ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Legal Developments


TREATMENT AND CONSENT OF SERVICE USERS UNDER THE MENTAL HEALTH ACT


  • Informed consent refers to consent voluntarily given by a service user to a plan for treatment

  • Service users must provide informed consent prior to the implementation by mental health professionals of any program of therapy

  • A service user may set out his or her preference in relation to treatment

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EFFECTS IF A STOCK OF A CLOSE CORPORATION IS ISSUED OR TRANSFERRED IN BREACH OF QUALIFYING CONDITIONS


  • A close corporation is one whose articles of incorporation provides that all the corporation’s issued stock of all classes, exclusive of treasury shares, shall be held of record by not more than a specified number of persons, not exceeding twenty (20)

  • Any corporation may be incorporated as a close corporation except corporations declared to be vested with public interest

  • A close corporation may transfer its stock

     

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WHO ARE SERVICE USERS AND WHAT ARE THEIR RIGHTS UNDER REPUBLIC ACT NO. 11036 OR THE “MENTAL HEALTH ACT”?


  • Service user refers to a person with lived experience of any mental health condition including persons who require or are undergoing psychiatric, neurologic or psychosocial care

  • Service users shall enjoy humane treatment free from solitary confinement, torture, and other forms of cruel inhumane or degrading treatment

  • Any information in any aspect of the service user’s mental health shall be confidential except in instances allowed by law

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WHAT IS REPUBLIC ACT No. 11036 OR THE “MENTAL HEALTH ACT”?


  • Mental Health refers to a state of well-being in which individual realizes one’s own abilities and potentials, copes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community

  • The State affirms the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services

  • The State commits itself to promoting the well-being of people by ensuring that mental heal is valued, promoted and protected

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