Yes, a constituent can sue his government for the violation of this right as long as there is enough basis

and the proper procedures are observed. But, whether the suit will prosper or not is an entirely
different story. The legal battle will depend on the circumstances of the person and his reasons for
suing the government, his legal capacity to sue, the proper court that has jurisdiction to hear the case,
and it might not even reach the courts if the initial administrative remedies are to be exhausted. The
constituents basis to sue the Philippine government will be the violation of such persons universal
and constitutional right to adequate health care.

This right to adequate health care is defined as the policy where all people are entitled to have the
physical needs of their bodies satisfied. This is also the heart of the human rights laws of any country
and of the laws governing the international community. The right to health is as basic as the right to
life. This premise is expressly shown in the provisions of our very own present Philippine Constitution.
1

The right to adequate health is also exemplified in the Universal Declaration of Human Rights (UDHR).
2

The difficult part is on how to set the standards on the definition of adequate health care in the
Philippine setting. But, Article 12 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR) defines the right to adequate health in a relative fashion:
the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health.
This highest attainable standard should be assessed with respect to the economic infrastructure of
the Filipino nation, and not with the standards of the international community. Certainly, our
government, belonging to the developing world, cannot provide adequate health care and living
conditions for all its citizens. Our population suffers disproportionately from diseases that are routinely
preventable or curable in highly-developed nations.

In conclusion, a Filipino who is dissatisfied with the health care extended to him by our government
can sue his government in its entirety but the suit will not probably prosper. Granted that our
Philippine government properly used up its resources in faithfully delivering basic services including
those pertaining to health care, there is no basis for any suit to prosper. Any person can sue the
government health workers for their incompetence in their personal capacity, or the heads of
government agencies for hoarding medical supplies, or he could have simply joined the opposition to
passage of laws that he thinks will violate his right, such as the massive opposition against the
reproductive health bill. But to sue the entire government - his efforts would be futile.

There is no law stopping any Filipino to sue his government for the alleged violation of his rights; he
can always do that, but the suit will not probably prosper if there is no actual violation and damages.

1
1987 Philippine Constitution, ARTICLE XIII - SOCIAL JUSTICE AND HUMAN RIGHTS
Section 11. "The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health
and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers."
ARTICLE II DECLARATON OF STATE POLICIES AND PRINCIPLES:
Section 15: "The State shall protect and promote the right to health of the people and instill health consciousness among them."

2
Article 25 of the UDHR states that:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and
medical care