ROCENCD

Republic of the Philippines DATE 22 AUG 2016
HOUSE OF REPRESENTATIVES Te_
Quezon City ——
SEVENTEENTH CONGRESS
First Regular Session

House BILL No. 8164

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome
(AIDS) target all nations without regard to sex, race, creed, religion, political, social and
economic statuses. Because of this fact, Republic Act. No. 8504 otherwise known as the
Philippine AIDS Prevention Control Act of 1998 was enacted in order to respond to the
imminent epidemic of HIV and AIDS. This landmark legislation equipped our nation to
answer the call worldwide in combating HIV and AIDS through awareness about the cause,
modes of transmissions, consequences, means of prevention and control. It also enjoined
government endeavour and shared-responsibility among people on how person suspected
or known to be infected should be treated and protected in our society. To strengthen these
principles of the law, a comprehensive HIV and AIDS Monitoring System was established as
well as institutionalizing the Philippine National AIDS Council (PNAC).

However, times have been changing fast, RA 8504 is slowly becoming irrelevant with
the present situation. Thus, our country's capability in adapting to the current HIV and AIDS
epidemic has intrusively turned into an ancient approach. To adapt to the times of fast-
paced living, technology driven society and empowered citizenry through social media, our
legislation should keep up by amending these important legislation thus keeping them
attune to today's definition of modern times.

According to the recent data from the Department of Health (DOH), there are already
3,802 HIV cases reported, including 518 AIDS cases and 228 deaths, during the first five
months of 2016. And since 1984, a total of 34,158 HIV cases have been recorded in the
country, including 3,070 AIDS cases and 1,759 deaths.

The salient features of the bill includes the restructure of the legal framework of HIV
and AIDS by harmonizing evidence-informed strategies and approaches in prevention,
treatment, kill and support, making the HIV response flexible and relevant to the
characteristics of the HIV epidemic facing the country. It also clarifies the roles and
responsibilities of state institutions involved in HIV and AIDS response to ensure
effectiveness of the structure of the response. Further, a national HIV and AIDS Plan is
established to create a clear roadmap on HIV and AIDS strategies, targets,
operationalization, framework and funding. More importantly, it strengthens the stigma


reduction mechanisms thereby guaranteeing respect, recognition and promotion of human
dignity.
Thus, this bill is filed with the hope that it will finally see the day light for our children,

our nation and our endeavor in saving more lives by giving them first the opportunity to
live.

The passage of this noble bill is earnestly soug|


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

34
HOUSE BILL NO. 3164

Introduced by HON. GUS S. TAMBUNTING

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND
AIDS PREVENTION, TREATMENT, CARE AND SUPPORT AND ESTABLISHING THE
PHILIPPINE NATIONAL HIV AND AIDS PROGRAM, REVISING FOR THE
PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE PHILIPPINE
AIDS PREVENTION AND CONTROL ACT OF 1998’, AND APPROPRIATING FUNDS
THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “The Revised Philippine
HIV and AIDS Policy and Program Act of 2016”.

SECTION 2. Declaration of Policies. - The Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) are public health concerns that have wide-
ranging social, political, and economic repercussions. Responding to the HIV and AIDS
epidemic is therefore imbued with public interest, and accordingly, the State shall:

a. Establish policies and programs to prevent the spread of HIV and deliver treatment
care and support services to Filipinos living with HIV in accordance with evidence-
based strategies and approaches that follow the principles of human rights, gender
equality, and meaningful participation of communities affected by the epidemic.

tal

Adopt a multi-sectoral approach in responding to the HIV epidemic by ensuring that
local communities, civil society organizations, and persons living with HIV are involved
in the process.

2

Remove all barriers to HIV and AIDS-related services by eliminating the climate of
stigma that surrounds the epidemic and the people directly and indirectly affected by
it.


Respect for, protection of and promotion of human rights are the cornerstones of an
effective response to the HIV epidemic. The meaningful inclusion and participation of
persons directly and indirectly affected by the epidemic, especially persons living with HIV,
are crucial in eliminating the virus. Thus, unless otherwise provided in this Act, the
confidentiality, anonymity, and non-compulsory nature of HIV testing and HIV-related
testing shall always be guaranteed and protected by the State.

Policies and practices that discriminate on the basis of perceived or actual HIV status,
sex, gender, sexual orientation, gender identity, age, economic status, ethnicity, hamper
the enjoyment of basic human rights and freedoms guaranteed in the Constitution and are
deemed inimical to national interest.

