FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
1387 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
i 
, ,..--
This bill seeks to uphold the nobility and dignity of donating human organ 
and tissue by establishing a unified national system of organ sharing encompassing 
a donor and patient registry to eliminate for-profit marketing of organ donation and 
to facilitate the success of organ transplants and survival of patients. 
The prevalence of illicit marketing of human organs and tissues for profit in 
the Philippines, which has become a source of livelihood for some poor families, has 
drawn the attention of the world in the CNN report last November 6, 2007 on 
kidney sale in the country. Out of the 45,000 urban poor dwellers- of Isla Baseco, it is 
projected that approximately 3,000 have donated one of their kidneys in exchange 
for a price ranging from P70,000.00 to P120,000. Despite this trade being an 
immediate answer to their desperate need for money, the compensated organ 
donors may not be fully aware of the long-term health, psychosocial and economic 
implications of their decisions. 
A study conducted at Kermanshah University of Medical Sciences in Iran of 
300 kidney vendors reported harsh effects 6 to 132 months after the transplant. The 
findings show that 90% of the vendors complained of impaired physical ability and 
ill-health which, includes palpitations, chest pains, backache, nervousness and 
fatigue. 65% reported that the sale of their kidney has led to negative effects on their 
employment; 38% largely representing uninsured manual laborers had lost their jobs 
as they were unable to continue working at the same job after the transplant; and 
70% suffered from post-operative depression. For a needy person, however, the sum 
of PlOO,OOO.OO makes it difficult to say no and think of what is best for him in the 
long run. In view of this, there is an urgent call to prevent organ donations from 
being commercialized and protecting potential organ donors from the negative 
consequences of illegal organ trade. 
Another problem in organ transplant is the unfair allocation of organ and 
tissue donations. At present, the highest bidder for an organ obtains a status of 
privilege because of his wealth. At least 30,000 Filipinos have diseased kidneys, but 
many of them cannot afford the expense of transplants, widely regarded by the 
World Health Organization as the best solution to end stage-organ failure. In five 
leading hospitals in Manila, including the state-run National Kidney and Transplant 
Institute, about 250 kidney transplants are performed every year, many of them for 
wealthy Filipino families and foreigners. According to the New England Journal of 
Medicine, Americans, about200 to 300 patients a year go to China, the Philippines 
and South America for transplants. Moreover, according to Norbert Lameire of the 
International Society of Nephrology, the United Arab Emirates sends its kidney 
patients to the Philippines for transplants. From WHO estimates, the Philippines 
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hosted up to 200 "transplant tourists" in the recent years. Of the 468 kidney 
transplants in the country in 2003 alone, 110 were for patients from abroad. 
The lucrativeness of the illegal organ trade persists despite the existing 
regulations that prohibit the same. Though we already enacted Republic Act No. 
7170 or the Organ Donation Act of 1991, the law covers only cadaver donors (CAD) 
and the concept of brain death. Department of Health Administrative Order No. 124 
clearly prohibits the sale and purchase of kidney organs by kidney donors with 
penalties laid down for violations. Despite these measures, kidney sale is still 
commonplace in depressed communities, proving that a strong proposal is needed 
that will put an end to this. 
This bill establishes a system by which valuable human organs and tissues, 
which are desperately needed by waiting patients of end-stage organ failure could 
be readily and lawfully obtained and equitably distributed. Some of the salient 
features of this bill are the following: 
1. The establishment and maintenance of a Human Organ and Tissue 
Transplantation Coordinating Network, which shall be a national system to 
facilitate the location of a possible donor of human organs and tissue to 
patients in need of receiving life-saving organ transplantation. Further, the 
Network will coordinate the transportation of organs and tissues from 
donation organizations to transplant including those from other countries. 
2. The formation of a Human Organ and Tissue Transplantation Coordinating 
Office in strategic locations in the country that will arrange for the acquisition 
and preservation of donated human organs and tissues and provide quality 
standards for the acquisition of human organs and tissues consistent with the 
standards adopted by the Network. 
3. The creation of a Task Force that will conduct a study on all issues and 
common problem areas in the human organ and tissue donation and 
transplantation. 
4. The prohibition and punishment of individuals engaged in the marketing of 
human organs and tissues for profit. 
