| HOUSE F REPRESENTATIVES

RECEIVED
Republic of the Philippines | DATE:
HOUSE OF REPRESENTATIVES TIME:
Quezon City BY:

SEVENTEENTH CONGRESS
First Regular Session RECISTRATION UNIT

BILLS AND INDEX SERVICE’

HOUSE BILL NO. 1106

Introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

When the first case of Human Immunodeficiency Virus was recorded in the
Philippines in 1984, it was regarded as something akin to terminal cancer but panic did
not permeate the country until the first case of the Acquired Immuno Deficiency
Syndrome (AIDS) was made public in 1992. It bore the face of a woman in her prime.
Dolzura Cortez was an overnight sensation due to a film that chronicled her life and
condition. At the time when accurate HIV information was a rarity, many took pity of her.
Unfortunately, she was also maligned by some people. It was a common thought that
one acquires the virus because he or she is promiscuous.

In 1998, the government put in place a policy that was supposed to address the
hidden and growing HIV epidemic. RA 8504 or the Philippine AIDS Prevention and
Control Act was hailed as a model legislation in Asia and the Pacific Region during its
time. It was meant to immediately curb what was then a general epidemic.

While the global trend in HIV infection and AIDS-related deaths have either
stabilized or decreased in most countries, the Philippines continue to show -a steep
increase in its new HIV infections. The 2012 World AIDS report showed that the
Philippines is one of only nine (9) countries in the world where HIV infections continue
to record 25 percent increase.

The other countries are Bangladesh, Georgia, Guinea Bissau, Indonesia,
Kazakhstan, Kyrgyzstan, Republic of Moldova and Sri Lanka, However, unlike other
countries, the Philippine HIV epidemic is concentrated among males who have sex with
males, sex workers, persons who inject drugs and transgender persons. This situation
calls for a tailored intervention.

The July 2013 AIDS registry has recorded the all-time high of 449 new infections
Of this, males account for more than ninety percent. While the statistics can mean two
things — more persons are getting infected or more persons are getting empowered that



they voluntarily submit themselves to HIV test. Either way, it is very clear that HIV in the
Philippines is a ticking time'bomb and if appropriate measures are not done soon, the
UNAIDS projected number of HIV cases, 45,000 by 2015, is almost an assurance

The passage of this bill is earnestly sought to achieve zero new HIV infections,
zero discrimination and zero AIDS-related deaths

TEDDY BRAWER BAGUILAT
Represeptative, Lone District of Ifugao



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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No,_ 1106

Introduced by REP. TEDDY BRAWNER BAGUILAT

AN ACT

STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HUMAN
IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY
SYNDROME (AIDS) PREVENTION, TREATMENT, CARE, AND SUPPORT, AND
ESTABLISHING THE PHILIPPINE NATIONAL HIV AND AIDS PLAN, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE
“PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998,” AND
APPROPRIATING FUNDS THEREFOR,

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Short Title. - This Act shall be known as the “Philippine HIV and AIDS
Policy Act”

SEC. 2. Declaration of Policies. — The Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) are public health: concems that have
wide-ranging social, political, and economic repercussions. Responding to the HIV and
AIDS epidemic is therefore imbued with public interest. Accordingly, the State shall

a, Establish policies and programs to prevent the spread of HIV and deliver
treatment, care, and support services to Filipinos living with HIV in accordance
with evidence-based strategies and approaches that follow the principles of
human rights, gender-responsiveness, and meaningful participation of
communities affected by the epidemic;

b. Adopt @ multi-sectoral approach in responding to the HIV epidemic by ensuring
that local communities, civil society organizations, and persons living with HIV
are at the center of the process;



c  Remove all barriers to HIV and AIDS-related services by eliminating the climate
of stigma that surrounds the epidemic and the people directly and indirectly
affected by it; and

d. Positively address and seek to eradicate conditions that aggravate the spread of
HIV infection, which include poverty, gender-responsiveness, prostitution,
marginalization, drug abuse, and ignorance

Respect for, protection of, and promotion of human rights are the comerstones of an
effective response to the HIV epidemic. The meaningful inclusion and participation of
persons directly and indirectly affected by the epidemic, especially persons living with
HIV, are crucial in eliminating the virus. Thus, unless otherwise provided in this Act, the
confidentiality, anonymity, and non-compulsory nature of HIV testing and HIV-related
testing shall always be guaranteed and protected by the State

Policies and practices that discriminate on the basis of perceived or actual HIV status,
sex, gender, sexual orientation, gender identity, age, economic status, disability, and
ethnicity hamper the enjoyment of basic human rights and freedoms guaranteed in the
Constitution and are deemed inimical to national interest

SEC. 3. Definition of Terms. — For the purposes of this Act, the following terms shall
be defined as follows:

a. Acquired Immune Deficiency Syndrome (AIDS) refers to a health condition where
there is a deficiency of the immune system that stems from infection with the
Human Immunodeficiency Virus or HIV, making an individual susceptible to
opportunistic infections

b, Antiretroviral (ARV) refers to the treatment that stops or suppresses viral
replication or replications of a retrovirus like HIV thereby slowing down the
progression of infection;

c. Civil Society Organizations (CSOs) refer to groups of non-governmental and non-
commercial individuals or legal entities that are engaged in non-coerced
collective action around shared interests, purpose and values:

d. Community-based research refers to research study undertaken in community
settings and which involve community members in. the design and
implementation of research projects;

e. Compulsory HIV testing refers to HIV testing imposed upon an. individual
characterized by lack of consent, use of force or intimidation, . the use of testing
as a prerequisite for employment or other purposes, and other circumstances
when informed choice is absent


SEC.

Restriction on Travel and Habitation — Restrictions on travel within the
Philippines, refusal of lawful entry to Philippine territory, deportation from the
Philippines, or the quarantine or enforced isolation of travelers solely or partially
‘on account of actual, perceived, or suspected HIV status is a discriminatory act
and is prohibited. The same standard of protection shall be afforded to migrants,
visitors, and residents who are not Filipino citizens.