SECTION 3. Definition of Terms. - As used in this Act, the following terms shall
be defined as follows:

ad

Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a body's
immune system is reduced due to HIV infection, making an individual susceptible to
opportunistic infections;

r

Anti-retroviral Treatment refers to the treatment that stops or suppresses a retrovirus
like HIV;

9

Civil Society Organizations (CSOs) refer to a group or groups of non-governmental
and non-commercial individuals or legal entities that are engaged in uncoerced
collective action around shared interests, purposes and values;

al

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 any action taken to distinguish, exclude, restrict or show
preference based on any ground such as sex, gender, age, sexual orientation, gender
identity, economic status, disability, and ethnicity, whether actual or perceived, and
which has the purpose or effect of nullifying or impairing the recognition, enjoyment
or exercise by all persons similarity situated, of all rights and freedoms;

Evolving Capacities of Children refer to the concept enshrined in Article 5 of the
Convention on the Rights of the Child recognizing the developmental changes and the
corresponding progress in cognitive abilities and capacity for self-determination
undergone by children as they grow up thus requiring parents and others charged
with responsibility for the child to provide varying degrees of protection and to allow
their participation in opportunities for autonomous decision-making in different
contexts and across different areas of decision-making;


Gender Identity refers to a person’s internal and individual experience of gender that
may or may not correspond with the sex assign at birth, including the person's sense
of the body, which may involve, if freely chosen, modification of bodily appearance
or function by medical, surgical and other means, and other experience of gender,
among them, dress, speech, and mannerism;

-

=

. Harm Reduction refers to evidence-based policies, programs and approaches that aim
to reduce the harmful consequences on health, social relations, and economic
conditions that are associated with the use of psychoactive substances.

HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council (PNAC) to conduct
training or counseling on HIV and AIDS, HIV prevention, and human rights and stigma
reduction;

HIV Counseling refer to the provision of information on HIV and AIDS, how it is spread
and how it may be prevented, risk-reduction approaches, and information on
treatment , care and support for persons living with HIV, which is conducted before
and after HIV testing;

ra

. HIV Testing refers to any facility-based or mobile medical procedure that is conducted
to determine the presence or absence of HIV in person’s body, is confidential,
voluntary in nature and must be accompanied by counseling prior to, and after the
testing, and conducted only with the informed consent of the person;

. HIV - Related Testing refers to any laboratory testing or procedure done on an
individual whether the person is HIV positive or negative;

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

. Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS;

3

0. Key Affected Populations at Higher Risk of HIV Exposure or ‘Key Populations’ refer to
those persons whose behavior make them more likely to be exposed to HIV or to
transmit the virus, as determined by PNAC. The term includes children below the age
of eighteen (18), youth and adults living with HIV; men who have sex with men;
transgender persons; people who inject drugs; and people who sell sexual services
or favors;

Non-Mandatory HIV Anti-Body Testing refers to a health care provider initiating HIV
anti-body testing to a person practicing high-risk behavior or vulnerable to HIV after

-


conducting HIV pre-test counseling. The person may elect to decline or refer testing
such that consent is conditional.

q. Opportunistic Infection (OI) refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune systems;

rt. Person Living with HIV refers to any individual diagnosed to be infected with HIV;

s. Sexually Transmitted Infections (STI) refer to infections that are spread through the
transfer of organisms from one person to another through sexual contact;

t. Sexual Orientation refers to a person’s sexual and emotional attraction to, or intimate
and sexual relationship with, individuals of different, the same, or both sexes;

u. Social Protection refers to a set of policies and programs designed to reduce poverty
and vulnerability by promoting efficient labor markets, diminishing people’s exposure
to risk, and enhancing their capacity to protect themselves against hazards and
interruptions/loss of income;

v. Stigma refers to the dynamic devaluation and dehumanization of an individual in the
eyes of others which may be based on attributes that are arbitrarily defined by others
as discreditable or unworthy and which results in discrimination when acted upon;

w. Treatment Hubs refer to private and public hospitals and medical establishments
accredited by the Department of Health (DOH) to have the capacity and facility to
provide anti-retroviral treatment;

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

y. Vulnerable Communities refer to communities and groups who are suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty,
unemployment, and other similar social, economic, cultural and political conditions,
making them more susceptible to HIV infection and to developing AIDS;

2. Work Place refers to the office, premises and work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or definite
work site, regularly report for assignment in the course of their employment.

SECTION 4. Philippine National AIDS Council. - The Philippine National AIDS
Council (PNAC), hereinafter referred to as the council, established under Section 43 of R.A
8504 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”, shall
be reconstituted and strengthened to ensure the implementation of the country’s response
to the HIV and AIDS epidemic. The Council shall be the central policy-making, planning,


implementing, coordinating and advisory body for Philippine National HIV and AIDS
Program. It shall be an agency attached to the Department of Health.

