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nylrahc

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  1. RA 9439 is not at all anti-detention law, one must not lost sight of the fact that before a patient may be permitted to leave the hospital in the event that he doestn have suffiecient money to pay for his hospital bill, the patient or his relative is required to make a promisory notes and execute a mortgage or a guaranty of a co-maker who shall be jointly and severally liable with the bills. Hence, the patient cannot automatically leave the hospital with out complying to said requirements. The trouble of the law is found in its implementing rules and regulation which did not supply the answer of what properties may be mortgage or pledge to answer for the hospital bills in the event there is failure to pay by the patient, or who are the guarantor capacitated to make a guarantee. This are the questions which the implementing rules and regulations of RA 9439 failed to answer. The remedy that i can see there is for the hospital to be strict in accepting promisory notes, to check first the ownership of the property mortgaged or pledges and scrunitize the status capacity of the co-maker so as to balance the right of the hospital to earn profit from rendering medical service to the comminity and to the right of the comminity to proper health care. Until the law is supplied with the needed aswer to the two question mentioned above the noble intention of the framers of the law will be put to naught.

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