a statement, LCSP said that while the DoH has clarified that medical care will not be denied, billing may be imposed upon discharge. However, the group emphasized that this policy remains deeply problematic, fraught with legal, ethical, and practical flaws.

"We therefore call on the DoH and PhilHealth to withdraw or substantially revise this proposal. First and foremost, the DoH and PhilHealth have no authority to determine whether a motorist has violated traffic laws. The Constitution guarantees that every person is presumed innocent until proven guilty, and such a determination of guilt lies exclusively with the courts or competent quasi-judicial bodies. The DoH and PhilHealth are health service and regulatory institutions, not adjudicatory tribunals, and their statutory mandate is confined to administering health care and financial protection under the Universal Health Care Act," the LCSP explained."To exclude patients from ZBB on the basis of alleged traffic violations is to assume guilt without trial, effectively transforming health agencies into judge and jury in matters clearly beyond their jurisdiction. This violates not only due process but also the fundamental principle of separation of powers," it added.

Equally troubling, LCSP emphasized, are the constitutional and human rights implications of the proposed measure.

"The State is duty-bound to protect the health of all citizens, and access to medical care should never be conditioned on an unproven allegation of wrongdoing. Stripping injured motorists of ZBB protection undermines the constitutional right to health and exposes vulnerable patients—especially those from poor and marginalized sectors—to crippling medical debt," LCSP pointed out.

It added that the policy also risks violating the guarantee of equal protection of the laws, as it indiscriminately lumps together minor and major traffic violations without regard for circumstances, defenses, or pending adjudication.

"Worse, such a rule may deter accident victims from seeking immediate hospital care out of fear of financial consequences, thereby endangering lives and frustrating public health objectives," the LCSP statement read.

The policy, according to them, is also riddled with practical and administrative problems. It remains unclear how hospitals or PhilHealth will determine whether a patient is a “traffic violator.”

"Will a police blotter, a medical report, or mere allegations suffice? Must there be a court conviction? Absent a clear legal standard, the policy opens the door to arbitrary enforcement, errors, and abuse. It also threatens to overburden hospitals with investigative functions, potentially delaying treatment or discharge while administrative verification is undertaken."

Meanwhile, the LCSP said the very purpose of Zero Balance Billing—protecting patients from catastrophic out-of-pocket expenses—would be defeated, pushing families into financial hardship at the time they are most vulnerable.

"If the DoH truly aims to promote road safety, the solution is not to deprive accident victims of health benefits but to strengthen traffic law enforcement where it properly belongs—through the Land Transportation Office, the Philippine National Police, and the courts. Public education campaigns, distribution of helmets and seatbelts, and incentivizing compliance are far more effective and legally sound approaches. If any form of conditionality were ever to be considered, it must only apply after a lawful judicial conviction, never on the basis of unverified assumptions at the hospital bedside," the lawyers' group said."In light of these serious concerns, the LCSP demands the immediate suspension of this proposed policy until a full legal review is conducted. We also urge the DoH and PhilHealth to issue clear guidelines that respect due process and to hold public consultations with legal, medical, and human rights experts before pursuing any reform," the LCSP urged.

The DoH and PhilHealth, the LCSP added, "must respect due process, human dignity, and the legal limits of their authority."

"The LCSP stands firm in its commitment to protect commuters, uphold road safety, and demand accountability, but never at the cost of fundamental rights and the constitutional guarantees owed to every Filipino," the group said.