SECTION 5. Functions of the PNAC. — The Council shall perform the following
functions:

1. Develop the National HIV and AIDS program in collaboration with relevant

government agencies and civil society organizations;

2. Ensure the operationalization and implementation of the National HIV and AIDS
Program;

3. Coordinate with government agencies that are mandated to implement the
provisions of this Act;

4. Develop, enforce, and/or ensure the implementation of the guidelines and policies
that are stipulated in this Act, including other policies that may be necessary to
implement the National HIV and AIDS Program;

5. Monitor the progress of the epidemic;

6. Monitor the implementation of the National HIV and AIDS Program, undertake
mid-term assessments, and evaluate its impact;

7. Strengthen the collaboration between government agencies and civil society
organizations involved in the implementation of the National HIV and AIDS Program,
including the delivery of HIV and AIDS related services;

8. Organize itself to enhance the efficiency of the multi-agency and multi-sectoral
structure;

9. Mobilize domestic and international sources of fund to finance the National HIV
and AIDS Program;

10. Coordinate and cooperate with foreign and international organizations regarding
funding, data collection, research, and prevention and treatment modalities on HIV
and AIDS; and

11. Recommend policy reforms to Congress, DOH and other government agencies to
strengthen the country’s response to the epidemic.

SECTION 6. Membership and Composition. - a) The Council shall be composed
of twenty six (26) members as follows:

1. The Secretary of the Department of Health;

2. The Secretary of the Department of Education;


3. The Chairperson of the Commission on Higher Education;

4. The Director-General of the Technical Education and Skills Development Authority;
5. The Secretary of the Department of Labor and Employment;

6. The Secretary of the Department of Social Welfare and Development;

7. The Secretary of the Department of the Interior and Local Government;

8. The Secretary of the Department of Justice;

9. The Director-General of the National Economic and Development Authority;

10. The Secretary of the Department of Tourism;

11. The Secretary of the Department of Budget and Management;

12. The Secretary of the Department of Foreign Affairs;

13. The Head of the Philippine Information Agency;

14. The President of the League of Governors;

15. The President of the League of City Mayors;

16, The Chairperson of the Committee on Health of the Senate;

17. The Chairperson of the Committee on Health of the House of Representatives;
18. Two (2) representatives from organizations of medical/health professionals;

19. Six (6) representatives from non-government organizations involved in HIV and
AIDS prevention and control efforts or activities; and

20. A representative of an organization of persons living with HIV.

b) The heads of Government agencies may be represented by an official from their
respective agencies with a rank not lower than an Undersecretary;

C) The presence of the Chairperson or the Vice Chairperson of the council, and at least
seven (7) other Council members and/or permanent alternates shall constitute a quorum
to do business, and a majority vote of those present shall be sufficient to pass resolutions
or render decisions;

d) To the greatest extent possible, appointment to the Council must ensure sufficient
and discernible representation from the fields of medicine, education, health care, law,
labor, ethics and social services;

e) Except for the Ex-Officio members, the other members of the Council shall be
appointed by the President of the Philippines;

f) The members of the Council shall be appointed not later than thirty (30) days after
the date of the enactment of this Act;

g) The Secretary of Health shall be the permanent Chairperson of the Council. However,
the Vice-Chairperson shall be elected from among the members, and shall serve for a
‘term of two (2) years; and


h) Members representing medical or health professional groups and the six (6) non-
government organizations shall serve for a term of two (2) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

SECTION 7. Secretariat. — The PNAC shall be supported by a secretariat consisting
of personnel with the necessary technical expertise and capability who shall be conferred
permanent appointments, subject to Civil Service rules and regulations. It shall be headed
by an Executive Director who shall be under the direct supervision of the Chairperson of the
Council.

The secretariat shall perform the following functions:
1. Coordinate and manage the day-to-day affair of the Council;
2. Assist in the formulation, monitoring, and evaluation of the National HIV and AIDS
Programs and policies;
3. Provide technical assistance, support, and advisory services to the Council and its
external partners;
4. Assist the Council in identifying and building internal and external networks and
partnerships;
5. Coordinate and support the efforts of the Council and its members to mobilize
resources;
6. Serve as the cleaning house and repository of HIV and AIDS-related information;
7. Disseminate updated, accurate, relevant, and comprehensive information about
the epidemic to Council members, policy makers, and the media;
8. Provide administrative support to the council; and
9. Perform other functions as may be provided by the Council.

SECTION 8. HIV Prevention. - The Government shall promote and adopt a range
of measures and interventions, in partnership with civil society organizations, that aim to
prevent, halt, or control the spread of HIV, especially among key populations and vulnerable
communities. These measures shall likewise promote the rights, welfare, and participation
of persons living with HIV and the effected children, young people, families and partners of
persons living with HIV.

a. Evidence-Informed, Gender Sensitive, Age-Appropriate, and Human Rights-based
Preventive measures — The HIV and AIDS preventive programs shall be based on up-to-
date evidence and scientific strategies and shall be age-appropriate. The government
shall therefore actively promote safer sex behavior, especially among key populations;
safer practices that reduce risk of HIV infection; access to treatment; consistent sexual
abstinence and sexual fidelity; and, the consistent and correct condom use.

b. HIV and AIDS Education as a Right to Health and Information - HIV and AIDS
education and information dissemination shall form part of the right to health. The
knowledge and capabilities of all public health practitioners, workers and personnel shall
be enhanced to include skills for proper information dissemination and education on HIV


and AIDS. It shall likewise be considered a civic duty of health providers in the private
sector to make available to the public such information necessary to control the spread
of HIV and AIDS and to correct common misconceptions about the disease. The training
of health workers shall include discussions on HIV-related ethical issues such as
confidentiality, informed consent and the duty to provide treatment.

c. HIV and AIDS Education and Information — The State shall educate the public,
especially the key populations and vulnerable communities, on HIV and AIDS and other
sexually transmitted infections, with the goal of reducing risky behavior, lowering
vulnerabilities, and promoting the human rights of persons living with HIV.

1. HIV and AIDS Education for Key Populations and Vulnerable Communities. - To
ensure that HIV services reach key populations, the State, through the PNAC and in
collaboration with HIV and AIDS civil society organizations, shall support and provide
funding for HIV and AIDS education programs, such as peer education and outreach
activities that target key populations and vulnerable communities. The PNAC shall
likewise craft the guidelines for peer education and outreach activities.

2. Age-Appropriate HIV and AIDS Education in Schools. - Using official information
and data from the PNAC, the Department of Education (DepEd), the Commission on
higher Education (CHED), and the Technical Education and skills Development
Authority (TESDA) shall integrate basic and age-appropriate instruction on the
causes, modes of transmission and ways of preventing the spread of HIV and AIDS
and other sexually transmitted infections in subjects taught in public and private
schools at intermediate grades, secondary and tertiary levels, including non-formal
and indigenous learning systems.

The learning modules that shall be developed to implement this provision shall be
done in coordination with the PNAC and stakeholders in the education sector.
Referral mechanisms, including but not limited to the DSWD Referral System, shall
be included in the modules for key populations and vulnerable communities.

All teachers and instructors to be assigned to handle these learning modules
shall be required to undergo seminars or trainings on HIV and AIDS prevention that
shall be supervised by the PNAC in coordination with concerned agencies.

3. HIV and AIDS Education in the Workplace. — All public and private employees,
workers, managers, and supervisors, including members of the Armed Forces of the
Philippines (AFP) and the Philippine National Police (PNP), shall be provided with
standardized basic information and instruction on HIV and AIDS, including topics on
confidentiality in the workplace and reduction or elimination of stigma and
discrimination.

In coordination with the PNAC, the Civil Service Commission (CSC) for the public
sector and the Department of Labor and Employment (DOLE) for the private sector


shall implement this provision. The CSC and the DOLE shall ensure that the HIV and
AIDS education program in the workplace is industry or sector-appropriate and shall
ensure the full participation of employers and workers in designing the content of
the program. Referral mechanisms for key populations and vulnerable communities
shall be also be developed and instituted by the CSC and the DOLE in coordination
with the PNAC.

4. HIV and AIDS Education for Filipinos Going Abroad. - In coordination with the
PNAC, the Department of Foreign Affairs (DFA) and DOLE shall ensure that all
overseas Filipino Workers, including diplomatic, military, trade, labor official,
personnel and their families to be assigned overseas, shall undergo or attend a
seminar on HIV and AIDS and shall be provided with information on how to access
on-site HIV-related services and facilities before certification for overseas
assignment.

5. HIV and AIDS Education in Communities. - Through the Local HIV and AIDS
Council (LAC) or the Local Health Board and in coordination with the PNAC, local
governments shall conduct public awareness campaigns on HIV and AIDS and shall
educate local communities, through various channels, on evidence-based, gender-
sensitive, age-appropriate and human rights-oriented prevention tools to stop the
spread of HIV. For these purposes, the LGUs are hereby authorized to utilize the
Gender and Development (GAD) Funds for HIV and AIDS education in communities.
In coordination with the Department of Social | welfare and Development, local
governments shall conduct age-appropriate HIV and ADIS education for out-of-
school youths.

6. Information for Tourism and Transients. - Education materials on the cause,
modes of transmission, prevention, and consequences of HIV infection shall be
adequately provided at all international ports of entry and exit. The Department of
Tourism, the DFA, and the Bureau of Immigration, in coordination with the PNAC
and with stakeholders in the tourism industry, shall implement this provision.

d. HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is voluntary
and confidential. All HIV testing facilities shall be required to provide free HIV counseling
to individuals who wish to avail of HIV testing and counseling which shall likewise be
confidential. To implement this provision:

1. The DOH shall accredit public and private HIV testing facilities based on their
capacity to deliver testing services, including HIV counseling. Only DOH-accredited
HIV testing facilities shall be allowed to conduct HIV testing.

