FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. 1092 
Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
This bill seeks to eliminate the waiting list for human organs and eradicate the 
lucrative trade in organ trafficking. It will give a second life to terminally ill patients. 
In this program, once a Filipino reaches the age of 18, he will be informed that he 
is automatically an organ donor in the event of untimely death unless he "opts out" or 
specifically refuse to donate his organs. This "opt out" or dissent solution has been 
practiced successfully for many years in Singapore, Spain, Israel, Sweden and Austria. 
Sadly, our country does not have enough organs for transplant. Yearly, 
thousands of patients die while waiting for available organs. Traditionally, we have 
relied on living related volunteers. II') the event that there is no match within the family, 
desperate patients have resorted to "buying" organs from poor, unrelated donors. 
The overwhelming demand for organ donors has lead to abuse, manipulation 
and exploitation due to organ traffickjng. Our country is known notoriously where organs 
can be had for only P30,000; and organ donors are often exploited by middlemen and 
foreigners. 
The World Health Organization has identified the Philippines as the 5th 
Organ Trafficking Hotspot, along with China, Pakistan, India and Colombia. 
This is indeed a medical emergency. Every year, the prevalence of kidney 
diseases is increasing. 10,000 to 12,500 Filipinos nationwide develop end-stage renal 
disease (ESRD) annually. 50-60% of the patients are suitable kidney transplant 
candidates but only less than 10% are actuallY' transplanted because of insufficient 
organ supply. 
Everyone is a potential in the dissent or "opt out" approach. This new approach 
will require intensive education of donors, patients and Philippine society as a whole. 
However, it will ultimately prove to be the most practical, humane and charitable 
solution both for donors and patients. It will eliminate the cruel and heartless waiting list 
for organs, protect the poor from organ trafficking and will give a second life to those 
who are desperately ill. 
In the light of the foregoing, the immediate passage of this urgent bill is earnestly 
sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. 1092 
Introduced by Senator Manny Villar 
AN ACT 
TO REGULATE ORGAN TRANSPLANTATION AND APPROPRIATING FUNDS 
THEREFOR 
Be it enacted by the Senate and 'House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "Human Organ Transplant 
Act." 
SEC. 2. 
Declaration of Policy. - It is the policy of the state to protect and 
promote the health of the people. 
mean: 
SEC. 3. Definition of Term!!. -
As used in the Act the following terms shall 
(a) "Advertisement" - includes every form of advertising, whether in a publication, 
or by the display of any notice or signboard, or by means of any catalogue, 
price list, letter (whether circulated or addressed to a particular person) or 
other documents, or by words inscribed on ny article, or by the exhibition of a 
photograph or a cinematograph film, or by way of sound recording, sound 
broadcasting or television; or in any other way, and any reference to the issue 
of an advertisement shall be construed accordingly 
(b) "Authorized medical practitioner" -
means a person who is registered, or 
deemed to be registered, as a medical practitioner under the law and who has 
been authorized to remove any organ pursuant to section 9 or to transplant 
any such organ 
(c) "Death" - the irreversible cessation of circulatory and respiratory functions or 
the irreversible cessation of all functions of the entire brain, including the brain 
stem. A person shall be medically and legally dead if either: (1) In the opinion 
of the attending physicia~, based on the acceptable standards of medical 
practice there is an absence of natural respiratory and cardiac function and, 
attempts resuscitation would not be successful in restoring those functions. In 
this case, death shall be deemed to have occurred at the time when these 
functions ceased; or (2) In the opinion of the consulting physician, concurred 
din by the attending physician, that on the basis of acceptable standards of 
medical practice, there is an irreversible cessation of all brain functions; and 
considering the absence of such functions, furthers attempts at resuscitation 
or continued supportive maintenance would not be successful in restoring 
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such natural functions. In this case, death shall be deemed to have occurred 
at the time when these conditions first appeared. 
(d) "Decedent" - a deceased individual, and includes a still born infant or fetus 
(e) "Donor" - an individual authorized under this Act to donate all or part of the 
body or decedent 
(f) "Hospital" - a hospital licensed, accredited, or approved under the law, and 
includes a hospital operated by the government 
(g) "Investigating officer" - means an officer duly appointed by law to conduct 
investigation 
(h) "Organ" - for the purpose· of this act includes transplantable organs, tissues, 
eyes, bones, arteries, blood, other fluids and other portions of the human 
body 
(i) "Person" - an individual, corporation, estate, trust, partnership, association, 
the Government or any of its subdivision, agencies or instrumentalities, 
including government owned or controlled corporations; or any other legal 
entity 
Ul "Reward" - means any description of financial or other material advantage 
NATIONAL ORGAN DONATION AND TRANSPLANTATION CENTER 
SEC. 4. Establishment. - There shall be established, under the supervision of 
the Department of Health, The National Organ Donation and Transplantation Center, 
herein referred to as NODTC. 
This NODTC shall be administered by a Board of Trustees to be appointed by 
the President of the Philippines upon the recommendation of the Department of Health. 
SEC. 5. 
