RA 11166 (Philippine HIV and AIDS Policy Act)

Repeals 8504 (AIDS LAW)

Definition of terms

Acquired Immune Deficiency Syndrome (AIDS) refers to a health condition where

these is a deficiency of immune system that stems from infection with the Human
Immunodeficiency Virus or HIV, making an individual susceptible to opportunistic

Anti-retroviral Therapy (ART) refers to the treatment that stops or suppresses viral
replication or replications of a retrovirus like HIV, thereby slowing down the
progression of infection;

Bullying refers to any severe or repeated use by one or more persons of a written,
verbal or electronic expression, or a physical act of gesture, or any combination
thereof, directed at another person that has the effect of actually causing or placing
the latter in reasonable fear of physical or emotional harm or damage to one's
property; creating a hostile environment for the other person; infringing on the
rights of another person; or materially and substantially disrupting the processes or
orderly operation of an institution or organization;

Compulsory HIV Testing refers to HIV testing imposed upon an individual

characterized by lack of consent, use of force or intimidation, the use of testing as a
prerequisite for employment or other purposes, and other circumstances when
informed choice is absent;

Discrimination refers to unfair or unjust treatment that distinguishes, excludes,

restricts, or shows preferences based on any ground such as sex gender, age, sexual
orientation, gender identity and expression, economic status, disability, ethnicity,
and HIV status, whether actual or perceived, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise by all persons
similarly situated, of all their rights and freedoms;

High-risk Behavior refers to a person's involvement in certain activities that

increase the risk of transmitting or acquiring HIV;
Human Immunodeficiency Virus (HIV) refers to the virus, of the type called
retrovirus, which infects cells of the human immune system, and destroys or
impairs the cells' function. Infection with HIV results in the progressive
deterioration of the immune system. Leading to immune deficiency;

HIV Counseling refers to the interpersonal and dynamic communication process

between a client and a trained counselor, who is bound by a code of ethics and
practice to resolve personal, social, or psychological problems and difficulties, and
whose objective in counseling in the context of an HIV diagnosis is to encourage
the client to anxiety and stress, plan for the future (keeping healthy, the context of a
negative HIV test result, to encourage the client to explore motivations, options,
and skills to stay HIV-negative;

HIV and AIDS Monitoring refers to the documentation and analysis of the number
of HIV and AIDS infections and the pattern of its spread;

HIV and AIDS Prevention and Control refers to measures aimed at protecting
non-infected persons from contracting HIV and minimizing the impact of the
condition on persons living with HIV; (s) HIV-Negative refers to the absence of
HIV or HIV antibodies upon HIV testing;

HIV-Positive refers to the presence of HIV infection as documented by the

presence of HIV and HIV antibodies in the sample being tested;

HIV-related Testing refers to any laboratory testing or procedure done or an

individual in relation to a person's HIV condition;

HIV Testing Facility refers to any DOH accredited on-site or mobile testing center,
hospital, clinic, laboratory, and other facility that has the capacity to conduct
voluntary HIV counseling and HIV testing;

HIV Transmission refers to the transfer of HIV from one infected person to an
uninfected individual, through unprotected sexual intercourse, blood transfusion,
sharing of contaminated intravenous needles, or which may occur during
pregnancy, delivery, and breastfeeding;
Informed Consent refers to the voluntary agreement of a person to undergo or be
subjected to a procedure based on full information, whether such permission is
written or conveyed verbally;

Mature Minor Doctrine refers to the legal principle that recognizes the capacity of
some minors to consent independently to medical procedures, if they have been
assessed by qualified health professionals to understand the nature of procedures
and their consequences to make a decision on their own;

Medical Confidentiality refers to the core duty of medical practice where the
information provided by the patient to health practitioner and his/her health status
is kept private and is not divulged to third parties. The patient's health status can,
however, be shared with other medical practitioners involved in the professional
care of the patient, who will also be bound by medical confidentiality.

Opportunistic infections refer to illnesses caused by various organism, many of

which do not cause diseases in persons with healthy immune system;

Partner Notification refers to the process by which the "index client", "source", or
"patient" who has a sexually transmitted infection (STI) including HIV, is given
support in order to notify and advise the partners that have been exposed to
infection.

