Legal Prescription Philippine Journal of Internal Medicine

Detaining a Patient Against His Will

Atty. Rodel V. Capule M.D.*

Notwithstanding the provision of R.A. 9439 [anti- preventing or suppressing dangerous communicable
detention law] that [i]t shall be unlawful for any diseases. The law makes treatment compulsory due
hospital or medical clinic in the country to detain to some communicable disease. 3 If such treatment
patients, there are instances wherein hospitals can entails hospital confinement against a patients will,
legally detain a patient against his will. In the such treatment, nonetheless, is a valid exercise of
case of Manila Doctors Hospital v. So Un Chua police power to address public health concerns.
and Vicky Ty 1, the Supreme Court enumerated these
instances, to wit, (1) the patient is a detained or References
convicted prisoner, (2) the patient is suffering from
1. G.R. No. 150355, July 31, 2006.
a very contagious disease where his release will be
2. Section 1 of Act No. 3573, An act providing for the
prejudicial to public health, (3) when the patient
prevention and suppression of dangerous communicable
is mentally ill such that his release will endanger diseases, and for other purposes, November 26, 1929.
public safety, (4) in other exigent cases as may 3. Ruez, Jr. v. Dr. Jurado, A.M. No. 2005-08-SC, December
be provided by law. 09, 2005.
Considering the total physical restraint of a
detained or convicted prisoner prior to his admission,
he can no longer complain that he is being held
as a patient against his will in the hospital. In
fact, through the instrumentality of the State, it is
entirely valid to prevent him from escaping.
Not all patients afflicted with contagious diseases
must be detained. However, where his release will
be prejudicial to public health, it is best to confine
him in the hospital even against his will. The hospital
is even required to report such very contagious
disease to the Department of Health wherein in the
authorities, invoking the police power of the State,
can lawfully detain the patient in any appropriate
hospital facilities. Similarly, a patient who is mentally
ill should be detained if his release will endanger
public safety. In reality, detaining the mentally ill
will also prevent the patient from harming himself,
not to mention avoiding professional liability for
improper discharge of the patient.
The law 2 states that [f]or the purpose of
preventing or suppressing dangerous communicable
diseases, any person may be inoculated, administered
or injected with prophylactic preparations of
recognized efficiency and standard and no person
shall refuse to permit or receive such inoculation,
administration or injection or to hinder or obstruct
in any way such protective measures as may be
deemed advisable by the Director of Health or
his authorized representative. A person or patient
cannot refuse any prophylactic preparations for

*Dr. R.V. Capule is an attorney specializing in medical malpractice,
physical injuries and food torts. He is a law professor of Legal Medicine at
Arellano University School of Law and a consultant in Legal Medicine at
Adventist Medical Center-Manila and Makati Medical Center.