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Hospital Detaining a Patient / Remains Over an Unpaid Bill

A hospital is holding a discharged patient — or withholding a deceased relative's remains — because the bill is partially or fully unpaid. This is prohibited by the Anti-Hospital Detention Act (RA 9439, 2007): under §2 the patient must be allowed to leave upon executing a promissory note for the unpaid amount secured by a mortgage or a co-maker who is jointly and severally liable, and under §3 a violating officer or employee faces a ₱20,000–₱50,000 fine, or 1–6 months imprisonment, or both. Private-room patients are excepted.

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Legal Basis in the Philippines

  • RA 7394 (Consumer Act) — consumer protection against unfair trade practices
  • BSP Circular 1048 — prohibited debt collection practices

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