Person Living with HIV (PLHIV) refers to any individual diagnosed to be infected
with HIV;

Pre-test Counseling refers to the process of providing an individual with

information on the biomedical aspects of HIV AIDS, and emotional support to any
psychological implications of undergoing HIV testing and the test result itself
before the individual is subjected to the test;

Post-test Counseling refers to the process of providing risk-reduction information

and emotional support to a person who submitted to HIV testing at the time the
result is released;
Prophylactic refers to any agent or device used to prevent the transmission of an
infection;

Sexually Transmitted Infections (STIs) refers to infections that are spread through
the transfer of organisms from one person to another as a result of sexual contact;

Voluntary HIV testing refers to HIV testing done on an individual who, after
having undergone pre-test counseling willingly submits to such test;

Phil National AIDS Council

-created by EO 39, Dec. 3, 1992
-reconstituted under RA 8504
-streamlined under RA 11166 to ensure the implementation of the country’s
response to HIV and AIDS situation
-shall be attached to DOH and will have own secretariat and staff headed by
executive director
-to oversee an integrated and comprehensive approach to HIV/AIDS prevention
and control in the Phil.
-functions as central advisory, planning and policy making body for comprehensive
and integrated HIV/AIDS prevention and control program in the Phil

Composition:
-Sec of DOH as chair
Members:
DepEd, DOLE, DSWD, DILG, DBM
CSC
CHED
National Youth Commission
PIA or rep
Chair of Committee on Health in the Senate and HOR or their rep
1 rep from private org with expertise in standard setting and service delivery
6 reps from NGOs working for welfare of identified key populations
2 reps from private org of persons living with HIV and AIDS
-all members are appointed by Pres of RP except those from govt agencies and
those from senate and HOR who will be appointed by its leaders
-Sec of DOH is permanent chair, V-chair shall be elected by the members and will
serve a term of 2 years
-members from private group shall serve a term of 3 years renewable upon
recommendation of council maximum of 2 consecutive terms

Secretariat supports PNAC and headed by executive director

National HIV and AIDS and STI Prevention and Control Program is created under
DOH staffed by qualified permanent medical specialist and support staff
coordinates with PNAC for implementation of health sector’s HIV and AIDS and
STI response

Phil’s response to HIV and AIDS situation shall be anchored on principle of human
rights and human dignity

PNAC in collaboration with DOJ and CHR shall ensure delivery of

non-discriminatory HIV and AIDS services by govt and private HIV and AIDS
service provider

-Education and Info dissemination part of health service by health personnel and
practitioner
-HIV/AIDS education part of constitutional right to health
-education in workplace mandated
-education for Filipinos going abroad
-info for tourists and transients
-education in communities
-info on prophylactics in literatures and materials

Standard precaution on donation of blood tissue or organ

-donation of blood or tissue, gratuitous or onerous, accepted by lab or institution
only after sample from donor tested negative for HIV
-donated blood shall be subjected for HIV testing
-Donors of organ or blood testing positive not allowed to donate, notified of their
HIV status, counselled and referred for care and clinical management ASAP
-organs, tissue or blood positive maybe accepted for research purposes only and
subject to strict sanitary disposal requirements

- second testing maybe demanded as a right by donees, recipients or immediate

relatives

There is presumption of consent for HIV testing:

-voluntary donation of blood, tissue or organ for transfusion, transplantation,
research
-executed legacy and donation under RA 7170 (Organ Donation Act)

Encourage voluntary testing but written consent must first be obtained

HIV testing made available under the following:

-person 15 to below 18yrs, consent to voluntary testing obtained from child
without need consent of parent or guardian
- person below 15 yrs., pregnant or engaged in high-risk behavior eligible for HIV
testing and counseling with assistance of licensed social worker or health worker
and consent to voluntary testing obtained from child without need of consent from
parent or guardian
-all other cases of voluntary HIV testing obtained from child’s parent or legal
guardian if below 15 or mentally incapacitated

Proper counseling shall be conducted by social worker, health care provider or

other health care professional

-HIV testing centers need to be accredited by DOH

-Pre-test and post-test counseling, which are confidential, shall be available to all
who avail of HIV/AIDS testing services and for free
-informed consent shall be observed in HIV testing
-presence of used or unused prophylactic not basis to conduct raids or similar
police operations
-Health care provider offering pre-natal medical care shall offer provider-initiated
HUV testing for pregnant women

