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Tuesday, May 7, 2024

Validity of Anti-Hospital Deposit Law ‘good milestone’

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Akbayan Senator Risa Hontiveros on Friday described as “a good milestone to cap off a productive year for the health sector” the Supreme Court’s decision dismissing a petition that challenges the validity of the measure.

She said the high court’s ruling clearly demonstrates that the law is faithful to the Constitution and validates the democratic processes that were conducted to craft it.

With the decision, Hontiveros hopes it settles with finality all the legal challenges that might be raised by a few to undermine the spirit of the law.

“I now ask all stakeholders and relevant sectors to respect and commit to the full implementation of the law,” said the opposition senator.

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“Let us end the despicable practice of demanding any deposit or other forms of advance payment as a pre-requisite for admission or medical treatment of an emergency patient, particularly a poor person or pregnant woman,” she said.

“Let us welcome the new year with a stronger commitment to provide adequate health care to our citizens, especially those who need it the most,” added Hontiveros, principal sponsor and author of Republic Act No. 10932 or “The Strengthened Anti-Hospital Deposit Law.”

The Supreme Court has dismissed a petition assailing the constitutionality of the law that increases the penalties for owners of hospitals and clinics and their physicians and personnel who “request, solicit, demand or accept deposits or advance payments as a prerequisite not only for confinement or medical treatment but also for administering basic emergency care.”

In a decision released last week, the high court did not make a definitive declaration on the constitutionality of RA 10932, which was signed into law by President Rodrigo Duterte on Aug. 3, 2017.

Nonetheless, the Court ruled that the law “enjoys the presumption of constitutionality, which the Court, at the first instance, cannot disturb in the absence of a prima facie showing of grave abuse of discretion and, upon delving into the merits, in the absence of a clearest showing that there was indeed an infraction of the Constitution.”

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