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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
, : ,::, 
{~j!.rr Ilf !I;P .~r'\.'f"t!ly\t 
Second Regular Session 
"i' 
APR 16 [,2:2] 
SENATE 
S. No. 
272Ji 
\ '1 , 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR AN EFFECTIVE HUMAN IMMUNODEFICIENCY VIRUS (HIV)/ 
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PROGRAM IN 
PRISONS' 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 states: "The State shall protect and promote 
the right to health of the people and instill health consciousness among them." 
Republic Act No. 8504, also known as the Philippine AIDS Prevention and 
Control Act of 1998, Section 2, provides: 
768. 
Scc. 2. Declaration of Policies. - Acquired Immune Deficiency 
Syndrome (AIDS) is a disease that recognizes no territorial, social, 
political and economic boundaries for which there is no known cure. The 
gravity of the AIDS threat demands strong State action today, thus: 
(a) The State shall promote public awareness about the 
causes, modes of transmission, consequences, means of 
prevention 
and 
control 
of 
HIV/AIDS 
through 
a 
comprehensive nationwide educational and information 
campaign organized and conducted by the State. Such 
campaigns shall promote value formation and employ 
scientif1cally proven approaches, focus on the family as a 
basic social unit, and be carried out in all schools and training 
centers, workplaces, and communities. This program shall 
involve affected individuals and groups, including people 
living with HIV/AIDS. 
(b) The State shall extend to every person suspected or 
known to be infected with HIV/AIDS full protection of 
his/her human rights and civil liberties. 
(c) The State shall promote utmost safety and universal 
precautions in practices and procedurcs that carry the risk of 
HIV transmission. 
1 This bill was originally tiled in the United States 141h Congress, First Regular Session, as House Bill No. 


Thirty years since it was discovered, the Human Immunodeficiency Virus (HIV) is 
no longer the "slow and hidden" disease amicting the Philippines. Given the increasing 
number of EIV cases per year, the Joint United Nations Programme on mV/AIDS 
(UNA IDS), in its 2012 Global AIDS (Acquired Immune Deficiency Syndrome) 
Epidemic Report, categorized the Philippines as one of nine countries with a growing 
mv epidemic. 
Recent news reports revealed that twelve inmates of the Cebu City .J ail were found 
positive for HIV. The findings came after the National Bureau of Investigation isolated 
imprisoned drug lords who have allegedly turned the state penitentiary into a major hub 
for illegal drug trafficking. 2 
This bill seeks to provide an effective HIV / AIDS program in prisons in order to 
mitigate the spread of the dreaded disease among inmates. This is in line with the State's 
policy to encourage rehabilitation among prisoners and even provide them with proper 
healthcare. 
2 Dacanay, Barbara Mae. "Twelve Prisoners in Central Philippines Positive for HIV." Gulf News. Published 
on 26 March 2015 at http://gulfnews.com/news/asia/philippines/twclvc~prisonel's-in-celltral~philippines-positive-for­
hiv-1.I479574 Last accessed 27 March 2015. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SEN~n: 
S. No. 
~'128 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'Ji APR Hi P 2 :23 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
PROVIDING FOR AN EFFECTIVE HUMAN IMMUNODEFICIENCY VIRUS (HIV)/ 
3 
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PROGRAM IN PRISONS 
4 
SECTION I. Short Title. - This Act shall be known as the "Stop AIDS in Prisons 
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Act." 
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SECTION 2. Comprehensive HIVIAIDS Policy. -
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(a) In General. - The Bureau of Corrections (hereinafter in this Act referred to as 
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the 'Bureau') shall, together with the Department of Health, develop a comprehensive 
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policy to provide HIV testing, treatment, and prevention for inmates within the 
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correctional setting and upon reentry. 
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(b) Purpose. - The purposes of this policy shall be as follows: 
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(I) To stop the spread ofHIV/AIDS among inmates. 
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(2) To protcct prison guards and other personnel from HIV/AIDS infection. 
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(3) To provide comprehensive medical treatmcnt to inmates who are living 
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with HIV/AIDS. 
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(4) To promote HIV/AIDS awareness and prevention among inmates. 
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(5) To encourage inmates to take personal responsibility [or their health. 


