Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILE. NO, _ 4849

introduced by HON, RENE LOPEZ RELAMPAGOS
1* District, Bohol

EXPLANATORY NOTE

Recent devetopments and advancements in medicine and technology have cuuic possible
the transplantation of human organs, tissues or par's from one person to another. Ti demand for
issues or paras hus erown at a slewoi'y increasing pace in the market. Hursan organ and
We trading have become iucrative busines: a source of easy but big profit.

Many people are lurct into yelling theit orans, tissues or pasts with uh: promise of
money as consideration. In the sresent set up, 1t is usually the poor and uneducated Liat are luted
imo selling their organs. tissues or narts for the benetit of rich recipient

Commodifics'ior of human organs. tissues or parts has led io exploitation born -.ut of
social inequalitics mong the members of society. It is act oniy socially problematic int also
morally repugnant. It is enshrired in the Philippine Constitution that the dignity a1 persis must
be respectea and preserved ai il] cost. The commodification of the human bods i- ai: attack
agains! human dignity.

tt is .1e policy urder the Constitution tor the State to protect and promot: the right to
health of the peoply. Cc mmereialization of human organs is an affront to this poiicy Sockal
Justice also demands tha: the state protect those wao are vulnerable to exploitation 19d zbuse.

ities

Ventured into tedical tcurism in the year 2003, healt
ig patients. With + vo (2) years hundred. of patients from foreign
ines for organ (msu3 kidney transplantation.

opened the:e services to fe
countries had visited the #1

According to the Departn.2ot of Health (012), wenty (20) medical facitities
Man:la alox:z perfor organ iranspiantation. Seven of these facitities were i und t
violated a DOH A.lmiaisuative Order manda‘irg tat only ten percent ¢ 10%
wansplantacion shouid be for fo-vign recipients.

According 10 the Philizoine Society of Nephrology. there were four nuns
documented kidney transplants fiom local donors to foreign recipients between the years 2002
and 2005 of more than Forty percent (40%) of total kidney transplaats despite the ten percent
410%) limit on foreigh beneficiaries. By 2007. the number of foreign recipients hac reacl
huadred twerty eight (528) for that yeas alone, ev2n more the number of Filipino recip:

ans and
nsulted

Prctests fi
Development (Ds

ssscemed medical professicnals and the Department of Socisi W
the attention o* Presidert Glo.ia Macajagal Arroys 37



Directive to the DOH to totally ban organ transplantation to foreigners in the
Philippines using Filipino living non-related donors in March of 2008

The current system to supervise organ uanspiantation is not enough to deter unscrupulous
individuals from exploiting poor Filipinos inte organ trade. According 10 Santosh Digal ia an
Asia News report dated February 9, 2007, more than three thousand (3,000 ) Filipinos have heen
Victims of kidney trading. This report is confirmed in a BioFdge report that stated that many
depressed areas in the Philippines have been identified as ‘hotspots! for organ trading including.
Baseco Tondo. Caloocan, Novaliches. Montalban, Carmona, Quezon, Camarines Norte. Masbate.
Samar. Surigao, Agusan, Zamboanga, Davao and North Cotabato.

There is a need for greater institutionalized measures to protect the vulnerable. poor and
uneducated from being exploited into selling their organs. It is imperative that a law be passed
prohibiting and penalizing commercial dealings in human organs to deter those who would prey
on the vulnerabilities of others and entice them to sell their organs for consideration. ‘This bill
aims to prohibit this form of commodification and penalize those who engage in the same

C

RENE Lf vil RELAMPAGOS,


Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILLNO. 4849

Introduced by HON. RENE LOPEZ RELAMPAGOS
1° District, Bobol

AN ACT

{O INSTITUTE POLICIES TO PROHIBIT COMMERCIAL DEALINGS
IN HUMAN ORGANS, TISSUES AND/OR PARTS, PROVIDING PENALTIES
THEREFOR FOR ITS VIOLATIONS, AND FOR OTHER PURPOS!