Restrictions on Shelter -— Restrictions on housing or lodging, whether permanent
or temoporary, solely or partially on the basis of actual, perceived, or suspected
HIV status is a discriminatory act and is prohibited.

Inhibition from Public Service — Prohibition on the right to seek an elective or
appointive public office solely or partially on the basis of actual, perceived, or
suspected HIV status is a discriminatory act and is prohibited.

Exclusion from Credit and Insurance Services ~ Exclusion from health, accident,
or life insurance, credit and loan services, including the extension of such loan or
insurance facilities. of an individual solely or partially on the basis of actual,
perceived, or suspected HIV status is prohibited: Provided, That the person living
with HIV has not misrepresented the fact to the insurance company or loan or
credit service provider upon application.

Discrimination in Hospitals and Health Institutions — Denial of health services, or
be charged with a higher fee. on the basis of actual, perceived or suspected HIV
status is a discriminatory act and is prohibited.

Denial of Burial Services - Denial of embalming and burial services for a
deceased person who had HIV and AIDS or who was known, suspected, or
perceived to be HIV positive is a discriminatory act and is prohibited

. 46. Penalties, —

Any person who commits the prohibited act under Section 21 of this Act shall
upon conviction, suffer the penalty of imprisonment of two (2) months to two (2)
years, without prejudice to the imposition of fines and administrative sanctions,
such as suspension or revocation of professional or business license;

Any person who violates the last paragraph of Section 23 of this Act shall, upon
conviction, suffer the penalty of imprisonment of one (1) year to five (5) years and
a fine of not less than one hundred thousand pesos (P100,000.00) but not more



f Discrimination refers to unfair or unjust treatment that distinguishes, excludes,
restricts, or shows preferences based on any ground such as sex, gender, age,
sexual orientation, gender identity, economic status, disability, ethnicity, and HIV
status, whether actual or perceived, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise by all persons
similarly situated, of all rights and freedoms;

g. Evolving capacities of children refer to the concept enshrined in Article 5 of the
Convention on the Rights of the Child recognizing the developmental changes
and the corresponding progress in cognitive abilities and capacity for self-
determination undergone by children as they grow up, thus requiring parents and
others chargerd with the responsibility for the child to provide varying degrees of
protection and to allow their participation in opportunities for autonomous
decision-making in different contexts and across different areas of decision-
making.

h. Gender identity refers to a person's intemal and individual experience of gender
that may or may not correspond with the sex ‘assigned at birth, including the
person's sense of the body, which may involve, if freely chosen, modification of
bodily appearance or function “by medical, surgical and other means, and
experience of gender, among them, dress, speech, and mannerism

Harm reduction refers to evidence-based policies, programs and approaches that
aim to reduce transmission of HIV and its harmful consequences on health,
social relations and economic conditions:

i. High-risk behavior refers to a person's frequent involvement in certain activities
that increase the risk of transmitting or acquiring HIV;

k, Human Immunodeficiency Virus (HIV) refers to the virus, of the type called
retrovirus, which infects cells of the human immune system—mainly
CD4positiveT cells and macrophages-key components of the cellular immune
system—and destroys or impairs the cells’ function. Infection with HIV results in
the progressive deterioration of the immune system, leading to immune
deficiency;

| HIV counseling refers to the interpersonal, dynamic communication process
between a client and,a trained counselor, who is bound by a code of ethics and
practice, to resolve personal, social, or psychological problems and difficulties,
whose objective in counseling, in the context of an HIV diagnosis, is to

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encourage the client to explore important personal issues, identify ways of coping
with anxiety and stress, and plan for the future (keeping healthy, adhering to
treatment, and preventing transmission) and, in the context of a negative HIV test
result, is to encourage the client to explore motivations, options, and skills to stay
HiV-negative;

HIV and AIDS counselor refers to any individual trained by an institution or
organization accredited by the Department of Health (DOH) to provide
counseling services on HIV and AIDS with emphasis on behavior modification;

HIV and AIDS monitoring refers to the documentation and analysis of the number
of HIV/AIDS infections and the pattern of its spread;

HIV and AIDS prevention and control refers.to measures aimed at protecting
non-infected persons from contracting HIV and minimizing the impact of the
condition of persons living with HIV;

HIV-Negative refers to the absence of HIV or HIV antibodies upon HIV testing

HIV-Positive refers to the presence of HIV infection as documented by the
presence of HIV or HIV antibodies in the sample being tested)

HiV-related testing refers to any laboratory testing or procedure done on an
individual regardless of whether the person is HIV positive or negative;

HIV testing refers to any facility-based or mobile medical procedure that is
conducted to determine the presence or absencé-of HIV in a person’s body, HIV
testing is confidential and voluntary in nature and must be accompanied by
counseling prior to and after thé testing, and conducted only with the informed
consent of the person:

HIV testing facility refers to any DOH accredited in-site or mobile testing center,
hospital, clinic, laboratory and other facility that has the capacity to conduct
voluntary HIV counseling and HIV testing;

HIV transmission refers to the transfer of HIV from one infected person to an
uninfected individual, most commonly through sexual intercourse, blood
transfusion, sharing of intravenous needles, and vertical transmission

Key affected populations at higher risk of HIV exposure or key populations refer
to those groups of persons, as determined by the Philippine National AIDS



aa,

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Council, whose behavior make them more likely to be exposed to HIV or to
transmit the virus;

Laboratory refers to area or place, including community-based settings, where
research studies are being undertaken to further develop local evidence base for
effective HIV programs;

Medical confidentiality refers to the relationship of trust and confidence created or
existing between a patient or a person living with HIV and his attending physical,
consulting medical specialist, nurse, medical technologist and all other health
workers or personnel involved in any counseling, testing or professional care of
the former. It also applies to any person who, in any official capacity, has
acquired or may have acquired such confidential information;

Opportunistic infection refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune system;

Partner notification refers to the process by which the ‘index client’, ‘source’ or
‘patent’, who has a sexually transmitted infection (STI) including HIV, is given
support in order to notify and advise the partners that they have been exposed to
infection. Support includes giving the index clierit’a mechanism to encourage the
client's partner to attend counseling, ‘testing and other prevention and treatment
services. Confidentiality shall be observed in the entire process:

