FOIJRTEENTH CONGRESS OF THE REPUBLIC 
- 
OF THE PHILIPPINES 
Second Regular Session 
‘S. B. 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Recent developments and advancements in medicine and technology have made 
possible the transplantation of human organs, tissues or parts from one person to another. 
The demand for organs, tissues or parts has grown at a steadily increasing pace in the 
market. Human organ and tissue trading has become lucrative business, a source of easy 
but big profit. 
Many people are lured into selling their organs, tissues or parts with the promise 
of money as consideration. In the present set up, it is usually the poor and uneducated 
that are lured into selling their organs, tissues or parts for the benefit of rich recipients. 
Commodification of human organs, tissues or parts has led to exploitation born 
out of social inequalities among the members of society. It is a policy under the 
Constitution for the State to protect and promote the right to health of the people. 
Commercialization of human organs is an affront to this policy. Social justice also 
demands that the state protect those who are vulnerable to exploitation and abuse. 
When the government ventured into medical tourism in the year 2005, health 
facilities opened their services to foreign patients. Within two (2) years, hundreds of 
patients from foreign countries such as but not limited to the United States of America, 
Canada, Korea, Japan as well as states in the Middle East and South Pacific had visited 
the Philippines for medical purposes, many for organ (mostly kidney) transplantation. 
According to the Department of Health (DOH), twenty (20) medical facilities in Metro 
Manila alone perform organ transplantation. Seven of these facilities were found to have 


violated a DOH Administrative Order mandating that only ten percent (10%) of organ 
transplantation should be for foreign recipients. According to the Philippine Society of 
Nephrology, there were four hundred (400) documented kidney transplants from local 
donors to foreign recipients between the years 2002 and 2005 or more than forty percent 
(40%) of total kidney transplants despite the ten percent (10%) limit on foreign 
beneficiaries. By 2007, the number of foreign recipients had reached five hundred 
twenty eight (528) for that year alone, even more than the number of Filipino recipients. 
Dr. Albert0 Chua of the Philippine Society of Nephrology and the University of 
the East Ramon Magsaysay Memorial Medical also revealed that seventy-five percent 
(75%) of these foreign recipients were Middle Eastern nationals. 
Protests from 
concerned medical professionals and the Department of Social Welfare and Development 
(DSWD) caught the attention of President Gloria Macapagal Arroyo and resulted in a 
Presidential Directive to the DOH to totally ban organ transplantation to foreigners in the 
Philippines in March of 2008. 
The current system to supervise organ transplantation is not enough to deter 
unscrupulous individuals from exploiting poor Filipinos into organ trade. According to 
Santosh Digal in an Asia News report dated February 9, 2007, more than three thousand 
(3,000) Filipinos have been victims of kidney trading. 
This bill aims to prohibit this form of commodification and penalize those who 
would engage in the same. 


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Second Regular Session 
i 
SENATE 
Introduced by Senator Miriam Defensor Santiago 
AN ACT PROHIBITING THE 
COMMERCIALIZATION OF HUMAN ORGANS, 
TISSUES OR PARTS OF LIVING PERSONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Commercialization of 
Human Organs, Tissues or Parts of Living Persons Act of 2009.” 
SECTION 2. Declaration of Policy. - The State values the dignity of every human person 
and guarantees the respect of human dignity. The State protects and promotes the right to health 
of the people. It recognizes the need to prevent commercial trade and trafficking in human 
organs and tissues of living persons and gives highest priority to the enactment of measures and 
development of programs, projects and policies that will promote human dignity and the health 
of the people, protect them from any threat of violence and exploitation, and prevent and 
eliminate commercial trade and trafficking in human organs, tissues or parts. 