5 .. The enhancement and promotion of programs for organ and tissue donations. 
The problem of for-profit marketing and unfair distribution of organ and 
tissue donations will persist or even aggravate if not properly addressed with a 
legislation that answers the need for effective regulation of the practice of human 
organ donation and tissue transplantation. 
In view of the foregoing, the passage of this bill is earnestly sought 
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LOREN LEGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
1387 
S.B. No. ___ -'--
Introduced by Senator Loren Legarda 
AN ACT 
TO REGULATE THE DONATION AND TRANSPLANT OF HUMAN 
ORGANS AND TISSUES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House" of Representatives of the Philippines In 
Congress Assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Human Organ and 
2 
Tissue Donation and Transplant Act of 2010"" 
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SEC 2. Declaration of Policy. - It is hereby declared national policy of the 
5 
State to: 
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a) Promote public access to multiple human organs and tissues; 
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b) Address the technical and ethical issues involved in human organ and tissue 
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donation and transplantation; 
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c) Develop policies ensuring fair access to transplant surgery for individuals 
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who without such surgery would be at risk of losing their lives; 
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d) Devise a system by which valuable human organs and tissues which are 
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desperately needed by waiting victims of end-stage organ failure could be 
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readily and lawfully obtained and equitably distributed; 
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e) Motivate the public to become human organ and tissue donors; 
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f) Encourage health professionals to identify in a timely manner prospective 
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donors of human organs and tissues; 
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g) Encourage and extend support to the laudable initiative and efforts of the 
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"voluntary non-governmental health organizations to encourage our citizens 
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to become voluntary organ and tissue donors and enable those in need to 
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benefit from the dramatic achievements and developments in the field of 
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human organ and tissue transplantation; 
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h) Support and direct the development of a rational and fair national health 
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policy regarding the appropriate government and private sector roles in 
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human organ and tissue donation and transplantation; and 
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i) Prohibit and penalize the for-profit marketing of human organs and tissues. 
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SEC. 3. Definition ofTenns. - As used in this Act, the term 
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a) "Human Organ and Tissue" refers to the kidney, liver, heart, lung, pancreas, 
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bone marrow, cornea, eye, bone, skin, nerve, muscle tissues, and any other 
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human organ or tissue that may be specified by the Secretary of Health by 
10 
regulation; 
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b) "For-profit Marketing" refers to a transaction whereby a person agrees for 
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valuable consideration in whatever nature or form, whether given or to be 
13 
given to himself or to another person to the sale or supply of any human 
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organ or tissue from his body or from the body of another person, whether 
15 
before or after his death or the death of the other person, as the case maybe; 
16 
c) "Valuable Consideration" does not include the reasonable payments 
17 
associated with the removal, transportation, implantation, processing, 
• 
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preservation, quality control and storage of a human organ or tissue or other 
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. hospitalization expenses or the expense of travel housing and last wage or 
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funeral expenses incurred by the donor of a human organ or tissue in 
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connection with the donation of the organ or tissue. It will not also include 
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any reasonable incentives to be given by the donee or other government or 
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non-governmental organizations; 
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d) "Transplant Center" refers to health care facility in which transplants of 
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organs and tissues are performed. 
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SEC 4. For-Profit Marketing. - The for-profit marketing of human organs and 
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tissues is hereby declared unlawful. 
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30 
SEC 5. Human Organ and Tissue Transplantation Coordinating Network 
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(Network). - The Secretary of Health shall encourage the establishment and 
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maintenance of the Human Organ and Tissue Transplantation Coordinating 
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Network in various strategic geographical areas of the country to be determined by 
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the Task Force as hereinafter created. 
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SEC 6. Composition. - The Human Organ and Tissue Transplantation 
2 
Coordinating Network shall be a non-profit entity which is not engaged in any 
3 
activity not related to organ and tissue donation and transplantation, and shall have 
, 
4 
a Board of directors which include representatives of organ and tissue donation and 
5 
transplantation organizations. 
6 
7 
SEC 7. Function of the Network. -
The Network shall establish a list of 
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individuals in one location who needs organs or tissues, and a national system in 
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accordance with established medical criteria, to match organs or tissues and 
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individuals included in the list especially individuals whose immune system makes 
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it difficult for them to readily or successfully receive organs or tissues. 
