The Department of Health (DOH) Health Facilities and Services Regulatory Bureau (HFSRB) resolved four complaints of “Palit Ulo” that allegedly occurred at a private hospital in Valenzuela City.
The DOH Metro Manila Center for Health Development (MMCHD) reported that it conducted thorough investigations regarding the complaints lodged in the cases of Zafra v. ACE Medical Center Valenzuela, Alvaro v. ACE Medical Center Valenzuela, Magtangob v. ACE Medical Center Valenzuela, and Ignacio v. ACE Medical Center Valenzuela.
According to the DOH, the four claims have varied circumstances but share common allegations that the private hospital unlawfully detained relatives of patients until outstanding medical bills were settled.
This practice, colloquially referred to as “Palit Ulo,” involved requiring relatives of patients to have a replacement person present if they wished to leave the premises for necessities.
“On September 18, 2024, HFSRB found ACE Medical Center Valenzuela not guilty in two of the complaints regarding alleged detention—Alvaro v. ACE Medical Center Valenzuela and Magtangob v. ACE Medical Center Valenzuela,” the DOH stated.
These two cases were dismissed because the DOH is not the appropriate government tribunal with the power to enforce the Anti-Hospital Detention Law.
“The HFSRB found that Republic Act No. 9439 or the Anti-Hospital Detention Law is in the nature of a penal law, well beyond the limited administrative powers of the DOH,” the health department added.
In contrast, HFSRB found ACE Medical Center Valenzuela liable in the cases of Zafra and Ignacio.
“The DOH will not tolerate and shall act on any administrative violations by our healthcare institutions. For alleged violations of statutory laws that require judicial intervention beyond our powers, we urge concerned parties to seek justice before the proper courts. We will continue to monitor and enforce compliance across all hospitals and medical facilities to guarantee that they meet the administrative and licensing standards set forth by the Department, prioritizing the welfare of the public at all times,” said Health Secretary Teodoro J. Herbosa.
In the Zafra case, HFSRB determined that ACE Medical Center Valenzuela failed to register the birth of the complainant’s daughter due to an outstanding bill.
This failure prevented the child from enrolling in school, violating DOH Department Circular No. 2020-0120 and Administrative Order No. 2012-0012, which mandate that all hospitals must register births regardless of the parents’ financial status.
In the Ignacio case, HFSRB found that the hospital misrepresented a room with two beds but without a partition as a private room.
The hospital also failed to comply with guidelines on step-down care for COVID-19 response, as outlined in DOH Department Memorandum No. 2020-0178.
As a penalty for its second offense of noncompliance with standards set by the Department, DOH imposed an administrative fine of P30,000 on ACE Medical Center Valenzuela.