Health and Support Services for PWA

-PWA be provided with free and accessible ART and medication for opportunistic
infections and DOH will designate public and private hospitals as treatment hubs
and access to medical services, especially indigents
--community based services ((HIV/AIDS prevention and care services)
-livelihood programs and trainings (trainings for livelihood, self-help coop
programs)
-DSWD with DOH provide support program for PWA such as counseling and
support, social protection, welfare assistance including care and support for
affected, families, partners and support groups of PWAs
-care and support for OFW with AIDS and PWA in prisons

-health insurance and similar health services for PWAs

-PhilHealth shall enforce confidentiality in provision of insurance and health
packages
-PWA shall not be denies or deprived of health insurance by a HMO and private
life insurance on basis of HIV status or be denied of insurance claim of dies of HIV
or AIDS under a valid and subsisting life insurance policy

Persons involved in provision of HIV and AIDS services, including peer educator,
protected from suit arrests or prosecution and from civil, criminal or administrative
liability for delivering such services but not include violation of this law

Monitoring and evaluation

-DOH shall establish a comprehensive AIDS monitoring and evaluation program,
to determine and monitor the magnitude and progression of HIV infection in the
Philippines and for evaluating the adequacy and efficacy of counter measures
employed

Confidentiality
-Confidentiality and privacy cover individual tested for HIV, has been exposed to
HIV, has HIV infection or HIV and AIDS-related illnesses or was treated for
HIV-related illnesses

Acts in violation of confidentiality or privacy:

-disclosure of confidential HIV and AIDs information, unless with written consent,
that a person has AIDS, undergo HIV related test, has HIV infection or HIV related
illnesses or exposed to HIV
-media disclosure, without prior written consent of subject or persons waive by
own act and omissions under RA 10175 or Cybercrime Prevention Act of 2012 and
RA 10173 or Data Privacy Act of 2012, disclosing name, picture or any
information that would reasonably identify PWA or any confidential HIV and
AIDS info

Medical confidentiality required all health professionals, medical instructors,

workers, employers, recruitment agencies, insurance companies, data encoders and
other custodians of any medical records, file data, test results are required to
strictly observe confidentiality in handling of all medical info particularly identity
and status of PWA

Exception to confidentiality:
-Complying with reportorial requirements of national active passive surveillance
system of DOH provided identity of person shall remain confidential
-informing other health workers directly involved or about to be involved in
treatment or care of PWA provided such treatment or care carry the risk of HIV
transmission provided that such worker is obliged to maintain the shared medical
confidentiality

-responding to a subpoena from court when issue is HIV status of an individual

provided that said medical record shall be properly sealed by its lawful custodian
after its double checked, shall remain anonymous and unlinked, hand delivered and
personally opened by judge provided that judicial proceedings be in executive
session

Disclosure of HIV related test results

Result of test related to HIV shall be disclosed by the provider who conducts
pretest and posttest counseling to:
-person who submitted to such test

-either parent, legal guardian or duly assigned licensed social or health worker for
patient below 15 yrs., an orphan, mentally incapacitated
-to child, even if below 15yrs not suffering mental incapacity, has given voluntary
and informed consent to procedure provided child be given age-appropriate
counseling and access to necessary health care and sufficient support services
- a person authorized to receive the same in conjunction with DOH monitoring
body under sec 43

Any PWA is strongly encouraged to disclose HIV status and health condition to
spouse, sexual partner or any person prior to engaging in penetrative sex or any
potential exposure to HIV

-Employers, head of government offices, heads of public and private schools or

training institutions and local chief executives are mandated to prevent or deter acts
of discrimination against PWA and provide procedures for resolution, settlement or
prosecution of acts of discrimination

