‘RIGHT TO CARE’: Iloilo City grants health care proxy rights to LGBTQ partners

By Joseph Bernard A. Marzan

Iloilo City is set to become the fourth local government in the Philippines to institute a “Right to Care” measure, after the Sangguniang Panlungsod on Wednesday, March 25, 2026, approved the proposed ordinance on its third reading.

The measure, authored by Councilor Nene Dela Llana, allows city residents aged 21 and above, called “principals,” to appoint identified “health care agents,” or fellow adult residents who are not related to them.

These health care agents will be designated through a notarized “health care proxy” document, where they will be specifically appointed to make health care decisions on the principal’s behalf when the principal is incapable of doing so.

The “Right to Care” ordinance addresses a longstanding gap in Philippine health care access, where only immediate family members are typically recognized as authorized decision-makers in medical emergencies. This leaves individuals without nearby relatives, including LGBTQ couples, elderly persons living alone, and overseas Filipino workers’ partners, without legal recourse to make critical health care decisions on behalf of their loved ones.

The City Legal Office will assist in notarizing the health care proxy, and the details will be stored and processed in compliance with the Data Privacy Act of 2012.

The designation shall be made without discrimination as to sex, sexual orientation, gender identity, civil status, or relationship status.

The authority of the health care agent will only be effective when it is determined that the principal lacks the capacity to make health care decisions and will cease if the principal regains capacity.

The principal may also revoke the health care proxy at any time, either orally or in writing, and such revocation must be recorded in the patient’s medical records.

The city government’s Gender and Development Council Office will also assist in preparing the health care proxy and will issue the Health Care Proxy Card, also known as the Right to Care card.

The card will contain the names, signatures, and contact information of the principal and the health care agent, as well as a QR code linking to the digital health care proxy stored in a city government-controlled data storage system.

Health care facilities in the city will be mandated to accept valid Right to Care cards when presented and to include the health care proxy in the patient’s medical records.

Violations of the ordinance may result in a fine of PHP 5,000, imprisonment of up to six months, or both, at the discretion of the court.

City government officers or employees who violate the ordinance may also face administrative sanctions under civil service laws, while violations committed by health care providers will be reported to the Department of Health.

Funding will be sourced from the current allocations of the Iloilo City Gender and Development Council Office, or from that of the city mayor’s office, with future allocations to be specified in succeeding annual budgets.

Iloilo City will be the fourth local government in the Philippines to institutionalize a Right to Care ordinance, after the Metro Manila cities of Quezon City and San Juan, and the province of Cavite.

Target beneficiaries of the ordinance include members of the lesbian, gay, bisexual, transgender, and queer communities and their partners; adults living alone or without immediate family members available to represent them during medical emergencies; and individuals who wish to designate a partner, companion, caregiver, or trusted individual.