SECTION 3. DeBnition of Terms. -As used in this Act, the following terms shall mean: 
(a) Advertisement - includes any form of advertising or the promotion of goods, services 
or ideas through paid or unpaid announcements in print, broadcast or electronic media whether to 
the public generally or to any section of the public or individually to selected persons for the 
purpose of promoting commercial dealings in human organs, tissues or parts; 
(b) Commercial Dealings - refers to: (1) the sale, barter, or any transaction of human 
organs, tissues or parts which involves consideration in whatever form; (2) any transaction 
involving the trafficking of persons for the purpose of sale of human organs, tissues or parts 


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through whatever means; and, (3) acting as a broker or participating in any way for such 
transactions for any consideration in violation of this Act; Provided, that the parties are not 
legally married or genetically related up to the fourth (4") degree of consanguinity; 
(c) Hospital - a facility devoted primarily to the diagnosis, treatment and care of 
individuals suffering from illness, disease, injury or deformity, or in need of surgical, obstetrical 
or other medical and nursing care. It shall also be construed as any institution, building or place 
where there are facilities and personnel for the aforementioned purposes. It includes but is not 
limited to a nursing home, cIinic, medical center, medicar teaching institution and other similar 
institutions; 
(d) Human organ - includes, but is not limited to human kidney, liver, heart, lung, 
pancreas, cornea, skin or any other human organ or part or any nonrenewable or nonregenerative 
tissue; 
(e) OrgadTissue Bank or Storage Facility - a facility licensed, accredited or approved 
under the law for storage ofhuman bodies, organs or parts thereof; 
(0 Medical Practitioner - refers to any physician, dentist, nurse, pharmacist or 
paramedical or other supporting personnel (including medical and dental technicians, nursing 
assistants, and therapists); 
(8) Allowable Reimbursement - refers to the reasonable costs incurred by a donor 
associated with the legal removal, storage, transportation, and transplantation of a human organ, 
tissue or part, or the expenses of travel, housing, and lost wages, medical expenses and insurance 
of the donor for death or complications that arise from the donation; 
(h) Organ Provider - refers to the person from whom the OrgdTissue is taken. 
SECTION 4. Prohibited Acts. - It shall be unlawful for any person, natural or juridical, to 
commit any of the following acts: 
(a) To advertise or cause to be advertised in any manner, whether formally or informally 
through print, broadcast or electronic media including the internet an offer to sell, barter or 
transact in human organs, tissues or parts or an offer to acquire, buy or receive human organs, 
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tissues or parts for consideration in whatever form or any material that promotes commercial 
dealings in human organs, tissues or parts; 
(b) To recruit, transport, transfer, harbor, provide, or maintain a person by any means, for 
the sale, barter, or any transaction of human organs, tissues or parts which involves consideration 
in whatever form; 
(c) To offer consideration in money, kind or services for the purpose of acquiring, 
buying, offering, selling, or trading human organs, tissues or parts; 
(d) To act as a facilitator, middleman, broker or play other or similar roles in the sale, 
barter or other transaction of human organs, tissues or parts for consideration in whatever form; 
(e) To engage in the trade, sale, barter or other transaction of human organs, tissues or 
parts for consideration in whatever form; 
(f) To store or handle human organs, tissues or parts that have been acquired or 
transferred or sold for consideration in whatever form; 
(g) To deliver, transport, transfer or distribute human organs, tissues or parts that have 
been acquired or transferred or sold for consideration in whatever form; 
(h) To remove or transplant or participate in the removal or transplantation of human 
organs, tissues or parts that have been acquired or transferred or sold for consideration in 
whatever form; 
(i) To offer to supply human organs, tissues or parts for consideration or initiate or 
negotiate any arrangement for the supply thereof or for an offer to supply human organs, tissues 
or parts; 
(j) To recruit or invite persons to supply human organs, tissues or parts for consideration; 
(k) To make or receive payment for the supply of or for an offer to supply human organs, 
tissues or parts. 
SECTION 5. Acts that Promote or Facilitate Commevcialization of Human Organs, 
Tissues or Parts. - The following acts which promote or facilitate commercialization of human 
organs, tissues or parls shall be unlawful: 
(a) To lease or sublease, use or allow to be used any house, building or establishment for 
the purpose of promoting commercial dealings in human organs, tissues or parts; 
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(b) To produce, print, issue or distribute publications which include advertisements of the 
sale, barter, or other transactions on human organs, tissues or parts for consideration in whatever 
form; 
(c) To maintain a data bank of prospective commercial donors. The Philippine Board of 
Organ Donation and Transplantation established under this Act shall promulgate rules to provide 
for proper authorization of data bank of prospective donors. 
