ON
HOUSE BILL NO. 431
"The Magna Carta For Older Persons"
(Sponsored by Hon. Edgar Ramones Lara)
House Bill No. 365
"An Act Providing for the Establishment of a Senior Citizens Assistance Center in Every City and Municipality, and Appropriating Funds Therefore" (Sponsored by Hon. Dante V. Liban)
and
House Bill No. 234
"An Act Establishing a Commission for Senior Citizens and for Other Purposes"
(Sponsored by Hon. Roilo Golez)
=========================
This Position Paper seeks to consolidate the above-stated bills as they treat on the same and related subject matters.
House Bill No. 365, sponsored by Representative Dante V. Liban, provides for the establishment of a Senior Citizens Assistance Center in every municipality and city in the Philippines . These subject matters are also treated in Representative Edgar R. Lara's House Bill No. 431 or "Magna Carta For Older Persons." It is encompassing to the extent that the provisions of both House Bill Nos. 365 and 234 (sponsored by Representative Roilo Golez) are made integral parts thereof. Hence, the Commission on Human Rights finds it prudent and necessary that the three (3) aforementioned bills be discussed together.
Recently, two (2) laws dealing on the elderly were passed. Republic Act No. 7432 grants discounts to all senior citizens in the use of transport service, hotels and other establishments as well as in the purchase of medicines. Republic Act No. 7876, on the other hand, provides for the establishment of a senior citizens' center in all cities and municipalities in the Philippines . These centers are tasked to develop productive activities for senior citizens. While these are laudable legislations, we believe that they are not enough. A careful scrutiny of the two (2) laws shows that there are no concrete national health plans/services for the elderly. The reasons are probably because of the extended family system in the country and Article XV, Section 4 of R.A. 7876 which mandates that "the family has the duty to take care for its elderly members." But the State may also do so through just programs of social security.
Congress loses sight of the need to create homes for the elderly. At present, there are only few government-run residential homes for the elderly despite their growing ranks.
While it may be true that the care of the elderly is primarily a family responsibility, we must not ignore the fact that there are elderlies without relatives. They have to be cared for in institutions and centers. Likewise, we also have to consider those who are dependent upon their marginalized families. Elderlies who belong to this group resort to begging.
The Commission believes that there is an urgent need to establish a national program that would empower the elderly by providing them with opportunities for employment and social services as health and housing as aptly addressed by H.B. No. 431.
Moreover, the Commission recognizes the necessity to ensure that the provisions of the Constitution and republic Act No. 7432 are implemented to their fullest through the creation of a Magna Carta For Senior Citizens with special reference to the establishment of a Commission For Senior Citizens (CSC).
All programs and services for the welfare of the senior citizens are without meaning unless the proposed consolidated bill is enacted and executed sincerely through the exercise of political will.
In view of the foregoing, the immediate passage of the bill is earnestly sought.
Quezon City , 9 June 1999
ON
HOUSE BILL NOS.
3029,5950, 564, 30,
6681,
5090 and 2091
A. On Amending R.A. No. 4226
1. H.B. No. 3029, entitled: "An Act Amending Republic Act No. 4226, Otherwise known as The Hospital Licensure Act of 1998 (Re: "Hospital and Health Service Establishments Licensure Act)," introduced by Honorable Michael T. Defensor and
2. H. B. No. 5950, entitled: "An Act Amending Republic Act Numbered Forty Two Hundred Twenty Six (RA 4226) Otherwise Known as The Hospital Licensure Act" introduced by Hon. Alfredo Marañon, Jr. The Commission opts not to delve on the proposed provisions of HB. Nos. 3029 and 5950 considering their minimal relevance and implications to human rights. It is, however, sufficient to state at this stage that these House Bills are intended for better operation of hospitals and health service establishments or clinics. This will ensure efficient service to promote the health and safety of the public.