2. The PNAC shall develop the guidelines for the conduct of HIV counseling and HIV
testing, including mobile HIV counseling and testing, by testing facilities. The
guidelines shall ensure, among others, that HIV testing is voluntary and confidential


and that HIV counseling is available at all times and provided by qualified persons
and DOH-accredited providers;

3. The PNAC shall accredit institutions or organizations that train HIV and AIDS
counselors; and

4. The PNAC shall set the standards for HIV counseling and shall work closely with
HIV and AIDS civil society organizations that HIV and AIDS counselors and peer
educators.

e. Positive Prevention. - The PNAC, in coordination with the DOH, local government
units, and other relevant government agencies, shall support preventive measures that
shall focus on the positive roles of persons living with HIV. Such preventive measures
shall cover, among others, (i) the creation of rights-based and community-led behavior
change programs that seek to encourage HIV risk reduction behavior among persons
living with HIV; (ii) the establishment and enforcement of rigths-based mechanisms to
encourage newly tested HIV-positive individuals to conduct sexual contract tracing and
to promote HIV status disclosure to sexual partners; (iii) the establishment of standard
precautionary measures in public and private health facilities; (iv) the accessibility of
anti-retroviral treatment, management of opportunistic infections, and health services
related to sexually transmitted infections; and (v) the mobilization of communities of
persons living with HIV, for public awareness campaigns and stigma reduction activities.
The enforcement of this provision shall not lead to or result in the discrimination or
violation of the rights of persons living with HIV.

f. Harm Reduction. - The DILG and the DOH shall establish a human rights and evidence-
based HIV prevention policy and program for people who use and inject drugs.

g. Preventing Mother-to-Child HIV Transmission. - The DOH shall establish a program to
prevent mother-to-child HIV transmission that shall be integrated in its maternal and
child health services.

h. Standards Precaution. - The DOH shall establish guidelines on donation of blood,
tissue or organ, surgical and other similar procedures based on the following principles:

1. Donation of tissue or organs, whether gratuitous or onerous, shall be accepted by
a laboratory or institution only after a sample from the donee has tested negative
for HIV. All donated blood shall also be subjected to HIV testing. HIV positive blood
shall be disposed of properly and immediately. A second testing may be demanded
as a matter of right by the blood, tissue, or organ recipient or his immediate relatives
before transfusion or transplant, except during emergency cases.

Donations of blood tissue, or organ tested positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal requirements.


2. The DOH, in consultation with concerned professional organizations and hospital
associations, shall issue guidelines on precautions against HIV transmission during
surgical, dental embalming, tattooing or similar procedures and guidelines on the
handling and disposition of cadavers, body fluids or wastes of persons known or
believed to be HIV positive. The necessary protective equipment such as gloves,
goggles and gowns shall be made available to all physicians and health care providers
and similarly exposed personnel at all times.

SECTION 9. Treatment, Care and Support for Persons Living with HIV and
AIDS. -

a. National HIV and AIDS Treatment Program. - The DOH shall establish a program to
provide free and accessible anti-retroviral treatment to all citizens living with HIV and
AIDS. Free medication for opportunistic infections shall also be provided to persons living
with HIV who are enrolled in the program. It shall likewise establish or accredit public
and private treatment hubs and shall have authority to develop guidelines on the
provision of anti-retrovirals.

b. Health Insurance. - The Philippine National Health Insurance Corporation
(PHILHEALTH) shall develop an insurance package for persons living with HIV that shall
include coverage for in-patient and out-patient medical and diagnostic services,
including medication and treatment. The PHILHEALTH shall enforce confidentiality in the
provision of these packages to persons living with HIV.

No person living with HIV shall be denied of private health and life insurance coverage
on the basis of the person's HIV status. The Insurance Commission shall implement this
provision and shall develop the necessary policies to ensure compliance.

c. Economic Empowerment and Support. - Persons living with HIV shall not be deprived
of any employment, livelihood, micro-finance, self-help, and cooperative programs by
reason of their HIV status. The DOLE, and the DSWD, in coordination with TESDA and
with local government units, shall develop programs to ensure economic empowerment
and provide economic support to persons living with HIV.

d. Care and Support for Persons Living with HIV. - The DSWD shall develop care and
support programs for persons living with HIV, which shall include peer-led counseling
and support, social protection, welfare assistance, and mechanisms for case
management. These programs shall include care support for the affected children,
families and partners of persons living with HIV.

e. Care and Support for Overseas Workers Living with HIV. - The Overseas Workers
Welfare Administration, in coordination with the DSWD and the DFA, shall develop a
program to provide a stigma-free comprehensive reintegration, care and support
program, including economic, social and medical support, for overseas workers who
have been repatriated or are about to be repatriated due to their HIV status.


SECTION 10. Stigma Reduction and Human Rights. - The country's response to
the HIV and AIDS phenomena shall be anchored on the principles of human rights and
human dignity, and public health concern shall be aligned with the following internationally-
recognized human rights instruments and standards:

a. Prohibition on Compulsory HIV Testing. - As a policy, the State shall encourage
voluntary HIV testing. However, written consent from the person taking the test must
be obtained before HIV testing. If the person is below fifteen (15) years of age or is
mentally incapacitated, such consent shall be obtained from the child's parents, legal
guardian, or whenever applicable, from the licensed social worker, licensed health
service providers, or a DOH-accredited health service provider assigned to provide health
services to the child.

