Dear PAO,

I know a person who falsified his indigency status to avail the services of the government for free medical bills through the Malasakit Center in our locality. I am just curious, who are qualified as beneficiaries of Malasakit Centers and what is the consequence of falsifying one’s indigency to avail of government benefits? Please help me clarify. Thank you.

Myrna DP

Dear Myrna DP,

In its goal to promote the general welfare of the public and provide accessible health care to Filipinos, the government has instituted Malasakit Centers in select hospitals within the country. With a goal to accommodate indigent and financially incapacitated patients, the Malasakit Centers offer a one-stop shop to all the government medical grants and benefits that may be availed of by a qualified patient.

Republic Act 11463, otherwise known as the Malasakit Centers Act, creates a Malasakit Program to alleviate the financial burden of indigent and financially incapacitated patients through the provision of medical assistance and grants. Under Section 3(b) and (c) thereof, Malasakit Centers cater to the following patients:

“(c) Financially incapacitated patient refers to patient who is not classified as indigent but who demonstrates clear inability to pay or spend for necessary expenditures for one’s medical treatment, such as patients with catastrophic illness or any illness, which is life or limb-threatening and requires prolonged hospitalization, extremely expensive therapies or other special but essential care that would deplete one’s financial resources, as assessed and certified by the medical social worker.

“(d) Indigent Patient refers to a patient who has no visible means of income, or whose income is insufficient for the subsistence of his/her family, as assessed by the Department of Social Welfare and Development (DSWD), local government social worker or the medical social worker of the health facility.”

Clearly, to avail of the said medical assistance and grant from the Malasakit Centers, a patient must first be declared either “financially incapacitated” or “indigent” as assessed and certified by a medical social worker, or DSWD or local government social worker, as the case may be.

The law provides penalties to anyone who falsified their indigency to illegally avail of the program. Section 11(b) thereof states:

“SEC. 11. Penal Provisions. x x x

“(b) Any person who commits fraud or misrepresentation as to his/her indigency or financial incapacity shall render the assistance void and shall make the person liable for twice the amount of assistance provided and suffer the penalty of imprisonment from six (6) months to not more than two (2) years.”

To answer your question, should it be proven that the person you know falsified his or her indigency to avail of the benefits or grant under the Malasakit Program, the assistance given to him or her shall be declared void and such person shall be required to pay twice the amount of the assistance received. Additionally, the penalty of imprisonment from six months to not more than two years may be imposed by the court after finding the said person guilty beyond reasonable doubt.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].