After reading Penalties under the Mental Health Act, read also Duties and Responsibilities of the Department of Health under the Mental Health Act
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The Department of Health (DOH) shall ensure that a safe, therapeutic, and hygienic environment with sufficient privacy exists in all mental health facilities
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The DOH shall ensure that all public and private mental health institution uphold the right of patients to be protected against torture or cruel, inhumane, and degrading treatment
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The DOH shall establish a balanced system of community-based and hospital-based mental health services at all levels of the public health care system
U nder the Mental Health Act, any person who commits any of the following acts shall, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months, but not more than two (2) years, or a fine of not less than Ten thousand pesos (P10,000.00), but not more than Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court:
The law says:
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Failure to secure informed consent of the service user, unless it falls under the exceptions provided for by law.
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Violation of confidentiality of information. The term “confidentiality” refers to ensuring that all relevant information related to persons with psychiatric, neurologic, and psychosocial health needs is kept safe from access or use by, or disclosure to, persons or entities who are not authorized to access, use, or possess such information.
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Discrimination against a person with mental-health condition. The term “discrimination” refers to any distinction, exclusion or restriction which has the purpose or effect of nullifying the recognition, enjoyment or exercise, or an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.
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Administering inhumane, cruel, degrading or harmful treatment not based on medical or scientific evidence.
Who should be penalized if the violation was committed by a juridical person such as a corporation?
The law says:
If the violation was committed by a juridical person such as a corporation, the penalty provided shall be imposed on the directors, officers, employees or other officials or persons responsible for the violation.
If the violation is committed by a foreigner, said foreigner shall be immediately deported after service of sentence.
Take note the penalties provided is without prejudice to the administrative or civil liability of the offender.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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