FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XIV, Section 10, provides that science and technology are 
essential for national development and progress. Section 12, however, mandates the State to 
regulate the transfer of technology froin all sources for the national benefit. 
On 13 January 1998, nineteen (19) European nations signed an agreement banning 
human cloning, the first compulsory juridical instrument of its kind in the world. Sixteen (16) 
other European countries out of the Council of Europe’s Convention on Biology and Medicine’s 
forty (40) member states have said that they will also sign the protocol which bans the creation 
of human beings genetically identical to others, whether alive or dead. 
Then President of France, Jacques Chirac, said that the new protocol will prevent 
“aberrations” of the type planned by United States scientist Richard Seed who said that he would 
clone babies for the benefit of childless couples. Then US President Bill Clinton, on the other 
hand, said that “scientific progress should not take place in a moral vacuum.” 
Although the present local technology available for the success of such cloning 
experiments is way behind European and American standards, the banning of these experiments 
in their respective countries may encourage foreign scientists to conduct their activities in 
countries where there are no such prohibition, like the Philippines. This bill seeks to prevent this 
specter from becoming a gruesome reality in our country.* 
’ This bill was originally filed during the Thirteenth Congress, First Regular Session 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.No. ,1349 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO BAN EXPERIMENTS ON THE CLONING OF HUMAN BEINGS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
Assem bled: 
SECTION 1. Short Title. - This Act may be cited as the “Banning on Experiments on 
Cloning of Human Beings Act.” 
SECTION 2. Declaration of Policy. - Although the Constitution states that science and 
technology are essential for national development and progress, and that the State shall give 
priority to research and development, invention, innovation, and their utilization, these policies 
are by no means absolute. In the face of the seemingly improper and immoral use of science and 
technology in experiments on the cloning of human beings, the State has the right to regulate and 
if needed be, declare unlawful, the transfer and adaptation of such technology to protect its 
human resources. Only then, with the banning of such experiments, can the state claim that it 
truly values the dignity of every human person. 
SECTION 3. Definition ofcloning. - For purposes of this Act, the term “Cloning” means 
growing or creation of a human being from a single cell or cells of a genetically identical human 
being through asexual reproduction. 
SECTION 4. Prohibited Acts. -The following shall be considered prohibited acts: 
(A) Any person who engages in cloning experiments to grow or create another human 
being by extracting the nucleus from any unfertilized human egg and infusing into such egg 
deoxyribonucleic acid (DNA) from any other cell through asexual reproduction, or any other 
means; and 
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(B) Any person who employs any other person to engage in cloning experiments 
involving human beings. 
SECTION 5. Penalties. - The penalty for violating any provision of Section 1 shall be 
imprisonment of not less than twenty (20) years, or a fine of not less than Three Hundred 
Thousand Pesos (P300,000.00), or both. If the guilty party is an alien, he shall be deported to his 
place of origin and declared a persona non grata in the Philippines, after serving his sentence 
and/or after payment of the required fine. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation, not contrary to, or 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly. 
SECTION 7. ESfectivity Clause. - This Act shall effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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