SECTION. 1. Title - This Act shail be known as the “Anti-Commercial Dealings in
Human Organs and/or Tissues Act”,

SEC. 2. Declaration of Poticy. - tis hereby declared that the State values the di
of every human person and guarantees the respect of individual rights. in pursuit of this policy
the State shall give highest priority to the enactment of measures and development of programs.
projects and policies that will promote human dignity. protect the people from any threst of
Violence and exploitation, and prevent and eliminate commercial dealings in human organs.
issues and/or paris.

1h shall be a State policy to recognize the inherent buman dignity of persons as ensbri
in the United Nations Universal Declaration on Human Rights. United Nations Convention
Ayainst ‘Iransnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Tratticking in Persons, Especially Women and Children. Optional Protocol on the Sale of
Children. Child Prostitution and Child Pornography 10 the UN Convention on the Rights of the
Child, World Health Organization's Guiding Principles on Human Organ Transplantation and all
other relevant and universally accepted human rights instruments and other intematwnal
conventions to which the Philippines is a signatory

SEC. 3. Definition of Terms. - As used in this Act:

(1) Advertisement — inctudes any form of advertising or the promotion of goods. sert.ces
or ideas through paid announcements in the print, broadcast or electronic media whether to the
public generally or lo any section of the public or individually selected persons for the purpase of
promoting commercial dealings in human organs, tissues and/or parts,

(2) Commercial Dealings — refers to the sale, barter or any transaction of human organs.
tissues and/or parts which involves consideration in whatever form and any transaction invol
the illegal trafticking of human organs and/or tissues through whatever means and acting as a
broker for such transactions whether for money or any other consideration in violation of this
Aci, However. this Joes not apply among persons related up to the 1” degree of consanguinity:

(3) Hospital — a tavility devoted primarily to the diagnosis, ueatment and care of
individuals sutfering from illness. disease, injury or deformity, or in need of obstetrical or other


medical and nursing care. It shall aiso be construed as any institution, building or place where
there are facilities and personnel for the continued and prolonged care of patients. It includes a
nursing honte. clinic, medical center, medical or teaching institution for therapeutic purposes and
other like institution,

(4) Human organ — includes, but is not limited 10, a human kidney, liver, heart. lung.
pancreas. or any other human organ or nonrenewable or nonregenerative tissue except plasma
and sperm

(5) Organvtissue Bank Storage Facility — a facility licensed, accredited or approved under
the law for storage of buman bodies or parts thereof.

(6) Part ~ includes transplantable organs, tissues. eyes, bones, arteries, blood. other Nuids
and other portions of the human body.

(7) Physician — refers to a physician licensed or authorized to practice medicine under
the laws of the Republic of the Philippines.

{8) Valuable consideration ~ means financial gain or advantage, but does not include: the
reasonable costs associated with the removal, storage, transportation, and transplantation of a
human onan. tissue and/or part, or reimbursement for those services, or the expenses of travel,
housing. and lost wages incurred by the donor.

SEC. 4. Prohibited Acts - lt shall be unlawful for any person, natural or juridi
commit any of the following acts;

(1) To advertise in any manner, whether formally through print or broadcast media or
informally, an offer to sell, barter or transact in human organs, tissues and/or parts or an offer to
acquire. buy or to receive human organs, tissues andor parts for consideration in whatever form:

(2) Vo advertise, publish, print, broadcast or distribute. or cause the advertisenent.
publication. printing, broadcasting or distribution by any means. including the use of information
technology and the internet, or any brochure, flyer, or any propaganda material that promotes
commercial dealings in human organs, tissues and/or parts:

(3) To recruit, transport, transfer, barbor, provide, or receive a person by any means. for
the sale, hurter, or any transaction of human ongans, tissues and/or parts which involves
consideration in whatever form;