In keeping with the principle of "evolving the capacities of the child’ as defined in
Section 3 (f) of this Act, HIV testing and counseling shall be made available to a child under
the following conditions:

1. The child, who is above the age of fifteen (15) years but below eighteen (18)
years, expresses the intention to submit to HIV testing and counseling and other
related services;

2. Reasonable efforts were undertaken to locate provides counseling to, and to obtain
the consent of, the parents, but the parents are absent or cannot be located, or
otherwise refuse to give their consent;

3. Proper counseling shall be conducted by a social worker, health care provider or
other health care professional, accredited by the DOH or DSWD; and

4. The licensed social worker, health care provider or other health care professional
shall determine that the child is "at higher risk of HIV exposure," as defined in Section
3 (O) of this Act, and that the conduct of the testing and counseling is in the child's
best interest and welfare.

b. Compulsory HIV Testing. - Compulsory HIV testing shall be allowed only in the
following instance:

1. a person is charged with any of the offenses punishable under Articles 264,266,335
and 338 of the Revised Penal Code, as amended by Republic Act No. 8353, otherwise
known as the Anti-Rape Law of 1997;

2. the determination of HIV status is necessary to resolve the relevant issues under
the Family Code;


3. to comply with the provisions of Republic Act No. 7170, also known as the "Organ
Donation Act of 1991";

4. to comply with the provisions of Republic Act NO. 7719, otherwise known as the
" National Blood Services Act of 1994" and

5. to comply with requirements of other countries in applying for overseas
employment.

c. Stigma-Free HIV and AIDS Service - The PNAC, in cooperation with public and private
HIV and AIDS service providers and civil society organizations, and in collaboration with
the Commission on Human Rights, shall ensure the delivery of stigma-free HIV and AIDS
services by government and private HIV and AIDS service providers.

d. Testing of Organ Donation - Lawful consent to HIV testing of a donated human body,
organ, tissue or blood shall be considered as having been giving when:

1. A person volunteers or freely agrees to donate his or her blood, organ, or tissue
for transfusion, transplantation, or research;

2. A person has executed a legacy in accordance with SECTION 3 of Republic Act
NO. 7170; and

3. A donation is executed in accordance with SECTION 4 of Republic Act NO. 7170.

e. HIV Anti-Body testing for Pregnant Women. - A health care provider who offers
prenatal medical care shall make a non-mandatory HIV anti-body testing available for
pregnant women practicing high risk behavior or are vulnerable to HIV. The DOH shall
provide the necessary guidelines for health care providers in the conduct of the
screening procedure.

f. Redress Mechanism. - The Department of Justice and the Commission on Human
Rights, in coordination with PNAC, shall develop redress mechanisms for persons living
with HIV to ensure that their civil, political, economic and social rights are protected.

g. Acts of Discrimination. - The following discriminatory acts shall be prohibited:
1. Rejection of job application, termination of employment, or other discriminatory
policies in hiring, provision of employment and other related benefits, promotion or
assignment of an individual solely or partially on the basis of actual, perceived, or
suspected HIV status;

2. Refusal of admission, expulsion, segregation, imposition of harsher disciplinary
actions, or denial of services or benefits, of a student or prospective student solely
or partially on the basis of actual, perceived or suspected HIV status.


3. Restrictions on travel within the Philippines, refusal of lawful entry to the Philippine
territory, deportation from the Philippines, or the quarantine or enforced isolation of
travelers solely or partially actual, perceived or suspected HIV status;

4. Restrictions on housing or lodging solely or partially on the basis of actual,
perceived or suspected HIV status;

5. Prohibitions on the right to seek an elective or appointive public office solely or
partially on the basis actual, perceived or suspected HIV status.

6. Exclusion from health, accident, or life insurance, credit and loan services,
including the extension of such loan or insurance facilities, of an individual solely or
partially on the basis of actual, perceived or suspected HIV status: Provided, That
the person living with HIV has not misrepresented the fact to the insurance company
or loan or credit service provider upon application;

7. Denial of health service, or be charged with higher fee, on the basis of actual,
perceived or suspected HIV status;

8. Denial of burial services for a deceased person who had HIV and AIDS or who was
known, suspected or perceived to be HIV positive; and

9. Other similar or analogous discriminatory acts.

SECTION 11. Immunity for HIV Educators, Licensed Social Workers, and
other HIV and AIDS Service Providers. - Any person involved in the provision of HIV
and AIDS services including peer educators shall be immune from suit, arrest, or
prosecution, and from civil, criminal or administrative liability, on the basis of their delivery
of such services in Section 8 hereof, or in relation to the legitimate exercise of protective
custody of children, whenever applicable. The Department of Justice (DOJ), the DILG and
the PNP, in coordination with the PNAC, shall develop the mechanism for the
implementation of this provision.

SECTION 12. Confidentially. - The State shall guarantee the confidentiality and
privacy of any individuals who has been tested for HIV, has been exposed to HIV, has HIV
infection or HIV and AIDS-related illness, or has been treatment for HIV-related illness.

a. Confidential HIV and AIDS information. - Unless otherwise provided in Section 12 (c)
of this Act, it shall be unlawful to disclose, without written consent, information that a
person:

1, had an HIV-related test;

2. has HIV infection, HIV-related illness, or AIDS; or

3. has been exposed to HIV.


