What are my rights under the Mental Health Act?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
The Mental Health Act (RA 11036, 2018) gives every mental-health service user a set of rights (§5), including: confidentiality of all information, communications, and records, which cannot be disclosed to third parties without written consent (§5(l)); the right to give informed consent before receiving treatment or care, and to withdraw that consent (§5(m)); the right to treatment in the least restrictive environment and manner (§5(g)); access to your own clinical records, unless revealing them would cause harm to your health (§5(r)); the right to designate a legal representative (§5(o)); and freedom from discrimination and stigmatization, whether by public or private actors (§5(a)). The law also requires mental-health services to be integrated into basic health services at the city, municipal, and barangay level (§15). If these rights are violated, you can complain to the DOH; misconduct by a specific licensed professional is a matter for the PRC.
Primary sources
Frequently asked
Is my mental-health information confidential?
Yes. RA 11036 §5(l) protects the confidentiality of all information, communications, and records related to your mental-health care; they cannot be disclosed to third parties without your written consent. You also have the right to access your own clinical records under §5(r), unless disclosure would cause harm to your health.
Can I refuse mental-health treatment?
The Act protects your right to give informed consent before receiving treatment or care, and the right to withdraw that consent (§5(m)), and to be treated in the least restrictive environment and manner (§5(g)). You may also designate a legal representative (§5(o)) to help protect your interests. These rights have specific procedures for situations where a person cannot consent — but the default is your informed consent.
Where can I get mental-health services?
RA 11036 §15 requires responsive primary mental-health services to be developed and integrated into basic health services at the city, municipal, and barangay level, so your local health unit is a starting point. The national mental-health crisis hotline and DOH-designated facilities are also available. Discrimination based on mental-health condition is prohibited by §5(a).
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