(A) To offer consideration in money, kind or services for the purpose of acquiring. buying.
offering, selling, or trading human organs, tissues and/or parts;

(5) To uct as u facilitator, middleman, broker or other similar role in the sale. barter or
other transaction of human organs, tissues and/or parts for consideration in whatever form:

(6) To engage in the sale, barter or other transaction of human organs, tissues and/or parts
tor consideration in whatever form;

(7) To store and/or handle parts with the knowledge that the human organs, tissues and/or
parts has been acquired or transferred or sold for consideration in whatever form:

(8) To deliver, transport, transfer and/or distribute human organs, tissues and/or parts with
the knowledye that the human organs, tissues and/or parts has been acquired of transfered or
sold for consideration in whatever form:


(9) To remove or transplant human organs, tissues and/or parts with the knowledge that
the human organs, tissues and/or parts has been acquired or transferred ot sold lor cunsideration
in Whatever form:

(10) To consent to the transplantation of human organs, tissues and/or parts and be
wansplanted with the same with the knowledge that the human organs, tissues and/or purts has
been acquired or transferred or sold for consideration in whatever form:

(11) Co otfer to supply hurnan organs. tissues and/or parts for consideration or initiates or
negotiates any argument for the supply thereof or for an offer to supply human organs, tissues
and/or parts:

(12) To engage in the tading of human organs, tissues and/or parts lor consideration in
whatever form:

(13) To recruit or invite persons to supply human organs,
ideration:

issues and/or parts for

(14) lo make or reecive payment for the supply of or for an offer to supply human
‘organs. tissues and/or parts.

SEC. 5. Acts that Promote or Facilitate Commercial Dealings in Human Organs
and/or Tissues. - The following acts which promote or facilitate commercial dealings in human
‘organs, tissues and/or parts shall be unlawful:

(1) To knowingly 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 andor
parts:

(2) ‘To produce, print and issue or distribute publications whick include advertisements of
the sale. barter, of other transactions on human organs. tissues and/or parts for consideration in
whatever form:

(3) To knowingly benefit from, financial or otherwise. from commercial dealings in
human onuns. tissues and/or parts;

(4) ‘To maintain a data bank of prospective commercial donors.

SEC. 6 Qualified Commercial Dealings in Human Organs and/or Tissues. - the
following are considered as qualified commercial dealings in human organs and/or tissues:

(1) When the crime is committed by a syndicate, or in large scale. Commercial dealing

1 human organs, tissues and/or parts is deemed committed by a syndicate if carried 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 of as a
group:

(2) When the offender is a medical practitioner, doctor or physician or when the offense
is committed by a public officer or employee;

(3) When the crime is committed by ¢ corporation, association or a group:

(4) When the victim of the crime is @ minor or those already of age but are unable 1


fully take care of themselves or protect themselves from abuse, neglect, cruelty. exploitation or
discrimination because of a physical or mentai disability or condition: and,

(5) When the victim was forced to enter irto the commercial dealing of hisvher organs
tissues and/or parts duc to force, violence. intimidation, threat, fraudulent machinations, grave
abuse of authority and other similar means which vitiate free will and consent;

(6) When the donor suffered severe complications as a result of organ removal and died
us a consequence thereof

SEC. 7. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act may file a complaint for commercial dealings in
human organs, tissues and/or parts.

SEC. 8. Venue. - A criminal action arising from violation of this Act shall be tiled
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
cous.