12 
In addition, the Network shall: 
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a) Maintain a twenty-four hour telephone service to facilitate matching organs 
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or tissues with individuals included in the list; 
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b) Assist local organ and tissue donation and transplantation organizations in 
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the distribution of organs and tissues which cannot be placed within the 
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service areas of the organizations; 
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c) Adopt and use standards of quality for the acquisition and transportation of 
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donated organs and tissues; 
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d) Prepare and distribute, on a regionalized basis, samples of blood sera from 
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individuals who are included on a list and whose immune system makes it 
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difficult for them to receive organs or tissues, in order to facilitate matching 
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the compatibility of such individuals with organ and tissue donors; 
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e) Coordinate the transportation of organs and tissues from donation 
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organizations to transplant including those from other countries. In case, the 
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latter shall be facilitated in accordance with Section 14 of Republic Act No. 
27 
7170, otherwise known as the Organ Donation Act of 1991 under the 
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prpvision on International Sharing of Human Organs or Tissues; 
29 
f) Provide information to physicians and other health professionals regarding 
30 
. organ and tissue donations; and 
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g) Collect, analyze and publish data concerning organ and tissue donations and 
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transplants. 
33 
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SEC 8. Human Organ and Tissue Transplantation Coordinating Office. - A 
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human organ and tissue transplantation coordinating office may be established in 
3 


strategic locations in the country subject to the approval of the Secretary of Health. 
2 
Such organization shall: 
3 
a) Be a non-profit entity; 
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b) Have an accounting and other fiscal procedures necessary to assure the 
5 
fiscal stability of the organization; 
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c) Have a Board of Directors or AdviSory Board, the composition of which 
7 
shall be determined by the Task Force as may be hereinafter be created; 
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d) Have a director and such other staff, including the human organ donation 
9 
and tissues coordinators and human organ and tissue transplantation 
10 
specialist necessary to effectively obtain human organs and tissues from 
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donors in its service area. 
12 
13 
SEC 9. Functions of the Human Organ and Tissue Transplantation 
14 
Coordinating Office. -
A human organ and tissue transplantation coordinating 
15 
office shall: 
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a) Conduct and participate systematic efforts, including professional education, 
17 
to acquire all useable organs and tissues from potential donors; 
18 
b) Arrange for the acquisition and preservation of donated human organs and 
19 
tissues and provide quality standards for the acquisition of human organs 
20 
and tissues which are consistent with the standards adopted by the Network; 
21 
c) Arrange for the appropriate tissue typing of donated human organs; 
22 
d) Have a system to allocate donated human organs and tissues among 
23 
transplant centers and patients according to medical criteria; 
24 
e) Participate in the Network authorized to be established under this Act; and 
25 
f) Make arrangements to cooperate with human organ and tissue banks for the 
26 
retrieval, processing, preservation, storage and distribution of human organs 
27 
and tissues as may be appropriate to assure that all useable human organs 
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and tissues are obtained from potential donors. 
29 
30 
SEC 10. Registry of Recipientsl Report. - The Secretary of Health shall require 
31 
the network to develop and maintain a scientific registry of the recipients of human 
32 
organ and tissue transplants. The registry shall include such information respecting 
33 
patients and transplant procedures as he may deem necessary to an on-going 
34 
evaluation of the scientific and clinical status of human organ and tissue 
35 
transplantation. 
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The Secretary of Health shall regularly report to Congress on the analysis of 
2 
information derived from registry. 
3 
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SEC 11. Advisory Panel or Board. - The Secretary of Health shall form an 
5 
advisory panel or board in the Department of Health which shall assist him in: 
6 
a) Supervising the private sector in the human organ and tissue donation and 
7 
transplantation activities proVided for in this Act; 
8 
b) Conducting a program of public information to inform the public of the need 
9 
for human organ and tissue donations; 
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c) Providing technical assistance to human organ and tissue transplantation to 
11 
coordinating offices established in accordance with this Act; 
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d) The preparation of an annual report to be submitted to Congress on the status 
13 
of human organ and tissue donation and coordination services, including an 
14 
analysis of the efficiency and effectiveness of the donation and allocation of 
15 
human organs and tissues, a description of problems encountered in the 
16 
donation and allocation of human organs and tissues, and clinical and 
17 
scientific status of human organ and tissue transplantation; 
18 
19 
SEC 12. Task Force. - Within two (2) months from the effectivity of this Act, 
20 
the Secretary of Health shall establish a Task Force on Human Organs and Tissue 
21 
Donation and Transplantation (hereinafter referred to as the Task Force). 