Person fiving with HIV refers to any individual diagnosed to be infected with HIV;

Pre-test counseling refers to the process of providing an individual information on
the biomedical aspects of HIV/AIDS and emotional support to any psychological
implications of undergoing HIV testing and the test result itself before the
individual is subjected to the test;

Post-test counseling refers to the process of providing risk-reduction information
and emotional support to a person who submitted to HIV testing at the time the
result is released;

Prophylactic refers to any agent or device used to prevent the transmission of a
disease; 7

Provider-initiated counseling and testing refers to a health care provider initiating
HIV anti-body testing to a person practicing high-risk behavior or vulnerable to
HIV after conducting, HIV pre-test counseling. A person may elect to decline or
defer testing such that consent is conditional;



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Routine HIV testing refers to HIV testing recommended at health care facilities as
@ standard component of medical care. It is part of the normal standard of care
offered irrespective of whether or not the patient has signs and symptoms of
underlying HIV infection or has other reasons for presenting to the facility
provided that a patient may elect to decline or defer testing

Safer sex practices refer to choices made and behaviors adopted by a person to
reduce or minimize the risk of HIV transmission. It include postponing sexual
debut, non-penetrative sex, correct and consistent use of male or female
condoms, and reducing the number of sexual partners;

Sexually Transmitted Infections (STIs) refer to infections that are spread through
the transfer of organisms from one person to another as a result of sexual
contact; 5 °

Sexual orientation refers to a person's sexual and emotional attraction to, or
intimate and sexual relationship with, individuals of different, the same, or both
Sexes;

Social protection refers to a set of policies and programs designed to reduce
poverty and vulnerability by promoting efficient labor markets, diminishing
people's exposure to risks, and enhancing their capacity to protect themselves
against hazards and interruptions/loss of income;

Stigma refers to the dynamic devaluation and dehumanization of an individual in
the eyes of others which may be based on attributes that are arbitrarily defined
by others as discreditable or unworthy and which results in discrimination when
acted upon; aa .

Treatment hubs refer to private ‘and public hospitals or medical establishments
accredited by the DOH to have the capacity and facility to provide anti-retroviral
treatment;

Vertical transmission refers to the process of transmission during pregnancy,
birth, or breastfeeding

Voluntary HIV testing refers to HIV testing done on an individual who, after
having undergone pre-test counseling, willingly submits to such test;

Vulnerable communities refer to communities and groups suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty.



pp.

qq.

unemployment, and other similar social, economic, cultural and_ political

conditions, making them more susceptible to HIV infection and to developing
AIDS;

Window period refers to the period of time, usually lasting from two (2) weeks to
six (6) months during which an infected individual will test ‘negative’ upon HIV
testing but can actually transmit the infection;

Workplace refers to the office, premise or work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or
definite work site, regularly réport for assignment in the course of their
employment.
ARTICLE |
PHILIPPINE NATIONAL AIDS COUNCIL

SEC, 4, Establishment. — The Philippine National AIDS Council, hereinafter referred to
as the Council, shall be the policy-making, planning, coordinating and advisory body of
the Philippine National HIV and AIDS Program. It shall be an agency attached to the
Department of Health.

in situations where a gap in the national response has been identified, the Council may
catalyze or develop the intervention required for endorsement to appropriate
government agencies.

SEC. §. Functions. — The Council shall perform the following functions:

a

b

ze

Develop the National Multi-Sectoral HIV and AIDS. Strategic Plan in collaboration
with relevant government agencies and civil society organizations;

Ensure the operationalization and implementationof the National Multi-Sectoral
HIV and AIDS Strategic Plan;

Coordinate with government agencies and other entities mandated to implement
the provisions of this Act;

Develop and ensure the implementation of the guidelines and policies provided in
this Act, including other policies that may be necessary to implement the National
Multi- Sectoral HIV and AIDS Strategic Plan;

Monitor the progress of the epidemic;

Monitor the implementation of the National Multi-Sectoral HIV and AIDS Plan,
undertake mid-term assessments and evaluate its impact;

Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS Plan;
Coordinate, organize and work in partnership with foreign and international
organizations regarding funding, data collection, research, and prevention and
treatment modalities on HIV and AIDS and ensure foreign funded programs are
aligned to the national response;



i. Advocate for policy reforms to Congress, and other government agencies to
strengthen the country's response to the epidemic; and

j. Submit an annual report to the Office of the President, Congress, and members
of the Council

SEC. 6. Membership and Composition. — Two-thirds (2/3) of the Council's
membership shall come from national government agencies, and one- third (1/3) shall
come from civil society organizations. Provided, That an organization representing the
positive community shall be included, Positive Community refers to those persons who
are infected with HIV or AIDS virus.

Selection of members shall be based on the following criteria:

a. Government agencies or CSOs with direct contribution to the performance of the
core functions of the Council (oversight, direction setting and policy
making) :

b. Government agencies or CSOs with existing programs, services and activities
that directly contribute to the achievement of the National Multi-Sectoral HIV and
AIDS Plan: and

C. Government agencies or CSOs with existing constituencies that are targeted by
the National Multi-Sectoral HIV and AIDS Plan's objectives and activities

The following Member Agencies and CSOs shall be represented in the Council

4. Department of Health:

2. Department of Education:

3. Department of Labor and Employment;

4. Department of Social Welfare and Development:
5. Department of the Interior and Local Government;
6. Department of Justice; :

7. Department of Budget and Management

8. Department of Foreign Affairs;

9, Department of Tourism;

10. Philippine Information Agency;

14, National Economic and Development Authority:
12. Civil Service Commission

13. Commission on Higher Education;

14, Technical Education and Skills. Development Authority
15. League of Provinces of the Philippines;

16, League of Cities;



17. League of Municipalities;

18. Two (2) representatives from non-government organizations who have
expertise in standard setting and service delivery:

19. Seven (7) representatives from non-government organizations working
for'the welfare of identified key populations; and

20. A representative of an organization of persons living with HIV.

Except for the ex-officio members, the other members of the Council shall be appointed
by the President of the Philippines.