Discriminatory acts

1. In workplace
Pre- and post-employment and termination stage for hiring promotion or
assignment and termination using as sole basis of actual, perceived or
suspected HIV status is unlawful
2. In school or learning institutions
Refuse admission or expel, discipline, segregate, deny participation, benefits
or services to student or prospective student on basis of actual, perceived or
suspected HIV status is unlawful
3. Restriction on travel and habitation
Restrictions on travel within Phil, refusal or lawful entry to Phil, deportation
from Phil or quarantine or enforced isolation of travelers solely or partially
on account of actual, perceived or suspected HIV status and includes
migrants, visitors and residents who are not Filipinos
4. Restriction on shelter
-restrictions on housing or lodging, whether permanent or temporary solely
or partially on basis of actual, perceived or suspected HIV status
5. Inhibition from public service
Right to seek elective or appointive public office shall not be denied to PWA
on the basis of actual, perceived or suspected HIV status
6. Exclusion from credit and insurance coverage
Credit and loan services, including health, accident and life insurance shall
not be denied to a person based on actual, perceived or suspected HIV status
 provided is unlawful provided that PWA has not concealed or
misrepresented the fact to insurance company upon application
7. In hospitals and health institutions
Denial of health care service or be charged with higher fee on account of
actual, perceived or suspected HIV status is unlawful
8. Denial of burial services
Deceased PWA or was known, suspected or perceived to be HIV positive
shall not be denied any kind of decent burial services
9. Act of bullying
- All forms of bullying, including name calling, for actual, perceived or
suspected HIV status, including in social media and other online portals

10.Other similar or analogous discriminatory acts

Penalties:

Misinformation on HIV and AIDS upon conviction penalty of

1 yr. to 10 yrs. or fine not less 50k or more 500k

For violation in police operation under second sentence, penalty of 1 to 5 yrs. or

fine not less 100k not more than 500k and law enforcement agents removed from
public service

Person who knowingly or negligently causes another to get infected in course of

profession or compels a person to undergo HIV testing without consent, 6 to 12
yrs. and imposition of administrative sanctions

Violation of sec 41 on protection of HIV and AIDS service providers from

harassment penalty of 6 months to 5 yrs. and fine not less 100k and not more 500k
and if public employee admin sanctions will be imposed

Violation on provisions on health insurance and similar services, penalty of 6

months to 5 yrs. and or fine not less 50k and admin sanctions

Violation of confidentiality:
- 6 months to 2 yrs. imprisonment and or fine not less 50k not more 150k for
breach of confidentiality
 - 2yrs and 1 day to 5 yrs. for causing mass dissemination of HIV status of
person, including spreading info online or statements to media and or fine
not less 150k not more 350k
- 5 yrs. and 1 day to 7 yrs. for health professional, medical instructor, etc., and
other custodian of medical records, file, data or test result who breaches
confidentiality and or fine not less 350k not more 500k and without
prejudice any admin sanction or civil suit
- Violation on provision on discriminatory acts, penalty of 6 months to 5 yrs.
and or fine not less 50k not more 500k and without prejudice to admin
sanctions
- Obtains knowledge of confidential HIV and AIDS info and uses same to
malign or cause damage injury or loss to another liable under Civil Code and
provisions of DATA Privacy Act of 2012
- For corporation, association or partnership, responsible officers and
employees
- If alien, in addition to penalties deported
- If public official or employee, in addition shall suffer perpetual or temporary
disqualification from office

Repeals RA 8504, Phil AIDS Prevention and Control Act of 1998

RA 7170
 Organ Donation Act of 1991

Definition of Terms

“Organ Bank Storage Facility” – a facility licensed, accredited or approved under

the law for storage of human bodies or parts thereof.

“Decedent” – a deceased individual and includes a still-born infant or fetus.

“Testator” – an individual who makes a legacy of all or part of his body.

“Donor” – an individual authorized under this Act to donate all or part of the body
of a decedent.

“Hospital” – a hospital licensed, accredited or approved under the law, and

includes a hospital operated by the Government.

“Part” – includes transplantable organs, tissues, eyes, bones, arteries, blood, other
fluids and other portions of the human body.

“Person” – an individual, corporation, estate, trust, partnership, association, the

Government or any of its subdivisions, agencies or instrumentalities, including
government-owned or -controlled corporations; or any other legal entity.

“Physician” or “Surgeon” – a physician or surgeon licensed or authorized to

practice medicine under the laws of the Republic of the Philippines.

“Immediate Family” of the decedent – the persons enumerated in Section 4(a) of

this Act.

