FIFTEENTH CONGRESS, )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1720

EXPLANATORY NOTE

House Bill No.,

With millions of Filipinos living on less than 1 dollar a day, the
Philippines has become one of the world's ‘hotspots’ for organ harvesting
Poverty has driven many Filipinos to “donate” organs in exchange for money
with foreign recipients paying as much as 30,000 dollars for new kidneys. Due
to high demand, illegal brokers prey on poor Filipinos who are forced to sell
their kidneys and other organs for fast cash. Media reports on transplantation
have highlighted the potential for abuse and manipulation of these donors
who are mostly poor.

There are stories where a “donor’ was able to better her life with the
use of the money she received for the “donation”. However, these stories are
very scarce. A release from the Philippines Against Child Trafficking (PACT)
revealed that in most instances, the money paid to “donors failed to improve
their economic conditions or provide a sustainable source of income. Some
organ providers have even become recruiters because of the need to
augment their earnings.

In a study by the Philippine Society of Nephrology (PSN) of a cluster of
donors in a province southeast of Manila, many of those who sold their
kidneys were found to be suffering from various medical problems, such as
hypertension and above-normal creatinine levels. In one case, a 50-year-old
man died from a heart attack just a few months after he sold his kidney for
110,000 pesos. The PSN also noted that while foreign recipients pay a huge
amount for new kidneys, most of the money is pocketed by brokers, including
doctors, who find the donors and convince them to donate. Donors only
receive about 3,000 dollars for a kidney.

In 2007, a total of 1,046 kidney transplants were conducted in the
Philippines, with more than 50 per cent of the recipients being foreigners,
violating a 10-per-cent cap on the number of transplants to foreign recipients
that was imposed in 2003. More than 80 per cent of the donors were not
related to the recipients.


In response to this situation, the Department of Health issued
Administrative Orders 2008-0004 and 2008-00044. These administrative
orders laid down the guidelines and provided for prohibitions with regard to
organ donations. However, despite these Administrative Orders, there is still
rampant black market organ harvesting. To remedy this, it is imperative that
the Administrative Orders be given more teeth and provide for stricter
implementation and harsher penalties.

In view of the foregoing, immediate passage of this bill is earnestly
requested,

RUFI . RODRIGVEZ

< Wy

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES _—)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__1720

AN ACT
REGULATING ORGAN DONATION AND TRANSPLANTATION IN THE
PHILIPPINES, PROVIDING FOR PENALTIES FOR ITS VIOLATIONS AND
FOR OTHER PURPOSES

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

SECTION 1, Declaration of Policy. It is the policy of the State to ensure that
safety and health of its citizens. And to protect its citizens from abuses both
from Filipinos and foreigners.

SEC. 2. Definition of Terms.

A. Living Related Donors (LRDs) - They are related by blood within
the fourth-degree of consanguinity. (i.e. parents, children, siblings,
nephews/nieces, first cousins)

B. Living, Non-Related Donors (LNRDs) ~ They are not related to the
recipients by blood but have the willingness and intention to donate
an organ based on certain reasons. These donors are classified
into:

i. Voluntary Donors - Those who are not related by
blood to the recipient but bear close emotional ties
with him/her
Commercial Donors - Also known as organ vendors
who offer their organs for sale. They usually engage
the services of a broker or agent. Payment or promise
‘of payment is a precondition and pre-requisite to the
organ donation.

a. Directed Organ Donor - someone who has a specific
recipient in mind whom he would want to donate to. This
follows the principle known as donor designation wherein the
donor's wishes are given due course._

b. Non-Directed Organ Donor - a donor who would donate to
whoever he/she matches on a list of waiting patients for
organ transplant.


SEC. 3. Principles and Rules on Organ Donation and Transportation.

a

Non-directed donated organs belong to the community. Such organs
must be allocated fairly among transplant centers and among
recipients. Determination of priority shall be based on medical need
and probability of success
The criteria to be adopted in determining allocation of organs must be
‘objective and independent of gender, race, creed, culture and socio-
economic status.
Only organs that are voluntarily donated with full informed consent by a
competent adult shall be subject for transplantation. All health and
health related facilities shall not allow the trade or commerce of organ
vendors.
No harm should occur to the donor or recipient in the process of
transplantation whether immediate or post transplantation.
All stakeholders shall have a common objective of safeguarding the
health of both the recipient and the donor.
Organ donation must be done first and foremost out of selflessness
and philanthropy to save and ensure the quality of life of the
beneficiary
Organ donation must be done out of the donor's:

i. Competence

ii, Willingness to donate

ili, Freedom from coercion

iv, Medical and psychosocial suitability

v. Consent which he gave while being fully-informed of the

risks and benefits as a donor
vi. Consent which he gave knowing the risks, benefits and
other alternative treatments available to the recipient.

Filipino recipients shall be given priority in the donor allocation. Inability
to pay should not be a deterrent for their prioritization and delivery of
services.
The safety of both donor and recipient shall be given highest
consideration and transparency regarding the risks to both shall be
pursued rigorously
Payment as precondition for organ donation and sale and purchase of
organs by organs vendors/commercial donors are strictly prohibited.
Organ transplantation is not part of medical tourism
All health and health-related facilities and professionals shall not allow
trade of organs.
Directed or non-directed LNRDs are permitted only in cases when they
are voluntary donors as defined under Section 2 of this Act.
Foreigners are not eligible to receive organs from Filipino NLRD's
except when the donor is an LRD.

. All health and health-related facilities shall implement and adopt quality

standards and practices in the medical and organizational
management of organ transplantation. The Department of Health shall
enforce and monitor these facilities through their licensing and

accreditation rules and regulations to ensure accessibility, quality and
sustainability of the services.


p. Inno instance shall organs be transported or exported abroad.

SEC. 4. Funding. —- The National Government shall allocate Fifty Million Pesos
(P50,000,000) annually in support of the operations of the organ donation and
transplantation program under the Department of Health.

SEC. 5. Violations and Sanctions. — Violators of Sections 3 and 4 of this Act
shall be liable for imprisonment of at least Two (2) years and a fine of at least
Two Hundred Thousand Pesos (P200,000)

In addition, non-compliance with Sections 3 and 4 of this Act by the
health and health related facilities shall be cause for the suspension of its
license to operate.

Any violation by a professional shall be forwarded to the DOH or PRC
for appropriate sanctions without prejudice to the filing of appropriate civil and
criminal proceedings.

SEC. 6. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 7. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provisions this Act is hereby repealed,
modified or amended accordingly.

SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved.