Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
On August 3, 2017, President Rodrigo R.
Overview
This is an act to strengthen the anti-hospital deposit law by
Amendment
This law is to amend Batas Pambansa Bilang 702, otherwise known as "An act prohibiting the demand of deposits or advance payments for the confinement or treatment of patients in hospitals and medical clinics in certain cases", as amended by Republic Act No. 8344 and for other purposes.
Summary
SECTION 1. The law prohibits any hospital or medical clinic personnel, as defined or mentioned in the act, to request, solicit, demand or accept any deposit or any other form of advance payment as a prerequisite for administering initial or basic medical care to patients. This also applies to all who refused to administer such treatment and support to prevent death, permanent injury or loss of
- Proviso: Hospital or medical clinic may transfer the patient treatment by reason of the inadequacy of the medical capabilities of the hospital or medical clinic after a consent to transfer another facility has been given by the patient or next of his kin. The medical personnel/physician can transfer the patient to another facility if he/she is unconscious, incapable of giving consent, and/or unaccompanied. The transfer shall only be done after all the necessary emergency treatment has been made and the physicians will declare that such transfer entails less risk than further confinement.
- The hospital or medical clinic where the patient shall be transferred shall also abide the same procedure as mandated in this act.
Definition of Terms
SECTION 2
Emergency - the condition of a patient that entails immediate danger and such delay in initial support and treatment may cause loss of life, permanent disability, or loss of child or noninstitutional delivery in case of a pregnant woman.
Serious case - the condition of a patient characterized by gravity or danger.
Basic emergency care - urgent response like diagnosis and use of medical equipment and/or supplies.
Noninstitutional delivery - the delivery of a newborn while in transit, outside of a health facility, after an initial consultation was done with a health facility.
The Role of the LGU
SECTION 3. In case there is no ambulance available for use by the hospital or medical clinic to render the transfer, the local government unit (LGU) where the hospital or medical clinic is located must allow the FREE use of its emergency vehicle and must be accompanied by a staff nurse with Advanced Cardiovascular Support (ACLS) Certification or its equivalent.
Penalty
Anyone who violates the provisions of this Act shall be, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than one hundred thousand pesos (P100,000) and not more than three hundred thousand pesos (P300,000), or both, at the the discretion of the court.
Anyone who violates the provisions of this Act shall be, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than one hundred thousand pesos (P100,000) and not more than three hundred thousand pesos (P300,000), or both, at the the discretion of the court.
- Proviso: If the violation was committed pursuant to an established policy of the hospital or medical clinic or upon instructions given by higher personnel of the said hospital or medical clinic, the penalty shall be imprisonment of four (4) to six (6) years and a fine of not less than five hundred thousand pesos (P500,000) and not more than one million pesos (P1,000,000) or both at the discretion of the court.
Be honest .we need more like Tatay digong in our county.Yes he has flaws.but not like any other politicians.He achieve his goal by doing what it needs(war on drugs) Sakit.info
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