“Death” – the irreversible cessation of circulatory and respiratory functions or the

irreversible cessation of all functions of the entire brain, including the brain stem.
-persons at least 18 yrs. of age, of sound mind may give by way of legacy, to take
effect after his death, all or part of his body for purposes specified in sec 6

Persons who may execute donation for all or any part of decedent’s body:
a. Spouse
b. Sons or daughter of legal age
c. Either parent
d. Brother or sister of legal age or
e. Guardian over person of decedent at time of death

-above persons may donate after or immediately before death

-required that donation in above order, absence of actual notice to contrary
intentions by decedent or actual notice of opposition by a member of immediate
family of decedent

-examination of human body or part thereof authorizes any examination to assure

medical acceptability of legacy or donation for purposes intended
-autopsy shall be conducted on cadaver of accident, trauma or other medico legal
cases immediately after pronouncement of death to determine qualified and healthy
human organs for transplantation and or furtherance of medical science

Persons who maybe Legatees or Donees:

-hospital, physician or surgeon
Purpose: medical or dental education, research, advancement of medical or dental
science, therapy or transplantation

-accredited medical or dental school, college or university

Purpose:
Education, research, advancement of medical or dental science or therapy

-Organ bank storage facility

Purpose:
Medical or dental education, research, therapy or transplantation

-Any specified individual

Purpose:
Therapy or transplantation needed by him
Duty of hospitals to train qualified personnel to introduce organ donation program
in a humane and delicate manner to persons enumerated under Section 4 and it is
required to accomplish form or document as proof of same

Manner of executing a Legacy

a.Made by a will of all or a part of human body
-It becomes effective upon death of testator without waiting for probate of will
-If will not probated, or declared invalid for testamentary purposes, legacy to the
extent it was executed in good faith is valid and effective

b. Maybe made in other document other than will

-effective upon death and should be respected by and be binding on his executor or
administrator, heirs, assigns, successors-in-interest and members of family
-the document, which may be a card or any paper designed to be carried on a
person, must be signed by testator in presence of 2 witnesses who must sign the
same in his presence
-if testator cannot sign, document maybe signed for him at his discretion in his
presence and the two witnesses who must also sign it in presence of testator
-delivery of document during lifetime of testator not necessary to make it valid

c. Testator may designate in his will, card or other document the surgeon or
physician who will carry out the appropriate procedures
-absence of designation or if designee not available, the legatee or other persons
authorized to accept legacy may authorize any surgeon or physician for the purpose

Manner of executing donation

-donation that complies with formalities of a donation of movable property is
sufficient

-in cases of victims of accident, trauma or other medico legal cases and there is the
absence of persons specified under section 4 and in absence of any document of
organ donation, the physician in charge of patient, head of hospital or a designated
officer of the hospital who has custody of body of deceased may authorize in a
public document the removal from such body for the purpose of transplantation of
organ to body of a living person provided that said persons exerted reasonable
efforts within 48 hours to locate nearest relative listed in section or guardian of
decedent at time of death
In all donations where organ will be removed after his death for transplantation to a
living person, shall be diagnosed separately and certified by 2 qualified physicians
who should not be:
-member of the team who will effect removal of organ from body or
-physician attending to receipt of organ to be removed or
-head of hospital or designated officer authorizing removal of organ

Only authorized medical practitioners in a hospital shall remove and or transplant

any organ authorized to be removed and or transplanted pursuant to section 5

If legacy is made to specific legatee or donee, the will, card or document or an

executed copy of it may be delivered by testator or donor or authorized
representative to legatee or donee immediately after death
-the will or card or other document maybe deposited in a hospital or organ bank
storage facility that accepts it for safekeeping after death. On request of any
interested party or after testator’s death, person in possession shall produce
document of legacy or donation

Amendment or revocation of Legacy or Donation

a. If will, card or executed copy of document was delivered to a specific
legatee or done, testator or donor may amend or revoke legacy or donation
by:
-execution and delivery to legatee or done of a signed statement to that effect
or
-oral statement to that effect made in presence of 2 other persons and
communicated to the legatee or done or
-statement to that effect during a terminal illness or injury addressed to an
attending physician and communicated to the legatee or done or
Signed card or document to that effect found on the person or effects of
testator or donor

Rights and duties after death

a. Legatee or done may accept or reject the legacy or donation
-if legacy or donation is a part of body, legatee or done upon death of testator
and prior to embalming shall effect removal of part avoiding unnecessary
mutilation
 -after removal of part, custody of remainder of body vests in surviving
spouse, next of kin or other persons under obligation to dispose of body of
decedent

b. Person who acts in good faith in accordance with provisions of this law shall
not be liable for damages in any civil action or subject to prosecution in any
criminal preceding

International sharing of human organs or tissues are allowed only through

exchange programs approved by DOH subject to principle of reciprocity