Functions. -
The NODTC shall have the following powers and 
functions: 
(a) Review and approve polidies in support of a rational, ethical, accessible and 
equitable organ transplantation program in the country; 
(b) Approve the issuances of the Certificate of Accreditation of transplant 
facilities; 
(c) Establish and maintain a r-egister in which shall be entered the objection and 
withdrawal of objection of all persons lodged n accordance with this Act; 
(d) They may appoint a transplant ethics committee to be in charge of matters 
relating to the selection of proposed recipients of any organ removed 
pursuant to Section 17; 
. 
(e) Prescribe 
appointment, 
functions, 
responsibilities 
and 
procedures 
of 
transplant ethics committees; and 
(f) To perform such other functions as may be necessary to achieve the 
objectives of this Act. 
INFORMATION AND EDUCATION 
SEC. 6. 
Responsibility. - The Government, through the NODTC, shall take 
measures, including the design, development, and dissemination of information and 
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education materials, to promote, protect and support the dissent approach in cadaveric 
organ donation. 
It shall also ensure that information materials produced by all government 
agencies and private entities and persons are not inconsistent with the provisions of this 
Act. 
DEATH AND REMOVAL OF ORGAN AFTER DEATH 
SEC. 7. When death occurs. - The death of the person shall be determined in 
accordance with the acceptable standards of medical practice and shall be diagnosed 
separately by the attending physicial:l and another consulting physician, both of whom 
must be appropriately qualified and .suitably experienced in the care of such patients. 
The death shall be recorded in the patient's medical record. 
SEC. 8. Designated officers. -
The NODTC may appoint, in writing, any 
medical practitioner to be the designated officer of a hospital for the purposes of this 
Act. 
SEC. 9. Authorities may remove organ after death. - The designated officer 
of a hospital may, subject to an in accordance with this section, authorize, in writing, the 
removal of any organ from the body of a person who has died in the hospital for the 
purpose of the transplantation of the organ to the body of a living person. 
No authority shall be given under the preceding paragraph for the removal of the 
organ from the body of any deceased person: 
(a) who has during his lifetime registered his objection with the NODTC to the 
removal of the organ from his body after his death; 
(b) who is neither a citizen nor a permanent resident of the Philippines; 
(c) who is below 21 years of age unless the parent or guardian has consented to 
such removal; 
(d) who is above 60 years of age; 
(e) whom the authorized medical practitioners, after making such inquiries as are 
reasonable in the circumstances, has reason to believe was not of sound 
mind, unless the parent or guardian has consented to such removal; or 
(f) immediate relatives at time of death object to organ transplant. 
SEC. 10. Investigating Officer's consent. -
If the designated officer of the 
hospital has reason to believe that the circumstances applicable to the death of the 
person are such that the investigati'lg officer has jurisdiction to hold an inquest into the 
manner and cause of death of the person, the designated officer shall not authorize the 
removal of any organ from the body of the deceased person unless the investigating 
officer has given his consent to the removal. 
The consent by the investigating officer under this section may be expressed to 
be subject to such conditions as specified in the consent. The consent may be given 
orally by the investigating officer, and if so given shall be confirmed in writing. 
SEC. 11. Organ to be removed and transplanted by authorized medical 
practitioners. - No person other trian an authorized medical practitioner in a hospital 
accredited by the NODTC shall remove any organ which is authorized to be removed 
pursuant to Section 9 or transplant any such organ. 
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SEC. 12. 
Operation of other laws. -
Nothing in this Part shall prevent the 
removal of any organ from the bodies of deceased persons in accordance with the 
provisions of any other written law. 
RECIPIENT PROTECTION 
SEC. 13. Recipient Protection. - Health and safety tests shall be conducted to 
protect the person receiving an qrgan. People with infectious disease or severe 
bacterial or fungal infections at the time of death may only donate their organs for lab 
research or education but not a living recipient. 
REGISTRATION OF OBJECTION 
SEC. 14. Persons may register their objection. - Any person, upon reaching 
the age of 18, who objects to the rel]1oval of any organ from his body after his death for 
the purpose mentioned in Section 9 may register his objection in respect of that origin 
with the NODTC in the prescribed form. 
Upon receipt of the written objection of a person, the NODTC shall issue to that 
person an acknowledgement in the prescribed form. 
SEC. 15. 
NODTC to maintain register. - The NODTC shall establish and 
maintain a register in which shall be entered the objection of all persons lodged in 
accordance with the preceding section. The register herein referred to shall not be open 
to inspection by the public. 
SEC. 16. 
Persons may withdraw their objection. - Any person who has 
registered his objection with the NODTC in respect of any organ may withdraw his 
objection in the prescribed form. 
. 
Upon receipt of the withdrawal under the preceding provision, the NODTC shall 
issue to that person an acknowledgement in the prescribed form and shall remove the 
objection from the register referred to in the preceding section. 
SEC. 17. Proposed recipie'!ts organ. -In the selection of a proposed recipient 
of any organ removed pursuant to Section 9: 
(a) a person who has not registered any objection with the NODTC in respect of 
that organ shall have priority over a person who has registered such 
objection; and 
.. 