SEC. 9. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses cnumerated in the Act:

41) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million
pesos (P t.000,000.00) but not more than Two million pesos (P 2.000,000.00);

(2) Any person found guilty of committing any of the acts enumerated in Sectior: 3 shall
sulter the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P 500,000.00) but not more than One million pesos (P 1.000,000.00):

(3) Any person found guilty of qualified commercial dealing in human organs and/or
tissues under Section 6 shall suffer 4 penalty of life imprisonment and a fine of uot less than Two
miltion pesos (P 2,000,000.00) but not more than Five million pesos (P 5,000,000.00):

(4) LE the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or
any responsible officer who participated in the ‘commission of the crime or who shall have
knowingly permitted or failed to prevent its commission;

(5) The registration with the Securities and Exchange Commission (SEC) and license w
operate of the erring corporation, association, or group shall be cancelled and revoked
permanentiy. The owner, president, partner or manager thercof shall not be allowed te operate
similar establishments in a different name;

(6) 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, olli
doctors with knowledge of the illegat acts and participates therein including the medical stati:

(7) The license of the hospital, clinic or medical institution with the Department of Health
and other regulatory institutions shall be cancelled and revoked and the license to practi
medical professionals found guilty of the illegs! acts shall be cancelled and revoked:

cof

18) If the offender is a foreigner, he shal: be immediately deported after serving his
sentence and be barred permanenity from entering the country:


(9) Any employce or official of government agencies who shall commit the probibited
avis enumerated under Section 4 and Section 3 shall be held administratively liable. without
prejudice to criminal liability under this ‘et. The concerned government official or employee
shall, upon conviction, be dismissed from the service and be barred permanently to hold public
office, His/her retirement and other benefits stall be likewise be forfeited.

SEC. 10. Preseriptive Period. - Commercial dealing in human organs. tissues auor
purts cases under this Act shall prescribe in ten (10) years; provided however, that cases under
Section 6 of this Act shail prescribe in twenty (20) years.

The prescriptive period shull commence to run from the day on which the organ. tissue
anWor part subject of the commercial dealings has been 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 (o run again when the proceedings
lerminate without the accused being convicted or acquitted or unjustifiably stopped for any
reason not imputuble (o the accused,

Il. Confiscation and Forfeiture of the Proceeds and Instruments Derived
form Commercial Dealings in Human Organs and Tissues, - In addition to the penalty
imposed for the violation of this Act, the court shall order the confiscation and forfeiture. in favor
‘of Use government. of all the proceeds and properties derived from the commission of the ©
unless they are the property of a third person not liable for the unlawful act: Provided, however.
that all awards tor 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
trom the confiscated and forfeited properties.

me.

When the proceeds, properties and instuments of the offense have becr destroyed.
ed in value of otherwise rendered worthless by any act or omission. directly or
of the offender, or it has been concealed, removed, converted or transferred to picvent
the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered 10
pay the umount equal to the value of the proceeds, property or instruments of the offense.

SEC. 12. Preferential Option to be State Witnesses and Entitlement under the
Witness Protection Program, - Any person who allowed the removal of his/her organ’s ti:
and/or pars for consideration in whatever form shall have the option to be a state witness and
shall be entitled w the witness protection program under Republic Act No. 6981.

SEC. 13, Duty of Hospitals and Organ/Tissue Bank Storage Facility. - 11 shall be
the duty of all hospitals to ensure that all removal and ransplantation of human onpans. ussues
andor 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 Organ/Tissue Bank Storave
Facility to ensure that all organs, tissues or parts stored in the lacility were cot acquired or
received for consideration in whatever form in contravention of this Act and to report tw the
proper authorities any contravention of this Act.

All hospitals and medical institutions shall create a Hospital Kthics Commitize whose
purpose is 10 improve health care delivery and outcomes by helping to identity, analyze and
resolve ethical dilemmas as they emerge predominantly through consultation, education and
policy development. The Ethics Committee shall make recommendations in determining the
cthical principles and policies on organ, tissue and part transplantation in order to prevent and
avoid panicipation of the hospital, whether directly or indirectly, in commercial dealings in
human organs, tissues and/or parts.



All hospitals. medical institutions, organ or tissue bank storage facility shall record all
omgans. tissues and/or parts received, the source of the donation, the purpose for the donation. the
names of the persons concemed, the date of the donation, storage, removal or transplant of the
oman. tissue and/or part and other relevent information necessary. ‘The records and documents
containing such information shall be made available and transparent to the public. whenever
necessary.