SECTION 6. QualiJied Commercialization of Human Organs or Tissues. - If any acts 
under Section 4 and 5 are committed under the following circumstances, the crime committed 
shall be qualified commercialization of human organs and tissues: 
(a) When the crime is committed by a syndicate, or in large scale. Commercial dealing in 
human organs, tissues or parts is deemed committed by a syndicate if carried out by a group of 
three (3) or more persons conspiring or confederating with one another. It is deemed committed 
in large scale if committed against three (3) or more persons, individually or as a group; 
(b) When the offender is a medical practitioner, doctor or physician or when the offense 
is committed by a public officer or employee or a law enforcer or member ofthe military; 
(c) When the crime is committed by a corporation, association or a group; 
(d) When the victim of the crime is a minor or is already of age but unable to fully take 
care of himself or protect himself from abuse, neglect, cruelty, exploitation or discrimination 
because of a physical or mental disability or economic vulnerability; 
(e) When the victim was forced to enter into the commercial dealing of hisher organs, 
tissues or parts by force, violence, intimidation, threat, fraudulent machinations, grave abuse of 
authority or other similar means which vitiate free will and consent; 
(9 When the organ provider suffers severe complications as a result of organ removal or 
died as a consequence thereof; and 
(9) When the tissuelorgan is transported, or when there is attempt to transfer the 
tissue/organ outside Philippine territory. 
SECTION 7. Presumptions. - Any of the following circumstance shall be considered 
primafacie evidence of commercialization of organs and tissues of living person: 


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(a) When the money or value of the thing or object given to the donor far exceeds the 
costs of allowable reimbursement that may be received by the donor; and, 
(b) When the recipient of the organ or tissue is a foreign national not related to the donor 
up to the fourth (4'h) degree of consanguinity. 
SECTION 8. Prosecution of Cases. - Any person who has personal knowledge of the 
commission of any offense under this Act may file a complaint for commercialization of human 
organs, tissues or parts of living persons with the Prosecutor where the offense was committed or 
with the Office of the State Prosecutor of the Department of Justice. 
SECTION 9. Venue. - A criminal action arising from violation of this Act shall be filed 
where the offense was committed, or where any of its elements occurred: Provided, that the 
court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other 
courts. 
SECTION 10. Custody. - When necessary, the organ provider may be placed under the 
protective custody of the Department of Social Welfare and Development pursuant to its 
mandate under Executive Order No. 292. 
SECTION 11. Immunity from Criminal Prosecution. - The State Prosecutor may exempt 
from prosecution any person who has personal knowledge of the commission of any of the 
offenses penalized under the Act and who voluntarily gives material information relative thereto 
and willingly testifies against the offender for the offense with reference to which his 
information and testimony were given, notwithstanding any laws or rules on the discharge of the 
accused to be a state witness, subject to the following conditions: 
(a) The information and testimony are necessary for the conviction of the accused; and 
(b) Such information and testimony are not yet in the possession of the state. 
SECTION 12. Extraterritorial Protection. - An organ provider or a prospective organ 
provider who is a Filipino national and allowed the removal of hidher organs, tissues or parts for 
consideration outside the territorial jurisdiction of the Philippines shall be entitled to protection 
from the state through the Department of Foreign Affairs (DFA) and its agents, which protection 
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shall include but is not limited to the following; medical assistance, legal assistance, 
psychosocial services, rehabilitative services and repatriation of victims. 
The DFA shall monitor cases of Filipino nationals outside of the Philippines who were 
victimized by commercial dealings in organs, tissues or parts and coordinate with different 
governmental agencies, non-governmental organizations and other support groups to combat 
commercialization of organs, tissues or parts of Filipino nationals outside of the Philippines. 