The heads of government agencies may be represented by an official duly designated
by their respective agencies

The members of the Council shall be appointed not later than thirty (30) days after the
date of the enactment of this Act.

The presence of the Chairperson or the Vice Chairperson of the Council, and at least
seven (7) other Council members and/or permanent alternates shall constitute a
quorum to do business, and a majority vote of those present shall be sufficient to pass
resolutions or render decisions

The Secretary of Health shall be the permanent Chairperson of the Council. However,
the Vice- Chairperson shall be elected from the government agency members, and shall
serve for a term of six (6) years. Members representing the civil society organizations
shall serve for a term of three (3) years, renewable upon recommendation of the
Council for a maximum of two (2) consecutive terms.

SEC. 7. Secretariat, - The Council shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capability that shall be conferred
permanent appointments, subject to Civil Service rules and regulations. The Secretariat
shall be headed by an Executive Director, who shall be under the direct supervision of
the Chairperson of the Council

‘The Secretariat shall perform the following functions:

a. Coordinate and manage the day-to-day affairs of the Council

b. Assist in the formulation, monitoring, and evaluation of the National Multi-
Sectoral HIV and AIDS Strategic Plan and policies;

©. Provide technical assistance, support, and advisory services to the Council and
its external partners;

4, Assist the Council in identifying and building internal and extemal networks and
partnerships; t

©. Coordinate and support the efforts of the Council and its’ members to mobilize
resources; -



{Serve as the clearing house and repository of HIV and AIDS-related information

g. Disseminate updated, accurate, relevant, and comprehensive information about
the epidemic to Council members, policy makers, and the media:

h. Provide administrative support to the Council; and

i, Act as spokesperson and representative for and in behalf of the Council. .

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. — A six-year national
multi-sectoral HIV and AIDS strategic pian or an AIDS Medium Term Plan (AMTP) shall

be formulated and periodically updated by the Council: The AMTP shall include the
following

a. The country's targets and strategies in addressing the epidemic;

b. The prevention, treatment, care and support, and other components of the
country's response;

c, The six year operationalization of the program and identification of the
government agencies that shall implement the program, including the designated
office within each agency responsible for overseeing, coordinating, facilitating
and/or monitoring the implementation of its AIDS program from the national to
the local levels; and

d, The budgetary requirements and a corollary investment plan that shall identify
the sources of funds for its implementation.

SEC. 9. National HIV and AIDS and STI Prevention and Control Program of the
DOH. ~ The National HIV and AIDS and STI Prevention and Control Program
(NASPCP) of the DOH, which shall be composed of qualified medical specialists and
support personnel with permanent appointments and with adequate yearly budget, shall
coordinate with the Council for the implementation of the health sector's HIV and AIDS

and STI response, as identified in the National Multi-Sectoral HIV and AIDS Strategic
Plan or AMTP

SEC, 10. Protection of Human Rights. — The country's response to the HIV and AIDS
phenomena shall be anchored on the principles of human rights and human dignity
Public health concems shall be aligned with internationally-recognized human rights
instruments and standards

Towards this end, the members of the Council, in cooperation with CSOs, and in
collaboration with the Department of Justice (DOJ) and the Commission on Human
Rights (CHR), shall ensure the delivery of non-discriminatory HIV and AIDS services by
government and private HIV and AIDS service providers. Further, the DOH and CHR, in
coordination with the Council, shall take the lead in developing redress mechanisms for
persons living with HIV to ensure that their civil, political, economic, and social rights are
protected

ARTICLE I



EDUCATION AND INFORMATION

SEC. 11. Prevention Program. ~ There shall be a HIV and AIDS prevention program
that will educate the public on HIV and AIDS and other sexually transmitted infections,
with the goal of reducing risky behavior, lowering vulnerabilities, and promoting the
human rights of persons living with HIV. It shall promote and adopt a range of measures
and interventions, in partnership with civil society organizations that aim to prevent, halt
or control the spread of HIV in the general population, especially among the key
populations and vulnerable communities. These measures shall likewise promote the
rights, welfare, and participation of persons living with HIV and the affected children,
young people, families and partners of persons living with HIV

The HIV and AIDS prevention programs shall be age-appropriate and based on up-to-
date evidence and scientific strategies, and shall actively promote

a, safer sex practices among the general population, especially among key
populations; -

». safer sex practices that reduce risk of HIV infection;

©. universal access to evidence-based and relevant information and education, and
medically safe, legally affordable, effective and quality treatment; sexual
abstinence and sexual fidelity; and consistent and correct condom use

SEC, 12. Education in Learning Institutions. — Using standardized information and
data from the Council, the Department of Education (DepEd), the Commission on
Higher Education (CHED), and the Technical Education and Skills Development
Authority (TESDA), shall integrate basic and age-appropriate instruction on the causes,
modes of transmission and ways of preventing the spread of HIV and AIDS and other
sexually transmitted infections in their respective curricula taught in public and private
learning institutions, including alternative and indigenous learning systems. The learning
modules shall include human rights based principles and information-on treatment, care
and support to promote stigma reduction.

The DepEd, CHED and TESDA shall ensure the development and provision of
psychosocial support and counseling in learning institutions for the development of
positive health, promotion of values and behavior pertaining to reproductive health in
coordination with the Department of Health. For this purpose, funds shall be allocated
for the training and certification of teachers and schoo! counselors.

SEC. 13. Education as a Right to Health and Information. ~ HIV and AIDS education
and information dissemination shall form part of the constitutional right to health.