All hospitals, medical institutions, organ or tissue bank storage facility shall subm
periodic reports which shall include relevant records and documents to the Oversight Committee
against Commercial Dealings in Human Organs and/or Tissues as defined under the next section
on their compliance with the provisions of this Act.

SEC. 14, National Transplant Ethies Committee. - The National Transplant Ethics
Conmmittee who shall formulate a national ethical standards or guidelines on organ donation and
iransplantation for the approval of the Philippine Board for Organ Donation and Transptantation,
shall assist the Board in the resolution of ethical issues and in the monitoring of uunsplant
ies 10 ensure compliance with ethical standards or guidelines.

SEC. 15. Oversight Committee against Commercial Dealings in Muman Organs,
Tissues and/or Parts, - There is hereby created an Oversight Committee against Commercial
Dealings in Human Orgens and/or Tissues composed of the Secretaries of the Department of
Health. the Department of Justice and the Department of Social Welfare and Development. wo
(2) representatives trom the private medical sector and two (2) representatives from Non-
Government Organizations (NGOs), as members.

SEC. 16. Functions of the Oversight Committee, - ‘The Oversight Committee 2
Commercial Dealings in Human Organs. Tissues and/or Parts shall have the following functions:

(1) Yo set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act:

(2) To ensure the formulation of programs, projects and policies and their transparency
and require the submission of reports from government agencies concemed on the conduct of
programs, projects and policies relating to the impkementation of this Act;

(3) To approve the budget for the programs of the Oversight Committee. including
compensation of all personnel;

(4) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;

{5} To determine inherent weaknesses in the law and recommend the nw
legistation of executive measures: and

sary remedial

(6) ‘lo perform such other duties, functions and responsibilities as may be necessary t
elfcetively attain the objectives of this Act.

SEC. 17. Adoption of Committee Rules and Regulations. - In aid of its oversight
functions, the Oversight Committee agains: Commercial Dealings in Human Organs. ‘Tissues
and/or Parts shall adopt its internal rules of procedure, conduct investigations and reccive
testimonies, reports, and technica: advice. invite or summon any public official, private citizen,
or any other person (o appear before it, or require any person to produce documents or other
materials consistent with the provisions of this Act.



‘The Oversight Committee against Commercial Dealings in Human Oryans, ‘tissues
and/or Parts shail be assisted by a secretariat to be composed of personnel that may be seconded
from the Departments invelved and may retain consultants.

SEC. 18, Programs against Commercial Dealings in Human Organs, Tissues andior
Parts, - There shall be a comprehensive program to be formulated by the Oversight Committe:
ayainst Commercial Dealings in Human Organs and/or Tissues in coordination with other
vemment agencies and private sector concemed, within onc (1) year from the effectivity of
Act. prevent commercial dealings in human organs and/or tissues for consideration in

thi:
whatever torm.

SEC. 19. Funding. - The amount necessary to carry out the powers and functions of the
Oversight Committee against Commercial Dealings in Human Organs, Tissues and/or Parts and.
for the effective implementation of the Act is hereby authorized to be appropriated under the
regular budget of the Department of Health.

SEC. 20. Implementing Rules and Regulations. - The Oversight Committee a:
‘Commercial Dealings in Human Organs, Tissues and/or Parts shall promulgate the nece:
implementing rules and regulations within six (6) months from the effectivity of this Act.

SEC. 21. Separability Clause. — If for any reason any scetion or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof shall not be atfecied
thereby.

SEC. 22. Repealing Clause. — All laws, presidential decrees, executive orders and
rules and regulations. of parts thereof, inconsistent with the provisions of this Act are hereby
repealed or moditied accordingly.

SEC. 23. Effectivity. ~ This Act shall take effect fifteen (15) days following the
conipletion ot its publication in the Officiat Gazette or in two (2) national newspapers of general
circulativn

Approved,