The prohibition shall apply to any person, natural or juridical, whose work or function
involves the implementation of this Act or the delivery of HIV-related services, including
those who handle or have access to personal data or information in the workplace, and
who, pursuant to the receipt of the required written consent from the subject of
confidential HIV and AIDS information, have subsequently been granted access to the
same confidential information.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer
and director of the film in case of the movie industry, to disclose the name, picture, or
any information that would reasonably identify any person living with HIV or AIDS, or
any confidential HIV and AIDS information, without the prior written consent of their
subject.

b. Released of HIV Testing and HIV-Related Test Result. - The result of any HIV testing
or HIV-related testing shall be released only to the individual who submitted to the test,
or the spouse, if applicable. If the patient is a minor, an orphan, or is mentally
incapacitated, the result may be released to either of the patient's parents, legal
guardian, or a duty assigned social worker, whichever is applicable.

c. Exemptions. - Confidential HIV and AIDS information may be released by HIV testing
facilities without written consent on the following grounds:

1. When complying with the reportorial requirements of the national active and
passive surveillance system of the DOH: Provided, That the information related to a
person's identity shall remain confidential;

2. When informing other health workers directly involved in the treatment or care of
a person living with HIV: Provided, That such workers shall be required to perform
the duty of shared medical confidentiality;

3. When responding to a subpoena duces tecum and subpoena ad testificandum
issued by a Court with jurisdiction over a legal proceeding where the main issue is
the HIV status of an individual: Provided, That the head of the office or department,
shall be property, sealed by its lawful custodian, hand delivered to the Court, and
personally opened by the judge: Provided, further, That the judicial proceedings shall
be held in executive session.

d. Disclosure to Sexual Partners. - Any person who, after having been tested, is found
to be infected with the HIV virus, is obliged to disclose this health condition to the spouse
or sexual partner prior to engaging in penetrative sex or any potential exposure to HIV.
A person living with HIV may opt to seek help from medical professionals, health
workers, or peer educators to support him in disclosing this health condition to one's
partner or spouse.


e. Civil Liability - Any person who has obtained knowledge of confidential HIV and AIDS
information and has used such information to malign or cause damage, injury, or loss
to another person may face liability under Articles 19, 20, 21, and 26 of the Civil Code.

SECTION 13. National HIV and AIDS Program. - A sex-year National HIV and
AIDS Program shall be formulated and periodically updated by PNAC. The Program shall
comprise of the following: a). the country's targets and strategies in addressing the
epidemic; b) the prevention, treatment, care and support, and other components of the
country response; c) the five-year operationalization of the program and the identification
of the government agencies that shall implement the program from the national to the local
levels; and d) the budgetary requirements and a corollary investment plan that shall identify
the sources of funds for its implementation.

SECTION 14. National HIV and AIDS and STI Prevention and Control
Program of the Department of Health. -The National HIV and AIDS and STI Prevention
and Control Program (NASPCP) of the Department of Health, which shall be staffed by
qualified medical specialist and support personnel with permanent appointments, shall
coordinate with PNAC for the implementation of the health sector's HIV and AIDS and STI
response, as identified in the National HIV and AIDS Program.

SECTION 15. HIV and AIDS Monitoring and Evaluation. - The DOH shall
establish a comprehensive HIV and AIDS monitoring and evaluation program that shall
serve the following purposes:

a. Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippine to help the national response determine the efficacy and adequacy of HIV
prevention and treatment programs;

b. Receive, collate, process, and evaluate all HIV and AIDS-related medical reports from
all hospitals, clinic, laboratories and testing centers, including HIV-related deaths and all
relevant data from public and private hospitals, various databanks or information
systems. Provided, That it shall adopt a coding system that ensures anonymity and
confidentiality; and

c. Submit an annual report to the Office of the President, Congress, and members of the
PNAC the findings of its monitoring and evaluation activities in compliance with this
mandate.

SECTION 16. Misinformation on HIV and AIDS as a Prohibited Act. -
Misinformation on HIV and AIDS through false and misleading advertising and claims, or
the promotional marketing of drugs, device, agents or procedures without prior approval
from the PNAC, and the Food and Drug Authority (FDA) and the requisite medical and
scientific basis, including markings and indications in drugs and devices or agents,
purporting to be a cure or fail-safe prophylactic for HIV infection, shall be prohibited.


SECTION 17. Prohibition on the Use of Condoms and Other Safer Sex
Paraphernalia as Basis for Raids and Similar Police Operations. - It shall be |awful
to use the presence of used or unused condoms or other safer sex paraphernalia to conduct
raids or similar police operations in sites and venues of HIV prevention interventions. The
DILG shall establish a national policy to guarantee the implementation of this provision.