SEC. 14. Education in the Workplace. — All public and private employers and
employees shall be provided with standardized basic information and instruction on HIV
and AIDS, including topics on confidentiality in the workplace and reduction or
elimination of stigma and discrimination ‘



The Department of Labor and Employment (DOLE) for the private sector and the Civil
Service Commission (CSC) for the public sector shall implement this provision. The
members of the Armed Forces of the Philippines (AFP) and the Philippine National
Police (PNP) shall likewise be provided with standardized basic information and
instruction on HIV and AIDS by the DOH in partnership with appropriate agencies

SEC. 15. Education for Filipinos Going Abroad. — The Department of Foreign Affairs
(DFA), shall in coordination with the Commission on Filipino Overseas, Department of
Labor and Employment and the Council, ensure that all overseas Filipino workers
including diplomatic, military, trade, labor officials, and personnel and.their families to be
assigned overseas, shall undergo or attend a seminar on HIV and AIDS and shall be
provided with information on how to access on-site HIV-related services and facilities
before certification for overseas assignment

SEC. 16. Information for Tourists and Transients, - Educational materials on the
cause, modes of transmission, prevention, and consequences of HIV infection and list
of HIV counseling testing facilities shall be adequately provided at all international and
local ports of entry and exit, The Department of Tourism (DOT), the Department of
Foreign Affairs (OFA), Department of Transportation and Communication (DOTC) and
the Bureau of Immigration (B1), in coordination with the Council and stakeholders in the
tourism industry, shall lead the implementation of this Section

SEC. 17. Education in Communities. — The DILG, League of Provinces, League of
Cities, and League of Municipalities, through the Local HIV and AIDS Couneil (LAC) or
the Local Health Boards and, in coordination with the. Council, shall implement a locally
based, multi-sectoral community response to HIV and AIDS by raising awareness and
the ways to curtail:transmission

Gender and Development (GAD) funds and other sources may be utilized for these
purposes.

The Department of Interior and Local Government (DILG) shall, in coordination with the
Departmant of Social Welfare and Development (DSWD) shall also conduct age-
appropriate HIV and AIDS education for out-of-school youth

SEC. 18, Education for Key Populations and Vulnerable Communities. — To ensure
that HIV services reach key populations at higher risk, the Council, in collaboration with
the local government units and civil society organizations engaged in HIV and AIDS
program and project, shall support and provide funding for HIV and AIDS education
programs, such as peer education, support groups, outreach activities and community
based research that target these populations and other vulnerable communities. The
DOH shall, in coordination with appropriate agencies and the Council shall craft the
guidelines, and standardized information messages for peer education, support group
and outreach activities.



SEC. 19. Prevention in Prisons and Others Closed-Setting Institutions. — All
prisons, rehabilitation centers, and other closed-setting institutions shall have
comprehensive STI, HIV, and AIDS prevention and control program that includes HIV
education and information, HIV counseling and testing, and. access to HIV treatment
and care services. The DOH, in coordination with DILG; DOJ, and DSWD, shall'develop
HIV and AIDS comprehensive program and policies which include the HIV counseling

and testing procedures in prisons, rehabilitation centers, and other closed-setting
institutions.

Persons living with HIV in prisons, rehabilitation centers, and other closed-setting
institutions shall be provided HIV treatment, which includes ARV drugs, care, and
support in accordance with the national guidelines, Efforts should be undertaken to
ensure the continuity of care at all stages, from admission or imprisonment to release
The provision on informed consent and confidentiality shall also apply in closed-setting
institutions.

SEC. 20. Information on Prophylactics. — Appropriate information shalll be attached to
of provided with every prophylactic offered for sale or given as a donation. Such
information shall be legibly printed in English and Filipino, and contain literature on the
proper use of the prophylactic device or agent, its efficacy against HIV and STI, as well
as the importance of sexual abstinence and mutual fidelity.

SEC, 21. Misinformation on HIV and AIDS. - Misinformation on HIV and AIDS, which
includes false and misleading advertising and claims in. any of the multimedia or the
promotional marketing of drugs, devices, agents or procedures without prior approval
from the DOH through the Food and Drug Authority (FDA) and without the requisite
medical and scientific basis, including markings and indications in drugs and devices or
agents, purporting to be a-cure or a fail-safe prophylactic for HIV infection, shall be
prohibited

ARTICLE Ill
PREVENTIVE MEASURES AND SAFE PRACTICES AND PROCEDURES

SEC. 22. Positive Health, Dignity, and Prevention. — The Council, in coordination
with the DOH, local government units, and other relevant government agencies, private
sector, civil society’ organizations, faith-based organizations, and persons living with
HIV, shalll support preventive measures that shall focus on the positive roles of persons
living with HIV. Such preventive measures shall include the following

a, Creation of rights-based and community-led behavior modification programs that
seek to encourage HIV risk reduction behavior among persons living with HIV;

b. Establishment and enforcement of rights-based mechanisms to strongly

encourage newly tested HIV-positive individuals to conduct partner notification

and to promote HIV status disclosure to sexual partners;

Establishment of standard precautionary measures in public and private health

facilities:


d. Accessibility of anti-retroviral treatment, management of opportunistic infections;
and

@. Mobilization of communities of persons living with HIV, for public awareness
campaigns and stigma reduction activities

The enforcement of this section shall not lead to or result in the discrimination or
violation of the rights of persons living with HIV.

SEC. 23. Harm Reduction Strategies. —- The DILG and the DOH, in close coordination
with the Dangerous Drugs Board and in partnership with the key affected population
shall establish a human rights and evidenced-based HIV prevention policy and program
for people who use and inject drugs.

The presence of used or unused condoms, other safer sex-paraphemalia and sterile
injecting equipment, shall not be used as basis to conduct raids or similar police
operations in sites and venues of HIV prevention interventions. The DILG and DOH, in
coordination with the Dangerous Drugs Board, shall establish a national policy to
guarantee the implementation of this provision

SEC. 24, Preventing Mother-to-Child HIV Transmission. — The DOH shall integrate a
program to prevent mother-to-child HIV transmission that shall be integrated in its
maternal and child health services.

SEC. 25. Standard Precaution on the Donation of Blood, Tissue, or Organ. ~ The
DOH shall enforce the following guidelines on donation of blood, tissue or organ

a. Donation of tissue or organs, whether gratuitous or onerous, shall be accepted
by a laboratory or institution only after a sample from the donor has been tested
negative for HIV:

b, All donated blood shall also be subject to HIV testing. HIV-positive blood'shall be
disposed of properly and immediately; and

c. A second testing may be demanded as a matter of right by the blood, tissue, or
organ recipient or his immediate relatives before transfusion or transplant, except
during emergency cases.