(6) To reduce the risk that inmates will transmit HIV/AIDS to other persons 
2 
in the community following their release from prison. 
3 
(c) Consultation. - The Bureau shall consult with appropriate officials of thc 
4 
Department of Health, the Philippine National AIDS Council, the Research Institute for 
5 
Tropical Medicine, and the Departmcnt of Justice regarding the development of this 
6 
policy. 
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(d) Time Limit. - The Bureau shall drall appropriate rcgulations to implement this 
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policy not later than one year after the date of the enactment of this Act. 
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SECTION 3. Requirementsjor Policy. 
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The policy created under section 2 shall do the following: 
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(l) Testing and Counseling Upon Intake. -
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(A) Health care personnel shall provide routine HlV testing to all 
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inmates as a part of a comprehensive medical examination immediately 
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following admission to a facility. (Health care personnel need not provide 
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routine HlV testing to an inmate who is transferred to a facility from 
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another facility if the inmate's medical records are transferred with the 
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inmate and indicate that the inmate has been tested previously.) 
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(B) To all inmates admitted to a facility prior to the effective date of 
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this policy, health care personnel shall provide routine HlV testing within 
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no more than six months. HIV testing for these inmates may be performed 
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in conjunction with other health serviccs provided to these inmates by 
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health care pcrsonnel. 
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(C) All HIV tcsts under this paragraph shall comply with the opt-out 
25 
provision. 
2 


(2) Pre-Test and Post-Test Counseling. -
Health care personnel shall 
2 
provide confidential pre-test and post-test counseling to all inmates who are tested 
3 
for mv. Counseling may be included with other general health counseling 
4 
provided to inmates by health care personnel. 
5 
(3) HIV/AIDS Prevention Education.-
6 
(A) Health care personnel shall improve mY/AIDS awareness 
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through frequent educational programs for all inmates. mY/AIDS 
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educational programs may be provided by community based organizations, 
9 
local health departments, and inmate peer educators. 
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(B) HIV/AIDS educational materials shall be made available to all 
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inmates at orientation, at health care clinics, at regular educational 
12 
programs, and prior to release. Both written and audio-visual materials shall 
13 
be made available to all inmates. 
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(C)(i) The HIViAIDS educational programs and materials under this 
15 
paragraph shall include information on -
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(1) modes of transmission, including transmission through 
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tattooing, sexual contact, and intravenous drug use; 
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(II) prevention methods; 
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(III) treatment; and 
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(IV) disease progression. 
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(ii) The programs and materials shall be culturally sensitive, written 
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or designed for low literacy levels, available in a variety of local languages, 
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and present scienti11cally accurate information in a clear and understandable 
manner. 
(4) HIY Testing Upon Request.-
(A) Health care personnel shall allow inmates to obtain HIY tests 
upon request once per year or whenever an inmate has a reason to believe 
the inmate may have been exposed to HIY. Health care personnel shall, 
both orally and in writing, inform inmates, during orientation and 
periodically throughout incarceration, of their right to obtain HIY tests. 
(B) Health care pcrsonnel shall encourage inmates to request HIY 
tcsts if the inmate is sexually active, has been raped, uses intravenous 
drugs, receives a tattoo, or if the inmate is concerned that the inmate may 
have been exposed to HIY/AIDS. 
(C) An inmate's request for an HIY test shall not be considered an 
indication that the inmate has put him/herself at risk of infection and/or 
committcd a violation of prison rules. 
(5) HIY Testing of Pregnant Women.-
(A) Health care personnel shall provide routine HIY testing to all 
inmates who become pregnant. 
(B) All HIY tests under this paragraph shall comply with the opt-out 
provision. 
(6) Comprehensive Treatment.-
(A) Health care personnel shall provide all inmates who test positive 
forHIY -
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(i) timely and comprehensive medical treatment; 
(ii) confidential counseling on managmg their medical 
condition and preventing its transmission to other persons; and 
(iii) voluntary partner notification services. 
(B) Health care provided under this paragraph shall be consistent 
with current Department of Health and Philippine Health Insurance 
Corporation guidelines and standard medical practice. Health care 
personnel shall discuss treatment options, the importance of adherence to 
antiretroviral therapy, and the side effects of medications with inmates 
receiving treatment. 
(C) Health care personnel and pharmacy personnel shall ensure that 
the facility formulary contains all Food and Drug Administration-approved 
medications necessary to provide comprehensive treatment for inmates 
living with HIV I AIDS, and that the facility maintains adequate supplies of 
such medications to meet inmates' medical needs. Health care personnel 
and pharmacy personnel shall also develop and implement automatic 
renewal systems for these medications to prevent interruptions in care. 
(D) Correctional staff, health care personnel, and pharmacy 
personnel shall develop and implement distribution procedures to ensure 
timely and confidential access to medications. 
(7) Protection of Confidentiality. -
(A) Health care personnel shall develop and implement procedures 
to ensure the confidentiality of inmate tests, diagnoses, and treatment. 
Health care personnel and correctional staff shall receive regular training on 
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the implementation of these procedures. Penalties for violations of inmate 
confidentiality by health care personnel or correctional staff shall be 
specified, based on existing laws, and strictly enforced. 
(B) HIV testing, counseling, and treatment shall be provided in a 
confidential setting where other routine health services are provided and in 
a manner that allows the inmate to request and obtain these services as 
routine medical services. 
(8) Testing, Counseling, and Referral Prior to Reentry.-
(A) Health care personnel shall provide routine mv testing to all 
inmates no more than three months prior to their release and reentry into the 
community. (Inmates who are already known to be infected need not be 
tested again.) This requirement may be waived if an inmate's release occurs 
without sufJicient notice to the Bureau to allow health care personnel to 
perform a routine HIV test and notify the inmate of the results. 
(B) All HIV tests under this paragraph shall comply with the opt-out 
provision. 
(C) To all inmates who test positive for HIV and all inmates who 
already are known to have EIV/AIDS, health care personnel shall provide--
(i) confidential prerelease counseling on managing their 
medical condition in the community, accessing appropriate treatment 
and services in the community, and preventing the transmission of 
their condition to family members and other persons in the 
community; 
6 