SECTION 18. Penalties. - The following penalties and sanctions shall be imposed

for the offenses enumerated in this Act:
a. Any person found guilty of violating Section 9 (b); Section 10 (b); Section 10 (g); and
Section 12 (a, b, c and e) of this Act shall suffer the penalty of imprisonment for six (6)
months to five (5) years and/or a fine of not less than Fifty Thousand Pesos
(P50,000.000) but not more than Five Hundred Thousand Pesos (P500,000.00), without
prejudice to the imposition of administrative sanctions such as fines and suspension or
revocation of the entity's business permit, license or accreditation or the individual's

license to practice his or her person.

b. Any person who commits any act of discrimination as stipulated in Section 10 (g) of
this Act may face liability under Articles 19, 20, and 21 of the Civil Code.

c. Any person who commits any act of violating Section 11 of this Act shall suffer the
penalty of imprisonment for six (6) months to five (5) years and a fine of not less than
One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.000): Provided, That if the violator is a law enforcer or a public official,
administrative sanctions may be imposed in additional to the above penalties.

d. Any person found guilty of violating Section 16 of this Act shall suffer the penalty of
imprisonment for two (2) months to two (2) years, without prejudice to the imposition
of administrative sanctions such as fines and suspension or revocation of professional
or business license.

e. Any person or any law enforcer found guilty of violating Section 17 of this Act shall
suffer the penalty of imprisonment for one (1) year to five (5) years and a fine of not
less than One Hundred Thousand Pesos P100,000.00) but not more than Five Hundred
Thousand Pesos (P500,000.00). Law enforcer found guilty of violating this section shall
be removed from public service.

f. Any person who knowingly or negligently causes another to get infected with HIV in
the course of the practice of one's profession through unsafe and unsanitary practice or
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12)
years, without prejudice to the imposition of administrative sanctions such as fines and
suspension or revocation of the license to practice one's profession. The permit or license
of any business entity and the accreditation of HIV testing centers may be cancelled or
withdrawn if said establishments fail to maintain such safe practices and procedures as


may be required by the guidelines formulated in compliance with Section 8 (h-2) of this
Act.

The penalties collected pursuant to this Section shall be deposited in the National
Treasury as income of the general fund.

SECTION 19. Duty of Employers, Heads of Government Officers, Heads of
Public and Private Schools or Training Institute, and Local Chief Executives. - It
shall be the duty of private employers, heads of the government offices, heads of private
and public schools or training institutions, and local chief executives over all private
establishments within their territorial jurisdiction, to prevent or dater acts of discrimination
against persons living with HIV, and to provide for procedures for the resolution, settlement,
or prosecution of acts of discrimination: Towards this end, the employer. head office or
local chief executive shall:

a. Promulgate rules and regulations prescribing the procedure for the investigation of
discrimination cases and the administrative sanctions therefor.

b. Create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the knowledge and understanding of HIV
and AIDS, and to prevent incidents of discrimination. It shall also conduct the
administrative investigation of alleged cases of discrimination.

SECTION 20. Congressional Oversight Committee. - To ensure the effective
implementation of this Act, a Congressional Oversight Committee, that shall be established,
hereinafter referred to as the HIV and AIDS Oversight Committee, that shall be composed
of three members (3) from the Senate, who shall include the Chairperson of the Senate
Committee on Health and Demography, and three (3) members from the House of
Representatives, who shall include the Chairperson of the House Committee on Health, The
HIV and AIDS Oversight Committee shall be jointly chaired by the Chairperson of the Senate
Committee on Health and Demography and the House Committee on Health.

The oversight committee shall exist for a period not exceeding three (3) years from
the effective of this Act, after which the oversight functions shall be undertaken by the
Committee on Health and Demography of the Senate of the Philippines and the Committee
on Health of the House of Representatives.

SECTION 21. Appropriations. - The initial amount necessary to implement the
provision of this Act shall be charged against the current year's appropriation of the
Philippine National Aids Council under the Department of Health. Thereafter, such sums as
maybe necessary for the continued implementation of this Act shall be included in the
‘Annual General Appropriations Act.


SECTION 22. Implementing Rules and Regulations. - The Philippine National
AIDS Council shall promulgate the necessary implementing rules and regulations within sixty
(60) days from the effectivity of this Act.

SECTION 23. Transitory Provision. - The personnel designated by the Department
of Health as the Secretariat of PNAC under Section 47 of RA 8504 shall be absorbed as
permanent personnel to fulfill the Secretariat functions stipulated in this Act.

SECTION 24. Separability Clause. - Any portion or provision of this Act that may
be declared unconstitutional or invalid shall not have the effect of nullifying the other
portions and provisions hereof as long as such remaining portion or provision can still subsist
and be given effect in their entirety.

SECTION 25. Repealing Clause. - Republic Act NO. 8504, otherwise known as the
"Philippine AIDS Prevention and Control Act of 1998" and all decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent herewith are
hereby repealed, amended or modified accordingly.

SECTION 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in any national paper of general circulation.

Approved,