Hontiveros pushes for Healthcare Proxy Act to protect patients' decision-making rights
By Dhel Nazario
At A Glance
- Senator Risa Hontiveros is pushing for the passage of a measure that seeks to institutionalize healthcare proxies, allowing Filipinos to designate a trusted person to make medical decisions on their behalf in case of incapacity.
Senator Risa Hontiveros is pushing for the passage of a measure that seeks to institutionalize healthcare proxies, allowing Filipinos to designate a trusted person to make medical decisions on their behalf in case of incapacity.
Senator Risa Hontiveros (Senate PRIB photo)
Hontiveros, who chairs the Senate Committee on Health, said that many Filipinos currently have no legal assurance that someone they trust can decide for them if they become too sick or unable to communicate.
“Every Filipino hopes that if the time comes that they are sick, weak, or unable to speak for themselves, someone they trust will be there to speak for them. But today, for many Filipinos, that assurance does not yet exist in law,” she said.
The proposed Healthcare Proxy Act aims to recognize the right of patients to appoint a “Healthcare Agent” through a healthcare proxy, while promoting advance care planning and supported healthcare decision-making within the country’s healthcare system. Hontiveros recently sponsored the measure.
Hontiveros noted that in hospitals, uncertainty often arises when patients lose decision-making capacity, leaving families and healthcare providers unsure whose wishes should prevail.
“Without clear legal guidance, families may disagree, healthcare providers may hesitate, and most importantly, the wishes of the patient may never truly be known,” she said.
Under the proposed measure, Filipinos may designate in advance a trusted person who can make healthcare decisions on their behalf if they become temporarily incapacitated. Hontiveros said this ensures that medical decisions remain anchored on the patient’s own preferences, values, and best interests.
The bill also introduces advance care planning, allowing individuals to express who they want to represent them in critical healthcare decisions. It further recognizes supported decision-making, which upholds the rights, dignity, and preferences of individuals, particularly older persons, persons with disabilities, and those with serious illnesses.
Hontiveros emphasized that the measure would help prevent disputes among family members during medical emergencies by clearly identifying the person authorized to decide for the patient.
“The Healthcare Proxy Act helps address this by ensuring that the person chosen by the patient is the one whose voice will guide medical and health decisions,” she said.
She added that the proposal is designed to be simple and accessible, as healthcare proxies may be executed in any written form without requiring complex or costly legal procedures.
The bill also mandates the Department of Health (DOH), Philippine Health Insurance Corp. (PhilHealth), and local government units to integrate advanced care planning into hospital policies, health systems, and public awareness programs, while providing guidance and training for healthcare providers.
Hontiveros said the measure is intended to benefit a wide range of Filipinos, including senior citizens, persons with disabilities, patients with serious illnesses, individuals living alone, and families facing difficult medical decisions.
Senate Minority Leader Alan Peter Cayetano expressed support for the measure.
“I haven’t seen a real shift in how we look at our health system, and part of improving it is making sure patients are heard even when they can no longer speak for themselves,” Cayetano said after signing the committee report on the Healthcare Proxy Act.
Cayetano emphasized that real-life situations often go beyond what is defined in law, especially when it comes to relationships built on trust, care, and shared responsibility.