22 
23 
SEC 13. Composition/Appointment and Business. -
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a) The Task Force shall be composed of the follOWing: 
, 
25 
(1) Five (5) physicians or scientist who are eminent in various medical and 
26 
scientific specialties related to human organ and tissue transplantation; 
27 
(2) One (1) person who is not a physician or a scientist and who represent the 
28 
field of human organ and tissue donation; 
29 
(3) Three (3) individuals who are not physicians and who as a group have 
30 
expertise in the fields of law, theology, ethics, health care financing and 
31 
social and behavioral sciences; 
32 
(4) Two (2) individuals who are not physicians or scientists and who are 
33 
members of the general public. 
34 
b) The members of the Task Force shall be appointed by the President which 
35 
need not be submitted for confirmation by the Commission on Appointments; 
5 


<. 
1 
c) No individual who is a full-time officer or employee of the Philippine 
2 
Government may be appointed by the Task Force. A vacancy in the Task 
3 
Force shall be filled in the manner of an original appointment, as provided for 
4 
in this Act; 
5 
d) The members shall be appointed for the life of the Task Force; 
6 
e) The Task Force shall elect its Chairman from among its members; 
7 
f) One -half plus one of the members of the Task Force shall constitute a 
8 
quorum to do business, but may hold hearings; 
9 
g) The Task Force shall hold its first meeting on the date specified by the 
10 
Secretary of Health which shall not be later than thirty (30) days from the 
, 
11 
establishment of the Task Force. Thereafter, the Task Force shall meet at the 
12 
. call of the Chairman or a majority of its members but shall meet at least 
13 
twelve (12) times during the lifetime of the Task Force. 
14 
h) The Secretary of Health shall provide the Task Force with administrative and 
15 
support services as the Task Force may require to carry out effectively its 
16 
duties. 
17 
18 
SEC 14. Honorarium. - The members of the Task Force shall receive 
19 
honorarium in such amount as the President of the Philippines shall determine for 
20 
each meeting actually attended by each member of the Task Force, but in no case 
21 
shall the honorarium exceed the sum of Twenty-Four Thousand Pesos (P24,000.00) 
22 
for each member for the whole life of the Task Force. 
23 
24 
SEC 15. Functions. - The Task Force shall perform the following functions: 
25 
a) Conduct comprehensive examinations of the medical, legal, ethical, economic 
26 
and social issues presented by human organ and tissue donation and 
27 
transplantation; 
28 
b) Make an assessment of immunosuppressive medications used to prevent 
29 
organ and tissue rejection in transplant patients, including: 
30 
1. An analysis of the safety, effectiveness, and cost (including cost savings 
31 
from improved success rates of transplantation) of different modalities of 
32 
treatment. 
33 
2. 
An identification of problems that patients encounter in obtaining 
34 
immunosuppressive medications; 
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3. 
An analysis of the extent of insurance reimbursement for long-therapy for 
2 
organ and tissue transplant patients by private insurers and the public 
3 
sector; 
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4. An analysis of the comparative advantages of grants, coverage under 
existing programs or other means to assure that individuals who need 
such medications can obtain them. 
c) Make an assessment of public and private efforts to obtain human organs 
and tissues for transplantation and identification of factors that diminish 
the number of human organs and tissues available for transplantation; 
d) Make an assessment of problems in coordinating the donation of viable 
human organs and tissues, including skin and bone for transplantation; 
e) Make recommendations for the education and training of health 
professionals, including physicians, nurses and hospital and emergency 
care personnel, with respect to human organ and tissue donation and 
transplantation; 
f) Make recommendations for the education of the general public, health 
workers, the clergy, law enforcement officers, members of the local fire 
departments and other agencies and individuals that may be instrumental 
in affecting human and tissue donation; 
g) Make recommendations for assuring eqUitable access by patients to organ 
, and tissue transplantation and for assuring equitable allocation of donated 
human organs and tissues among transplant centers and among patients 
medically qualified for an organ and tissue transplant; 
h) Identify the barriers to the donation of human organs and tissues to 
patients (with special emphasis upon pediatric patients), including an 
assessment of: 
1. 