(b) a person who has registered his objection with the NODTC in respect of that 
organ but who has withdrawn such objection shall have the same priority as a 
person who has not registered any such objection, over a person whose 
objection in respect of that organ is still registered with the NODTC, at the 
expiration of 2 years from the date of receipt of the withdrawal by the NODTC 
provided that he has not registered again any such objection since that date. 
PROHIBITED ACTS 
SEC. 18. Certain contracts or arrangements. - Subject to this section, a 
contract or arrangement under which a person agrees, for valuable consideration, 
whether given or to be given to himself or to another person, to the sale or supply of any 
organ or blood from his body or from the body of another person, whether before or 
after his death or the death of the other person, as the case may be, shall be void. 
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Any person is prohibited to enter into a contract or arrangement of the kind 
referred to in the preceding subsection. 
Any person either as vendor or supplier is prohibited to enter into a contract or 
arrangement for the sale or supply of a product derived from any organ or blood that 
has been subjected to processing or treatment. 
The contract or arrangement referred to in the first paragraph of this section shall 
not apply to or in relation to: 
(a) a contract or arrangement providing only for the reimbursement of any 
expenses necessarily incurred by a person in relation to the removal of any 
organ or blood in accordance with the provisions of any other written law; and 
(b) any scheme introduced o'r approved by the Government granting medical 
benefits or privileges to any organ or blood donor and any member of the 
donor's family or any person nominated by the donor. 
Nothing in this action shall render inoperative a consent or authority given or 
purporting to have been given under this Act in relation to any organ or blood from the 
body of a person or in relation to the body of a person if a person acting in pursuance of 
the consent or authority did not know and had no reason to know that the organ or 
blood or the body was the subject-matter of a contract or arrangement referred to in the 
first paragraph of this section. 
SEC. 19. Removal of organ. - No person shall remove any organ from the 
body of a deceased person for the purpose referred to in Section 9 except in pursuance 
of the authority therein given. 
SEC. 20. Advertisements relating to buying or selling of organs or blood. -
No person shall issue or causeto be issued any advertisement relating to the buying or 
selling of any organ or blood or of the right to take any organ or blood from the body of a 
person. 
SEC. 21. 
Advertisements Organ trafficking. - Any person is prohibited to 
perform acts which promote or facilitate organ trafficking which include but not limited to 
recruiting, hiring, adopting, transporting or abducting a person, by means of threat or 
use of force, fraud, deceit, violence, 'coercion or intimidation for the purpose of removal 
or sale of organs of said person. 
SEC. 22. Destruction, Mutitation and Alteration in the Register. - No person 
shall willfully destroy, mutilate or make any unauthorized alteration in the register 
referred to in section 15. 
SEC. 23. Disclosure of information. - Subject to this section, a person shall . 
not disclose or give to any other person any information or document whereby the 
identity of a person: 
(a) from whose any body 'organ has been removed for the purpose of 
transplantation; 
(b) with respect to whom or with respect to whose body a consent or authority 
has been given under this Act; or 
(c) into whose body any organ has been, is being, or may be, transplanted, may 
become publicly known. 
The preceding paragraph shall not apply to or in relation to any information disclosed: 
(a) for the purpose of administering and enforcing this Act; 
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(b) for the purpose of referring any complaint or information concerning any 
registered medical practitioner under related laws; 
(c) in pursuance of an order of a Court or when otherwise required by law; 
(d) for the purposes of hospital administration or bona fide medical research; 
(e) with the consent of the person to whom the information relates; or 
(f) when the circumstances in which the disclosure is made are such that the 
disclosure is or would be privileged. 
PENALTIES 
SEC. 24. Penalties. - Any person who contravenes provisions of this act shall 
be guilty of an offense and shall be liable on conviction to a fine not exceeding 
P1 00,000 or to imprisonment for a term not exceeding 12 months or both. 
MISCELLANEOUS 
SEC. 25. Act does not prevent specified removal of organ, etc. - Nothing in 
this Act shall apply to or in relation to': 
(a) the removal of any organ from the body of a living person in the course of a 
procedure or operation carried out, in the interests of the health of the person, 
by a medical practitioner with the consent, express or implied, given by or on 
behalf of the person or in circumstances necessary for the preservation of the 
life of the person; 
(b) the use of any organ so removed; 
(c) the embalming of the body of a deceased person; or 
(d) the preparation, including the restoration of any disfigurement or mutilation, of 
the body of a deceased person for the purpose of interment or cremation. 
SEC. 26. 
Repealing Clause. 
- All laws, orders, issuances, and rules and 
regUlations or parts thereof inconsistent with this Act are hereby repealed or modified 
accordingly. 
SEC. 27. Separability Clause. - The provisions of this Act are hereby deemed 
distinct and separable from each other. If any provision hereof be declared invalid or 
unconstitutional, such invalidity or unconstitutional, such invalidity or unconstitutionality 
shall not affect the other provisions which shall remain in full force and effect. 
SEC. 28. Effectivity. - This Act shall take effect one hundred twenty (120) days 
following its publication in at least two newspapers of general circulation. 
Approved, 
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