Donations of blood, tissue, or organ testing positive for HIV may be accepted for
research purposes only, and shall be subject to strict sanitary disposal requirements

SEC. 26. Standard Precaution on Surgical and Other Similar Procedures. ~ The
DOH shall, in consultation with concerned professional organizations and hospital
associations, issue guidelines on precautions against HIV transmission during surgical,
dental, embalming, tattooing or similar procedures. The necessary protective equipment
such as gloves, goggles and gowns shall be made available to all physicians and health
care providers and similarly exposed personnel at all times



ARTICLE IV.
TESTING, SCREENING, AND COUNSELING

SEC. 27. Voluntary HIV Testing. - As a policy, the State shall encourage voluntary
HIV testing. Written consent from the person taking the test must be obtained before
HIV testing

In keeping with the principle of the evolving capacities of children as defined in Section
3(g) of this Act, HIV testing shall be made available under the followig circumstances:

a, If the person is fifteen (15) to below eighteen (18) years of age, consent to
voluntary HIV testing shall be obtained from the child

b. If the person is below fifteen (15) years of age or is mentally incapacitated,
consent to voluntary HIV testing shall be obtained from the child's parents or
legal guardian. In cases when the child’s parents or legal guardian cannot be
found, despite reasonable efforts to locate the parents were undertaken, the
consent shall be obtained from the licensed social worker. If the child’s parents or
legal guardian refuse to give their consent, the consent shall likewise be obtained
from the licensed social worker if the latter determines that the child is at higher
risk of HIV exposure and the conduct of the voluntary HIV testing is in the best
interest of the child.

SEC. 28. Compulsory HIV Testing, - Compulsory HIV testing shall be allowed only in
the following instances:

a. When it is necessary to test a person who is charged with any of the offenses
punishable under Article 264, 266, 335 and 338 of the Revised Penal Code, as
amended by Republic Act No. 8353, otherwise known as the Anti-Rape Law of
1997;

b. When it is necessary to resolve relevant issues under Executive Order No, 209,
otherwise known as Family Code of the Philippines:

c. As a prerequisite in the donation of blood in compliance with the provisions of
Republic Act No. 7170, otherwise known as the Organ Donation Act, and
Republic Act No, 7719, otherwise known as the National Blood Services Act

SEC. 29. HIV Counseling and Testing. - To ensure access to voluntary and
confidential HIV testing, which shall include client-initiated HIV testing and routine
provider-initiated testing, the DOH shall

a, Accredit public and private HIV: testing facilities based on capacity to deliver
testing services including HIV counseling. Provided, That only DOH-accredited
HIV testing facilities shall be allowed to conduct HIV testing;



b. Develop the guidelines for HIV testing and counseling, including mobile HIV
testing and counseling and routine provider-initiated HIV counseling and testing
that shall ensure, among others, that HIV testing is based on informed consent,
is voluntary and confidential, and is available at all times and provided by
qualified persons and DOH-accredited providers;

©. Accredit institutions or organizations that train HIV and AIDS counselors in
coordination with DSWD; and

d. Set the standards for HIV counseling and shall work closely with HIV and AIDS
civil society organizations that train HIV and AIDS counselors and peer educators
in coordination and participation of non-government organizations (NGOs)
government organizations (GOs), and Civil Society Organizations of People
Living with HIV (CSO-PLHIV)

All HIV testing facilities shall provide free pre-test and post-test HIV counseling to
individuals who wish to avail of HIV testing, which shall likewise be confidential. No HIV
testing shall be conducted without informed consent. The State shall ensure that
specific approaches to HIV counseling and testing are adopted based on the nature and
extent of HIV and AIDS incidence in the country.

The DOH shall also ensure access to routine HIV testing as part of clinical care in all
health care settings.
ARTICLE V
HEALTH AND SUPPORT SERVICES

SEC. 30. Access to Treatment by Indigents. — The DOH shall establish a program
that will provide free and accessible anti-retroviral treatment to all indigents living with
HIV who are enrolled in the program. Free medication for opportunistic infections shall
be made available to all indigents in the goverment treatment hubs. It shall likewise
designate public and private hospitals to become satellite hubs with an established HIV
and AIDS Core Team (HACT). A manual of procedures for management of people living
with HIV shall be developed by the DOH

SEC. 31. Economic Empowerment and Support. — Persons living with HIV shall not
be deprived of any employment, livelihood, micro-finance, self-help, and codperative
programs by reason of their HIV status. The DSWD, in coordination. with the DILG,
DOLE, and TESDA, shall develop enabling policies and guidelines to ensure economic
empowerment and independence designed for persons living with HIV

SEC. 32, Care and Support for Persons Living with HIV. —- The DSWD in
coordination with DOH and TESDA shall develop care and support programs for
persons living with HIV, which shall include peer-led counseling and support, social
protection, welfare assistance, and mechanisms for case management. These
programs shall include care and support for the affected children, families, and partners
of persons living with HIV.



SEC. 33. Care and Support for Overseas Workers Living with HIV. - The Overseas
Workers Welfare Administration (OWWA), in coordination with the DSWD, the DFA,
Commission on Filipinos Overseas and the Bureau of Quarantine, shall develop a
program to provide a stigma-free comprehensive reintegration, care, and support
program, including economic, social, and medical support, for overseas workers,
regardless of employment status and stage in the migration process

SEC. 34. Non-Discriminatory HIV and AIDS Services. - The members of the
Council, in cooperation with civil society organizations, and in collaboration with DOJ
and CHR, shall ensure the delivery of non-discriminatory HIV and AIDS services by
government and private HIV and AIDS service providers.