SECTION 13. Penalties and Sanctions. - The following penalties and sanctions are 
hereby established for the offenses enumerated in the Act: 
(a) Any person found guilty of committing any of the acts enumerated in Section 4 
shall suffer the penalty of reclusion temporal and a fine of not less than One million pesos 
(Pl,OOO,OOO.OO) but not more than Two million pesos (P2,000,000.00); 
(b) Any person found guilty of committing any of the acts enumerated in Section 5 
shall suffer the penalty ofprision mayor and a fine of not less than Five hundred thousand pesos 
(P500,OOO.OO) but not more than One million pesos (Pl,OOO,OOO.OO), 
except that an organ 
provider found guilty of committing the Acts provided under Section 5, paragraphs h and k shall 
suffer the penalty of arrest0 mayor and a fine of not less than One thousand pesos (P l,OOO.OO) 
but not more than Five thousand pesos (l'5,OOO.OO); 
(c) Any person found guilty of qualified commercial dealing in human organs or 
tissues under the circumstances provided in Section 6 shall suffer the penalty of reclusion 
perpertua and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five 
million pesos (P5,000,000.00); 
(d) If the offender is a corporation, partnership, association, club, establishment or any 
juridical person, the penalty shall be imposed upon the owner, president, partner, manager, or 
any responsible officer who participated in the commission of the crime or who shall have 
knowingly permitted or failed to prevent its commission; 
(e) The registration with the Securities and Exchange Commission (SEC) and license 
to operate of the erring corporation, association, or group shall be cancelled and revoked 
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permanently. The owner, president, partner or manager thereof shall not be allowed to operate 
similar establishments under a different name; 
(f) If the offender is a hospital, clinic or other similar licensed medical institution, the 
penalty shall be imposed upon its owner, president, director, members of the board, officials and 
doctors and/or other members of the medical, nursing and allied staff with knowledge of the 
illegal acts and participates therein; 
(9) The license of the hospital, clinic or medical institution with the Department of 
Health and other regulatory institutions shall be cancelled and revoked permanently and the 
license to practice of medical, nursing and allied professionals found guilty of the illegal acts 
shall be cancelled and revoked permanently; 
(h) If the offender is a foreigner, he shall be immediately deported after serving his 
sentence and be barred permanently from re-entering the country; 
(i) Any employee or official of government agencies who shall commit the prohibited 
acts enumerated under Section 4 and Section 5 shall be held administratively liable, without 
prejudice to criminal liability under this Act. The concerned government official or employee 
shall, upon conviction, be dismissed from the service and be barred permanently to hold public 
office. Hidher retirement and other benefits shall likewise be forfeited. 
SECTION 14. Prescriptive Period. - Commercialization in human organs, tissues or 
parts cases under this Act shall prescribe in ten (IO) years; provided however, that cases under 
Section 6 of this Act shall prescribe in twenty (20) years. 
The prescriptive period shall commence to run from the day on which the organs, tissues 
or parts subject of the commercial dealings were removed for the purpose of transplantation or 
when the crime was discovered by authorities and shall be interrupted by the filing of the 
complaint or information and shall commence to run again when the proceedings terminate 
without the accused being convicted or acquitted or unjustifiably stopped for any reason not 
imputable to the accused. 
SECTION 15. Confiscation and Forfeiture of the Proceeds and Instruments Derived from 
Commercial Dealings in Human Organs and Tissues. - In addition to the penalty imposed for 
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the violation of this Act, the court shall order the confiscation and forfeiture, in favor of the 
government, of all the proceeds and properties derived from the commission of the crime, unless 
they are the property of a third person not liable for the unlawful act: Provided, however, that all 
awards for damages shall be taken from the personal and separate properties of the offender: 
Provided, further, that if such properties are insufficient, the balance shall be taken from the 
confiscated and forfeited properties. 
When the proceeds, properties and instruments of the offense have been destroyed, 
diminished in value or otherwise rendered worthless by any act or omission, directly or 
indirectly, of the offender, or have been concealed, removed, converted or transferred to prevent 
the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to 
pay the amount equal to the value of the proceeds, property or instruments of the offense. 
