A panel in the House of Representatives has approved a substitute bill which requires hospitals, medical clinics and other facilities to release deceased bodies in their possession within 24 hours from the time of death to the family or relatives.
The House committee on Muslim affairs, chaired by Lanao del Sur Rep. Mauyag Papandayan, Jr., passed the unnumbered bill which substituted House Bill 2952 authored by Papandayan, Jr. which seeks to amend Republic Act 9439, also known as “An Act Prohibiting The Detention Of Patients In Hospital and Medical Clinic On Grounds Of Nonpayment Of Hospital Bills Or Medical Expenses.”
The bill seeks to amend Section 2 of RA 9439 so that 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 leave 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 by either a mortgage or by a guarantee of a co-maker, who will jointly be liable with the patient for the unpaid obligation.
In the case of a deceased patient, the bill provides the cadaver shall be released within 24 hours from the time of death to the family or relatives in recognition of their religious practices and traditions as Christians, Muslims or Indigenous Peoples.
The bill said the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same.
However, patients who stayed in private rooms shall not be covered by the Act.
Section 2 of the present law provides that 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 leave 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.
Papandayan said in his explanatory note that Muslim burial rites are in accordance with the dictates of Islam, which sets a maximum period for burying their dead.
Thus, the burial should be as done as soon as possible after death. However, there are specific times when it is prohibited to bury the dead, said Papandayan.
“They are, from sunrise until the sun has risen, when the sun is at its highest and, when the sun begins to pale until it is fully set,” Papandayan said.
Papandayan said the lack of financial resources to immediately pay for incurred expenses of the dead, be it for medical or other charges, often hampers the release of the bodies to the point that there may ensue a raging controversy between the relatives of the dead and the establishment where the body is being held, often becoming a battle with religious undertones.
Meanwhile, the committee also approved House Bill 5740 which seeks to establish a field office of the National Commission on Muslim Filipinos (NCMF) to be located in the Municipality of Tubod, Lanao del Norte. The bill is authored by Rep. Mohamad Khalid Dimaporo of Lanao del Norte.
Dimaporo said the purpose of the bill is to address the difficulty they are having in Lanao del Norte especially during the Hajj season.
He said the location of the nearest NCMF is in Cagayan de Oro which is quite distant from Lanao del Norte.
Dimaporo said with a NCMF field office in Lanao del Norte, the members of the Muslim community will not be burdened by extra travel expenses to avail of the services of the NCMF, particularly during the time of Hajj.