Thursday, September 20, 2007
Bill - Hon Ena Josel F. Portillo
Republic of the Philippines
YOUTH CONGRESS
Baguio City
Introduced by Hon. Ena Josel F. Portillo
AN ACT
ESTABLISHING LIABILITY CLAIM AND PUNISHING SALON EMPLOYEES WHO COMMITTED NEGLIGENCE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. – This Act shall be known as the “Anti-Negligence Act of 2007”.
SEC. 2. Policy and Objectives. – It is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them. It shall ensure the safety and well-being of patients by creating an environment wherein incompetent and negligent salon employees shall not go unpunished.
The State shall provide salon customers a venue to address their grievances and claims against incompetent and negligent salon employees.
SEC. 3. Definition of Terms. – For the purpose of this Act, the following terms shall have the following meanings:
a) Liability Claim – shall mean a claim in which the claimant alleges that injury
caused by negligence.
b) Customers – shall refer to persons requiring service from any salon employee.
c) Negligence – shall mean to a lack of proper care (carelessness) or attention of
any person resulting to damage.
d) Salon Employees – shall refer to individuals who are working in/for a salon.
SEC. 4. The Anti-Negligence Act. – Any individual who performs an act constituting negligence/damage as defined in this Act shall be punishable by imprisonment, fine, or both.
SEC. 5. The Complainant. – The following may file a complaint of negligence against a salon employee:
1) The customer;
2) Parents or legal guardian of the customer;
3) Grandparents or collateral relatives;
SEC. 6. Statute of Limitation. – Liability claims shall be filed not later than one year after the commission of the alleged negligence.
SEC. 7. Certification of Substantial Basis for Liability Claim. – Claims under this Act shall be filed only after the issuance of a certification issued from any hospital/medical establishment that there is a substantial basis for a liability claim to be pursued.
SEC. 8. Penalties. – Persons who commit negligence shall suffer the penalty of imprisonment from a minimum of three months to a maximum of two years or a fine from a minimum of Fifty Thousand Pesos (P 50,000.00) to a maximum of One Hundred Fifty Thousand Pesos (P150,000.00), or both, in the discretion of the court taking into consideration all attending circumstances.
Any other crime committed by reason or on occasion of negligence shall be considered as a separate offense and the rules on complex crimes shall not apply.
In no case shall negligence be considered as a mere aggravating circumstance when it is committed y reason or on occasion of the commission of another crime.
SEC. 9. Damages. – In addition to the penalties prescribed in this Act, the following circumstances shall warrant the award of damages amounting to not more than Five Hundred Thousand Pesos (P 500,000.00):
1) When the customer becomes insane or suffers any psychological damage because of negligence.
2) Physical changes or disfigurement of the customer because of negligence.
SEC.10. Aggravating Circumstance. – A deliberate attempt to withhold information on the circumstances of the treatment or medication of the customer shall aggravate the crime of negligence.
SEC. 11. Accessory to Negligence. – Any person who, whether acting alone or in conspiracy with other persons, deliberately withholds information regarding the condition or treatment of a customer claiming negligence, or causes delay in the prosecution of a negligence claim, shall be held liable as an accessory to negligence and shall suffer the same penalties prescribed in this Act.
SEC. 12. Separability Clause. – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect.
SEC. 13. Repealing Clause. – All other laws, decrees, orders, issuances, rules and regulations that are inconsistent with the provisions in this Act are hereby repealed, amended or modified accordingly.
SEC. 14. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspaper of general circulation.
Republic of the Philippines
YOUTH CONGRESS
Baguio City
Introduced by Hon. Ena Josel F. Portillo
EXPLANATORY NOTE
Insecurity often leads one to experience depression, anxiety and stress. Add to that ruined friendships, poor job performance and strained family relationships. Every individual wants to look good. Outer beauty helps them boosts their self-confidence. Because of this, people tend to visit salon (parlor) near their places, but not all salons have efficient service.
Stories of complaint from customers who experienced negligence due to errors abound in the media. To protect customers and give them a healthy life against negligence is the purpose of this bill.
This bill also seeks to provide the environment where customers will be provided with the best care that they deserve by seeking to punish those who perform their jobs with negligence. It also provides a scenario where both the accuser and the accused attained justice in a more reasonable way.
With this, the passage of this bill is earnestly sought.
Hon. Ena Josel F. Portillo
Labels: health
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