SECTION 16. Duty of Hospitals and OrgadTissue Bunk Storage Facility. - It shall be 
the duty of all hospitals to ensure that all removal and transplantation of human organs, tissues or 
parts do not contravene the provisions of this Act and to report to the proper authorities any 
contravention of this Act. Likewise, it shall be the duty of OrgadTissue Bank Storage Facility to 
ensure that all organs, tissues or parts stored in the facility were not acquired or received for 
consideration in whatever form in contravention of this Act and to report to the proper authorities 
any contravention of this Act. 
All hospitals and medical institutions shall create a Hospital Ethics Committee whose 
purpose is to improve health care delivery and outcomes by helping to identify, analyze and 
resolve ethical dilemmas as they emerge predominantly through consultation, education and 
policy development. The Ethics Committee shall make recommendations in determining the 
ethical principles and policies on organs, tissues or parts transplantation in order to prevent and 
suppress commercialization in human organs, tissues or parts in their hospitals or institutions, 
provided that these are in conformity with national ethical standards and policies. 
All hospitals, medical institutions, organ or tissue bank storage facility shall record all 
organs, tissues or parts retrieved, llle source of the donation, the purpose for the donation, the 
names, address and contact numbers of the persons concerned including but not limited to the 
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surgeon, donor and recipient, the date of the donation, storage, removal or transplant of the 
organs, tissues or parts and other relevant information necessary and make a determination that 
the organs, tissues or parts is not a product of commercialization. The records and documents 
containing such information shall be made available and transparent to the public. 
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All hospitals, medical institutions, organ or tissue bank storage facility shall submit 
periodic reports which shall include relevant records and documents to the Philippine Board for 
Organ Donation and Transplantation as defined under section 18 on their compliance with the 
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provisions of this Act 
SECTION 17. Philippine Board for Organ Donation and Transplantation (PBODT). - 
There is hereby established a Philippine Board for Organ Donation and Transplantation which 
shall formulate and oversee the implementation of policies related to organ transplantation. It 
shall have the following functions: 
(a) Formulate, review and approve policies in support of a rational, ethical, accessible and 
equitable organ transplantation program in the country; 
(b) Set up a system of accreditation of transplant facilities and approve the issuance of a 
Certificate of Accreditation of transplant facilities; 
(c) Set the guidelines and overall monitoring and evaluation framework and ensure the 
proper implementation of this Act; 
(d) Require the submission of reports from government and non-government agencies 
concerned with the conduct of programs, projects and policies relating to the implementation of 
this Act; 
(e) Submit periodic reports to the President of the Philippines and Congress on the 
implementation of the provisions of this Act; 
(0 Determine inherent weaknesses in the law and its implementation and recommend the 
necessary remedial legislation or executive measures; and 
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(g) Perform such other duties, functions and responsibilities as may be necessary to 
effectively attain the objectives of this Act. 
SECTION 18. Composition ofthe Board. - The Philippine Board for Organ Donation 
and Transplantation shall be composed of the following: 
(a) The Secretary of Health as Chairperson; 
@) The Secretary of Social Welfare and Development as Chairperson; and 
The following as Members: 
(a) The Chief Executive Officer of the Philippine Health Insurance Corporation or his 
representative; 
(b) Representative from a government transplant facility on a rotational basis and for a 
term of two (2) years, to be appointed jointly by the chairpersons; 
(c) Representative from a private transplant facility, on a rotational basis and for a term of 
two (2) years, to be appointed jointly by the chairpersons; 
(d) The President of the Philippine Society of Nephrology; 
(e) The President of the Philippine Society of Transplant Surgeons; 
(t) Representative from a Non-Government Organization engaged in health care 
advocacy, on a rotalional basis and for a term of two (2) years, to be appointed jointly by the 
chairpersons; 
(g) Expert on bioethics, on a rotational basis and for a term of two (2) years, to be 
appointed jointly by the chairpersons; 
SECTION 19. National Transplant Ethics Committee. - There is hereby established a 
National Transplant Ethics Committee which shall formulate national ethical standards or 
guidelines on organ donation and transplantation for the approval of the Philippine Board for 
Organ Donation and Transplantation and shall assist the Board in the resolution of ethical issues 
and in the monitoring of transplant facilities to ensure compliance with ethical standards or 
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guidelines. It shall also perform such other duties, functions and responsibilities assigned by the 
PBDOT as may be necessary to effectively attain the objective of this Act. 