(ii) referrals to appropriate health care providers and social 
2 
service agencies in the community that meet the inmate's individual 
3 
necds, including voluntary partner notification services and 
4 
prevention counseling services for people living with HIY/ AIDS; 
5 
and 
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(iii) a 30-day supply of any medically necessary medications 
7 
the inmate is currently receiving. 
8 
(9) Opt-Out Provision. - Inmates shall have the right to refuse routine HIY 
9 
testing. Inmates shall be informed both orally and in writing of this right. Oral and 
10 
written disclosure of this right may be includcd with other general health 
II 
information and counseling provided to inmates by health care personnel. If an 
12 
inmate refuses a routine test for HIY, health care personnel shall make a notc of 
13 
the inmate's refusal in the inmate's confidential medical records. However, the 
14 
inmate's refusal shall not be considered a violation of prison rules or result in 
15 
disciplinary action. Any reference in this section to the . opt-out provision' shall be 
16 
deemed a reference to the requirement of this paragraph. 
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(10) Exclusion of Tests Performed Under Republic Act No. 8504 on the 
18 
Exception to the Prohibition on Compulsory Testing HIY Testing. - HIY testing 
19 
required under Republic Act No. 8504, Section 17, is not routine HIY testing for 
20 
the purposes of the opt-out provision. Health care personnel shall document the 
21 
reason for testing as required by law, in the inmate's confidential medical records. 
22 
(11) Timely Notification of Test Results. - Health care personnel shall 
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provide timely notification to inmates of the results ofHIY tests. 
7 


SECTION 4. Reporting Requirements. -
2 
(a) Report on Hepatitis and Other Diseases. - Not later than one year aller the date 
3 
of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau 
4 
policies and procedures to provide testing, treatment, and prevention education programs 
5 
for hepatitis and other diseases transmittcd through sexual activity and intravenous drug 
6 
use. The Bureau shall consult with appropriate officials of the Department of Health, the 
7 
the Philippine National AIDS Council, the Research Institute for Tropical Medicine, and 
8 
the Department of Justice regarding the development of this report. 
9 
(b) Annual Rcports.-
10 
(1) Generally. - Not later than two years after the date of the enactment of 
11 
this Act, and then annually thereafter, the Bureau shall report to Congress on the 
12 
incidence among inmates of diseases transmitted through sexual activity and 
13 
intravenous drug use. 
14 
(2) Matters Pertaining to Various Diseases. - Reports under paragraph (I) 
15 
shall discuss -
16 
(A) the incidence among inmates ofHIV/AIDS, hepatitis, and other 
17 
diseases transmitted through sexual activity and intravenous drug use; and 
18 
(B) updates on Bureau testing, treatment, and prevention education 
19 
programs for these diseases. 
20 
(3) Mattcrs Pertaining to I-IIV/AIDS Only. - Reports under paragraph (I) 
21 
shall also include -
22 
(A) the number of inmates who tested positive for HIV upon intake; 
23 
(B) the number of inmates who tested positive prior to reentry; 
8 


(C) the number of inmates who were not tested prior to reentry 
2 
because they were released without sufficient notice; 
3 
(D) the number of inmatcs who opted-out of taking the test; 
4 
(E) the number of inmates who were tested under R.A. No. 8504; 
5 
and 
6 
(F) the number of inmates under treatment for HIV/AIDS. 
7 
(4) Consultation. - The Bureau shall consult with appropriate officials of 
8 
the Department of Health, the Philippine National AIDS Council, the Research 
9 
Institute for Tropical Medicine, and the Department of Justice regarding the 
10 
development of reports under paragraph (I). 
11 
SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid 
12 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
13 
remain valid and sUbsisting. 
14 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, 
15 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
16 
or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
17 
accordingly. 
18 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
19 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
9