Thus, in our position paper dated 07 November 1997 relative to HB No. 8145 (An Act Declaring the Rights of Patients and Prescribing Penalties for Violations Thereof), introduced by Hon. Edgar Avila, we said:
"The International Covenant on Economic, Social and Cultural Rights (ICESCR) mandates that state parties recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. xxx
The right to health is well established in international law. This right imposes clear obligations upon the government. By ratifying international human rights instruments, states agree to be accountable to their citizens. xxx A state should carry out the obligation through domestic legislation. Unlike the International
Covenant on Civil and Political Rights (ICCPR), the rights granted by the ICESCR are not immediately demandable. There is a need of a political will of the state to comply with human rights international instruments particularly Article 12(2)D of ICESCR. Under this article, state parties are mandated to create conditions which would assure to all medical service and medical attention in the event of sickness."
B. On Declaring the Rights of Patients
1. H. B. No. 564, entitled: "An Act Declaring the Rights of Patients and Prescribing Penalties for Violations Thereof," introduced by Hon. Oscar Rodriguez.
Our previous position dated 7 November 1997 on an exactly the same subject as introduced by Hon. Edgar M. Avila (HB No. 8145), we stated;
"The Commission, however, calls for the deletion of Section 3 (15) 7 which sates that "An Adult with sound mind may execute an advance directive for physicians not to put him on prolonged life support, if, in the future, his condition is such that there is a little or no hope of recovery." This Commission may perhaps agree that if the decision to live or to die exists as conceivable choice, it must reside solely within he who contains that life. The question, therefore, is whether any mortal is competent to make that decision even for himself. Even assuming that he is, does he have the right to employ another mortal (physician) to carry that act?
Does a physician have a legal right to terminate the life of an incurably ill patient to alleviate inevitable pain and discomfort upon the competent request of that patient without facing the legal consequences of willfully and with premeditation taking the life of another? Until and unless these questions are answered, it is inconceivable that any mortal could assume the power to determine the extent or mortality of another."
We reiterate the aforestated position and ask for the deletion of Section 4(7) of this Bill. The present Constitution and the various International Human Rights Instruments to which we are signatory, are calling for an unconditional promotion and preservation of life.
2. HB No. 30 "An Act Prohibiting the Detention of Live or Dead Patients in Hospitals and Medical Clinics on Grounds of Non-Payment of Hospital Bills or Medical Expenses"' introduced by Hon. Raoul B. Del Mar
and
HB No. 6681 "An Act Prohibiting the Detention of Living and Deceased Patients in Hospitals and Other Medical Institutions for Non-Payment of Hospital Bills or Other Medical Expenses, Providing Penalties Thereof and for Other Purposes" introduced by Hon. Robert Ace S. Barbers.
We adopt our previous position dated 21 April 1999 on the same House Bills. Please see attached copy marked as Annex "A".
3. HB No. 5090 "An Act to Penalize Absconding Payment of Medical Bills, Professional and Medical Fees from a Privately-Owned Hospital, Amending for the Purpose Article 315(2)(E) of Act No. 3815, as Amended, Otherwise known as The Revised Penal Code and for Other Purposes" introduced by Hon. Monfort and Parcon.
In our previous position paper on the subject dated 21 October 1996 relative to the Senate version S.B No. 1475 as introduced by Sen. Drilon, we said;
"The Commission fully supports the enactment of Senate Bill No. 1475 which seeks to amend Article 315 (2) E of the Revised Penal Code to include hospitals. Article 315 (2) E does not mention hospitals or medical clinics."
We reiterate the same position. This will help privately-owned hospitals and clinics which are indispensable partner of the government in the public service recover from unscrupulous patients and their relatives who fraudulently evade hospital bills and other legitimate expenses.
4. HB No. 2091 "An Act Prohibiting Hospitals, Clinics for Requiring Patients to buy Prescribed Medicines and Other Medical Needs at their Pharmacy or Drugstore, and Providing Penalties Therefore," introduced by Hon. Hilarion J. Ramiro.
We adopt the same position paper dated 21 April 1999 on the same subject House Bill. Please see attached copy marked as Annex "B".
In view of the foregoing, the Commission on Human Rights, except for comment in HB 564, strongly supports the immediate passage into law of the aforementioned House Bills.
Quezon City , 14 September 1999
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