SECTION 20. Composition. - The National Transplant Ethics Committee shall be 
appointed by the PBODT and shall be composed of the following: 
(a) One representative from transplant hospitals, on a rotational basis and for a term of 
two (2) years; 
(b) One representative from non-transplant hospitals, on a rotational basis and for a term 
of two (2) years; 
(c) A representative from the Department of Health; 
(d) A representative from the Department of Social Welfare and Development; and 
(e) Three (3) experts on bioethics, on a rotational basis and for a term of two (2) years in 
consultation with the academe, Non-Government Organizations or faith-based organization. 
The members of the Committee shall designate their Chairman by a majority vote. 
SECTION 21. Honoraria or Emoluments. - The Members of the PBODT or their 
designated permanent representatives shall receive honoraria or emoluments as may be 
determined by the Board in accordance with existing budget and accounting rules and 
regulations. In the same manner, the Members of the National Transplant Ethics Committee 
shall receive honoraria or emoluments. 
SECTION 22. Adoption of Board Rules and Regulations. - In aid of its oversight 
functions, the Philippine Board for Organ Donation and Transplantation shall adopt its internal 
rules of procedure, conduct investigations and receive testimonies, reports, and technical advice, 
invite or summon any public official, private citizen, or any other person to appear before it, or 
require any person to produce documents or other materials as it may need consistent with the 
provisions of this Act. 
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The Philippine Board for Organ Donation and Transplantation shall be assisted by a 
secretariat to be composed of personnel that may be seconded from the Departments involved. 
The PBODT may retain consultants and other employees. 
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In the same manner, the members of the National Transplant Ethics Committee shall 
adopt its rules of procedure and shall be assisted by a Secretariat. 
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SECTION 23. Programs against Commercialization of Human Organs, Tissues or Parts. 
- There shall be a comprehensive program to be formulated by the Philippine Board for Organ 
Donation and Transplantation in coordination with other government agencies and private sector 
concerned, within one (1) year from the effectivity of this Act, to prevent commercialization of 
human organs, tissues or parts of living persons for consideration in whatever form. Within the 
same period, the PBODT shall also establish a comprehensive program for deceased organs, 
tissues or parts donation. The program for deceased organs, tissues or parts donation shall be 
without prejudice to living donation of organ, tissue and part, provided that this is done without 
consideration of whatever means in violation of this Act. 
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The Board shall initiate and sustain an intensified nationwide public education campaign 
to raise the level of public awareness on commercialization of organs, tissues or parts of living 
persons and organ trafficking and to promote deceased organs, tissues or parts donation. 
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SECTION 24. Appropriation. - Congress shall appropriate the amount of Fifty Million 
Pesos (50,000,000 Php) for the initial implementation o€ this Act. Out of the total amount, 
Twenty Four Million Pesos (24,000,000 Php) shall be allocated for advocacy and promotion of 
deceased organs, tissues or parts donation and the initial implementation of the Comprehensive 
Program for Deceased Organs, tissues or parts Donation, Twenty Four Million Pesos 
(24,000,000 Php) shall be allocated for the initial formulation and implementation of the 
Comprehensive Program Against Commercialization of Human Organs, tissues or parts, and 
Two Million Pesos (2,000,000 Php) shall be allocated for administrative expenses incidental to 
the implementation of the aforementioned Programs. 
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After the initial implementation of this Act, the amount necessary to carry out the 
Program is hereby authorized to be appropriated under the regular budget of the Department of 
Health. 
SECTION 25. Implementing Rules and Regulations. - The Philippine Board for Organ 
Donation and Transplantation shall promulgate the necessary implementing rules and regulations 
within six (6) months from the effectivity of this Act. 
SECTION 26. 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. 
SECTION 27. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
with the provision of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 28. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/abg170409 
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