SEC. 35. Testing of Organ Donation. — Lawful consent to HIV testing of a donated
human body, organ, tissue, or blood shall be considered as having been given when

a. Aperson volunteers or freely agrees to donate one’s blood, organ, or tissue for
transfusion, transpiantation, or research; and

b. A legacy and a donation are executed in accordance with Sections 3 and 4
respectively, of Republic Act No. 7170 otherwise known as the Organ Donation
Act of 1991

SEC. 36. HIV Anti-Body Testing for Pregnant Women. — A health care provider who
offers pre-natal medical care shall routinely conduct HIV screening with an opt-out HIV
testing for pregnant women. The DOH shall provide the necessary guidelines for
healthcare providers in the conduct of the screening procedure

SEC. 37. Immunity for HIV Educators, Licensed Social Workers, Health Workers
and Other HiV and AIDS Service Providers. — Any person involved in the provision of
HIV and AIDS services, including peer educators, shall be immune from suit, arrest, or
prosecution, and from civil, criminal or administrative liability, on the basis-of their
delivery of such services in HIV prevention, or in relation to the legitimate exercise of
protective custody of children, whenever applicable. This immunity. does not include
acts which are committed in violation of this Act.

SEC. 38. Health Insurance. ~ The Philippine Health insurance Corporation (PhilHealth)
shall:

a, Develop an insurance package for persons living with HIV that shall include
coverage for in-patient and out-patient medical and diagnostic services, including
medication and treatment.

b. Introduce benefits to the unborn and newborn child from infected mothers;

<. Set a reference price for HIV services in government hospitals; and

d. Conduct programs to educate the human resource units of companies on the

PhilHealth package on HIV and AIDS.



The PhilHealth shall enforce confidentiality in the provision of these packages to
persons living with HIV.

No person living with HIV shall be denied or deprived of private health insurance under
a Health Maintenance Organization (HMO) and private life insurance coverage under a
life insurance company on the basis of the person's HIV status. The Insurance
Commission shall encorce the provision of life insurance coverage of persons applying
for such services and shall develop the necessary policies to ensure compliance.

SEC. 39. HIV and AIDS Monitoring and Evaluation. - The DOH shall maintain a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the
following purposes

a. Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippines to help the national government evaluate the adequacy and efficacy
of HIV prevention and treatment programs being employed;

», Receive, collate, process and evaluate all HIV and AIDS-related medical reports
from all hospitals, clinics, laboratories and testing centers, including HiV-related
deaths and relevant data from public and private hospitals, various databanks or
information systems: Provided, That it shall adopt a coding system that ensures
anonymity and confidentiality; and

c. Submit, through its Secretariat, an annual report to the Council containing the
findings of its monitoring and evaluation activities in compliance with this
mandate

ARTICLE Vi
CONEIDENTIALITY

SEC. 40. Confidentiality. - The confidentiality and privacy of any individual who has
been tested for HIV, has been exposed to HIV, has HIV infection or HIV and AIDS-
related ilinesses, or was treated for HIV-related illnesses shall be guaranteed. The
following acts violate confidentiality and privacy:

a. Disclosure of confidential HIV and AIDS information ~ Unless otherwise provided
in Section 41 of this Act, it shall be unlawful to disclose, without written consent,
information that a person had HIV-related test and AIDS, has HIV infection or
HIV-related ilinesses, or has been exposed to HIV.

The prohibition shall apply to any person, natural or juridical, whose work or
function involves the implementation of this Act.or the delivery of HiV-related
services, including those who handle or have access to personal data or
information in the workplace, and who, pursuant to the receipt of the required



written consent from the subject of confidential HIV and AIDS information, have
subsequently been granted access to the same confidential information

b. Media disclosure - It shall be unlawful for any editor, publisher, reporter, or
columnist in the case of printed materiais, announcer or producer in the case of
television and radio broadcasting, producer and director of films in the case of
the film industry, to disclose the name, picture, or any information that would
reasonably identify any person living with HIV or AIDS, or any confidential HIV
and AIDS information, without the prior written consent of their subject

c. Civil liability - Any person who has obtained knowledge of confidential HIV and
AIDS information and has used such information to malign or cause damage,
injury or loss to another person shall face liability under Articles 19, 20, 21 and 26
of the new Civil Code’ of the Philippines.

SEC. 41, Exceptions, — Confidential HIV and AIDS information may be released by HIV
testing facilities without written consent in the following instances:

a, When complying with reportorial requirements of the national active and passive
surveillance system of the DOH: Provided, That the information related to a
person's identity shall remain confidential; °

b, When informing other health workers directly involved in the treatment or care of
a person living with HIV: Provided, That such worker shall be required to perform
the duty of shared medical confidentiality; and

c. When responding to a subpoena duces tecum and subpoena ad testificandum
issued by a court with jurisdiction over a legal proceeding where the main issue
is the HIV status of an individual: Provided, That the confidential medical record,
after having been verified for accuracy by the head of the office or department,
shall remain anonymous and unlinked and shall be properly sealed by its lawful
custodian, hand delivered to the court, and personally opened by the judge:
Provided, further, That the judicial proceedings be held in executive session.

SEC. 42. Release of HIV-Rolated Test Results. ~The result of any test related to HIV
shail be released by the attending physician, who provides pre- and post-test
counseling only to the individual who submitted to the test. If the patient is below fifteen
(15) years old, an orphan, or is mentally incapacitated, the result may be released to
either of the patient's parents, legal guardian, or a duly assigned licensed social worker,
whichever is applicable.

SEC. 43. Disclosure to Sexual Partners. - Any person who, after having been tested,
is found to be infected with HIV, is strongly encouraged to disclose this health condition



to the spouse or sexual partner prior to engaging in penetrative sex or any potential
exposure to HIV. A person living with HIV may opt to seek help from qualified
professionals including medical professionals, health workers, peer educators, or social
workers to support him in disclosing this health condition to one’s partner or spouse
Confidentiality shall likewise be observed. Further, the DOH, through the Council, shall
establish an enabling environment to encourage newly tested HIV-positive individuals to
disclose their status to sexual partners.