Barriers to the improved identification of human organ and tissue 
donors and their families and organ and tissue recipients; 
2. 
The number of potential human organ and tissue donors and their 
geographical distribution; 
3. Current health care services provided for patients who need human 
organ and tissue transplantation and human organ and tissue donation 
procedures, systems and programs which affect such patients; 
4. 
Cultural factors affecting the family with respect to the donation of 
human organs and tissues; and 
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I 
5. Ethical and economic issues relating to human organ and tissue 
2 
needed by chronically-ill patients. 
3 
i) Make recommendations for the conduct and coordination of continuing 
4 
research concerning all aspects of the transplantation of human organs 
5 
and tissues; 
6 
j) Make an analysis of the factors involved in insurance reimbursement for 
7 
'transplant procedures by private insurers and the public sector; and 
8 
k) Make an analysis of the manner in which human organ and tissue 
9 
transplantation technology is diffused among and adopted by qualified 
10 
medical centers, including a specification of the number and geographical 
11 
distribution of qualified medical centers, of whether using such 
12 
technology is sufficient and of whether the public has sufficient access to 
13 
medical procedures using such technology. 
14 
1~ 
SEC 16. Designation of Hospitals and Medical Centers. - The Secretary of 
16 
Health may, upon the recommendation of the Task Force, designate hospitals and 
17 
medical centers equipped with the appropriate state-of-the-art facilities as training 
18 
centers for human organ donation and transplantation. 
19 
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SEC 17. Reports. - The Task Force, not later than three (3) months after its 
21 
establishment, shall transmit a report to the Secretary of Health and to Congress of 
22 
its assessment of immune-suppressive medications to prevent organ and tissue 
23 
rejection. 
24 
Not later than six (6) months after the date on which the Task Force is 
25 
established, the Task Force shall transmit a final report to the Secretary of Health 
26 
and the Congress, which shall include -
27 
a) A description of any findings and conclusions of the Task Force made 
28 
pursuant to any study conducted under this Act; 
29 
b) Such recommendations as the Task Force considers appropriate; 
30 
31 
SEC 18. Penalty. - Any person who shall buy or sell human organs or tissues 
, 
32 
for profit-marketing shall, upon conviction suffer the penalty of imprisonment for 
33 
not less than two (2) years nor more than five (5) years and to pay a fine of not less 
34 
than Ten Thousand Pesos (PIO,OOO.OO), nor more than Fifty Thousand Pesos 
35 
(P50,000.00), at the discretion of the court: Provided, That if the offender is a public 
36 
officer or belongs to the medical profession, he shall, in addition, suffer the penalty 
8 


, 
I 
of perpetual absolute disqualification from holding a public office or forfeiture of his 
2 
license to practice medicine, respectively. Provided further, that if the offender is an 
3 
alien, he shall be deported after service of sentence without further proceedings. 
4 
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SEC 19. Appropriation." The sum of Three Million Pesos (P3,OOO,OOO.OO) not 
6 
otherwise appropriated from the funds of the National Treasury is hereby 
7 
appropriated to implement the provisions of this Act. Thereafter, the same shall be 
8 
included in the General Appropriations Act. 
9 
10 
SEC 20. Rules and Regulations. - The Secretary of Health, after consultation 
11 
with health professionals, both government and private, and non-governmental 
12 
health organizations shall promulgate such rules and regulations as may be 
13 
necessary for the proper implementation of this Act. 
14 
15 
SEC 21. Repealing Clause. - All laws, decrees, ordinances, rules and 
16 
regulations, executive or administrative orders, and other presidential issuances 
17 
inconsistent with the provisions of this Act are hereby repealed, amended or 
, 
18 
modified accordingly. 
19 
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SEC 22. Separability Clause. - If any provision of this Act should be declared 
21 
invalid or unconstitutional, other provisions hereof not affected thereby shall remain 
22 
in full force and effect. 
23 
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SEC 23. Effectivity. - This Act shall take effect fifteen (15) days after its 
25 
publication in at least two (2) newspapers of general circulation. 
26 
27 
Approved. 
9