SEC. 44, Duty of Employers, Heads of Government Offices, Heads of Public and
Private Schools or Training Institutions, and Local Chief Executives. ~ \t shall be
the duty of private employers, heads of government offices, heads of private and public
schools or training institutions, and local chief executives over all private establishments
within their territorial jurisdiction, to prevent or deter acts of discrimination against
persons living with HIV, and to provide for procedures for the resolution, settlement, or
prosecution of acts of discrimination. Towards this end, the employer, head of office or
local chief executive shall:

a. Promulgate rules and regulations prescribing the procedure’ for the investigation
of discrimination cases and the administrative sanctions thereof, and

b. Create a permanent committee on the investigation of discrimination cases, The
committee shall conduct meetings to increase the members’ knowledge and
understanding of HIV and AIDS, and to prevent incidents of discrimination. It
shall also conduct the administrative investigation of alleged cases of
discrimination.

ARTICLE Vii
DISCRIMINATORY ACTS AND PRACTICES
AND CORRESPONDING PENALTIES

SEC. 45. Discriminatory Acts and Practices. — The following discriminatory acts and
practices shall be prohibited:

a. Discrimination in the Workplace — The rejection of job application, termination of
employment, or other discriminatory policies in hiring, provision of employment,
and other related benefits, promotion, or assignment of an individual solely or
partially on the basis of actual, perceived, or suspected HIV status is a
discriminatory act and is prohibited

b. Discrimination in Learning Institutions — Refusal of admission, expulsion,
segregation, imposition of harsher disciplinary actions, or denial of benefits or
services of a student or a prospective student solely or partially on the basis of
actual, perceived or suspected HIV status is a discriminatory act and is
prohibited.



than five hundred thousand pesos (P500,000.00). Provided, That the law
enforcement agents found guilty shall be removed from public service;

Any person who knowingly or negligently causes another to get infected with HIV
in the course of the practice of profession through unsafe and unsanitary practice
and procedure shall, upon conviction, suffer the penalty of imprisonment of six
(6) years to twelve (12) years, without prejudice to the imposition of fines and

administrative sanctions, such -as suspension or revocation of professional
license.

The permit or license of the business entity and the accreditation of the HIV
testing centers may be cancelled or withdrawn if the said establishments fail to
maintain safe practices and procedures as may be required by the guidelines
formulated in compliance with Sections 25 and 26 of this Act;

‘Any person who violates the provision in Section 37 of this Act shall, upon
conviction, suffer the penalty of imprisonment of six (6) months to five (5) years
and a fine of not less than one hundred thousand pesos (P100,000,00) but not
more than five hundred thousand pesos (P500,000.00), Provided, That if the
person who violates this provision is a law enforcement agent or a public official,
administrative sanctions may be imposed in addition to imprisonment and/or fine,
at the discretion of the court;

Any person, natural or juridical, who denies life insurance coverage of any
person living with HIV in violation of Section 38 of this Act shall, upon conviction,
suffer the penalty of imprisonment of six (6) months to five (5) years and /or-a
fine of not less than fifty thousand pesos (P 50,000.00), at the discretion of the
court, and without prejudice to the imposition of administrative sanctions such as
fines, suspension or revocation of business permit, business license or
accreditation, and professional license.

‘Any person, natural or juridical, who violates the provisions in subparagraphs (a),
(b), oF (c) of Section 40 of this Act shall, upon conviction, suffer the penalty of
imprisonment of six (6) months to five (5) years, and/or. fine of not less than fifty
thousand pesos (P50,000.00) -but not more than five hundred thousand
(P500,000.00), or both imprisonment and fine, at the discretion of the court, and
without prejudice to the imposition of administrative sanctions such as
suspension or revocation of business permit, business license or accreditation,
and professional license



9g. Any person, -natural or juridical, who shall violate any of the provisions in
Sections 45 shall, upon conviction, suffer the penalty of imprisonment of six (6)
months to five (5) years and /or_a fine of not less than fifty thousand pesos (P
50,000,00) but not more than five hundred thousand (P500,000.00), at the
discretion of the court, and without prejudice to the imposition of administrative
sanctions such as fines, suspension or revocation of business permit, business
license or accreditation, and professional license

h. Any person who has obtained knowledge of confidential HIV and AIDS
information and uses such information to malign or cause damage, injury, or loss
to another person shall face liability under Articles 19, 20, 21, and 26 of the new
Civil Code of the Philippines.

Fines and penalties collected pursuant to this Section shall be deposited in the National
Treasury ‘ :

ARTICLE VII
FINAL PROVISIONS

SEC. 47. Appropriations, — The amount needed for the initial implementation of this
Act shall be charged against the appropriations for the Department of Health.
Thereafter, such sums as maybe necessary for the continued implementation of this act
shall be included in the annual General Appropriations Act.

The funding requirement needed to provide for the health insurance package and other
services for persons living with HIV as stated in Section 38 hereof shall be charged
against the PhilHealth's corporate funds.

SEC. 48. Transitory Provision. — The personnel designated by the DOH as Secretariat
of the Council under Section 7 of this Act shall be absorbed as permanent personnel to
fill the positions of the Secretariat as provided in this Act.

SEC. 49, Implementing Rules and ‘Regulations. — The Council within ninety (90)
days from the effectivity of this Act shall promulgate the necessary implementing rules
and regulations for the effective implementation of the provisions of this Act

SEC. 50. Repealing Clause. — Republic Act No. 8504, otherwise known as the
Philippine AIDS Prevention and Control Act of 1998, is hereby repealed.

All decrees, executive orders, proclamations and administrative regulations or parts
thereof, particularly in the Republic Act No. 3815, otherwise known as the Revised
Penal Code, Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997,
Executive Order No. 209, otherwise known as the Family Code of the Philippines,
Republic Act No. 7719, otherwise known as the National Blood Services Act, Republic
Act No. 9165, otherwise known as the Dangerous Drugs Act and Republic Act No



7170, otherwise known as the Organ Donation Act of 1991, inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly

SEC. 51. Separability Clause. — If any provision or part of this Act is declared
unconstitutional the remaining parts or provisions not affected shall remain in full force
and effect.

SEC, 52. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,