Republic of the Phil
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Regular Session

House BILLNO.2744

Introduced by HONORABLE 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 ngw HIV infections, zero

discrimination and zero AIDS-related deaths.

Lope District, Ifugao



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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2744

Introduced by Representative TEDDY BRAWNER BAGUILAT

“AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND AIDS
PREVENTION, TREATMENT, CARE AND SUPPORT AND ESTABLISHING THE
PHILIPPINE NATIONAL HIV AND AIDS PROGRAM, REVISING 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 “The Revised Philippine HIV
and AIDS Policy and Program Act of 2013"

SEC. 2. Declaration of Policies, - The Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (HIV and AIDS) are public health concerns that have wide-
ranging social, political, and economic repercussions. Responding to the HIV and AIDS
epidemic is therefore imbued with public interest, and 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
equality, and meaningful participation of communities affected by the epidemic.

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Adopt a multi-sectoral approach in responding to the HIV epidemic by ensuring that
local communities, civil society organizations, and persons living with HIV are involved
in the process.

. 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

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The State shall positively address and seek to eradicate conditions that aggravate the
spread of HIV infection, including but not limited to, poverty, gender inequality,
prostitution, marginalization, drug abuse and ignorance.

Respect for, protection of and promotion of human rights are the cornerstones 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

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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,
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. - As used in this Act, the following terms shall be defined
as follows:

a. Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a
body's immune system is reduced due to HIV infection, making an individual
susceptible to opportunistic infections;

b. Anti-retroviral Treatment refers to the treatment that stops or suppresses a
retrovirus like HIV;

©. Civil Society Organizations (CSOs) refer to a group or groups of non-
governmental and non-commercial individuals or legal entities that are engaged in
uncoerced collective action around shared interests, purposes and values;

d. Community-based research takes place in community settings and involves community
members in the design and implementation of research projects.

d.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;

Discrimination refers to any action taken to distinguish, exclude, restrict or show
preference based on any ground such as sex, gender, age, sexual orientation, gender
identity, economic status, disability, and ethnicity, 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;

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 charged with
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;

oe

=

Gender Identity refers to a person's internal 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 other
experience of gender, among them, dress, speech, and mannerism;

i. Harm Reduction refers to comprehensive and integrated evidence-based policies,
programs and approaches that aim to reduce the harmful consequences on health, social

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relations, and economic conditions that are associated with the use of psychoactive
‘substances.

j. HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council (PNAC) to conduct
training or counseling on HIV and AIDS, HIV prevention, and human rights and
stigma reduction;

k. HIV Counseling refers to the provision of information on HIV and AIDS, how it
is spread and how it may be prevented, risk-reduction approaches, and
information on treatment, care and support for persons living with HIV, which is
conducted before and after HIV testing;

| HIV Testing refers to any facility-based or mobile medical procedure that is conducted
to determine the presence or absence of HIV in person's body, is confidential,
voluntary in nature and must be accompanied by counseling prior to, and after the
testing, and conducted only with the informed consent of the person;

m.HIV-Related Testing refers to any laboratory testing or procedure done on an individual
Whether the person is HIV positive or negative;

n. 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;

Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS;

p. Key Affected Populations at Higher Risk of HIV Exposure or ‘Key Populations’ refer to
those persons whose behavior make them more likely to be exposed to HIV or to
transmit the virus, as determined by PNAC. The term includes children below the age
of eighteen (18), youth and adults living with HIV; men who have sex with men;
transgender persons; people who inject drugs; and people who sell sexual services or
favors;

Laboratory refers to areas or places where research studies are being undertaken to
further develop local evidence base for effective HIV programs

2

Non-Mandatory HIV Anti-Body 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, The person may elect to decline or defer testing
such that consent is conditional

Opportunistic Infection (Ol) refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune systems;

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t. Person Living with HIV refers to any individual diagnosed to be infected with HIV;

u. Sexually Transmitted Infections (ST!) refer to infections that are spread through the
transfer of organisms from one person to another through sexual contact;

v. 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;


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w. 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;

x. 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;

z. Treatment Hubs refer to private and public hospitals or medical establishments
accredited by the Department of Health (DOH) to have the capacity and facility to provide
anti-retroviral treatment;

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

bb, Vulnerable Communities refer to communities and groups who are suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment,
and other similar social, economic, cultural and political conditions, making them more
susceptible to HIV infection and to developing AIDS;

cc. Work Place refers to the office, premises and work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or definite
work site, regularly report for assignment in the course of their employment.

SEC. 4. Philippine National AIDS Council. - The Philippine National AIDS Council
(PNAC), hereinafter referred to as the Council, established under Section 43 of R.A. 8504
otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”, shall be
reconstituted and strengthened to ensure the implementation of the country's response to
the HIV and AIDS epidemic. The Council shall be the central policy-making, planning,
implementing, coordinating and advisory body for Philippine National HIV and AIDS
Program. It shall be an agency attached to the Department of Health.

SEC. 5. Functions of the PNAC. - The Council shall perform the following functions:

4. Develop the National HIV and AIDS Program in collaboration with relevant
government agencies and civil society organizations;

2. Ensure the operationalization and implementation of the National HIV and
AIDS Program;

3. Coordinate with government agencies that are mandated to implement the
provisions of this Act;

4. Develop, enforce, and/or ensure the implementation of the guidelines and
policies that are stipulated in this Act, including other policies that may be
necessary to implement the National HIV and AIDS Program;

5. Monitor the progress of the epidemic;
6. Monitor the implementation of the National HIV and AIDS Program, undertake

mid-term assessments and evaluate its impact, and conduct annual reporting to
Congress


Strengthen the collaboration between government agencies and civil society

organizations involved in the implementation of the National HIV and AIDS
Program, including the delivery of HIV and AIDS related services;

8. Organize itself to enhance the efficiency of the multi-agency and multi-sectoral
structure;

9. Mobilize domestic and international sources of fund to finance the National
HIV and AIDS Program;

10. Coordinate and cooperate with foreign and international organizations
regarding funding, data collection, research, and prevention and treatment
modalities on HIV and AIDS; and

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Recommend policy reforms to Congress, DOH and other government

agencies to strengthen the country's response to the epidemic.

Sec. 6. Membership and Composition. — a) The Council shall be composed of twenty-
six (26) members as follows

20.

The Secretary of the Department of Health;

The Secretary of the Department of Education;

The Chairperson of the Commission on Higher Education;

The Director-General of the Technical Education and Skills Development
Authority;

The Secretary of the Department of Labor and Employment,

The Secretary of the Department of Social Welfare and Development,

The Secretary of the Department of the Interior and Local Government;
The Secretary of the Department of Justice;

The Director-General of the National Economic and Development Authority;
The Secretary of the Department of Tourism;

. The Secretary of the Department of Budget and Management;
. The Secretary of the Department of Foreign Affairs;

The Head of the Philippine Information Agency;
The President of the League of Governors;
The President of the League of City Mayors;

. The Chairperson of the Committee on Health of the Senate;
. The Chairperson of the Committee on Health of the House of

Representatives;

Two (2) representatives from organizations of medical/health professionals;
Six (6) representatives from non-government organizations involved in HIV
and AIDS prevention and control efforts or activities; and

A representative of an organization of persons living with HIV.

b) The heads of government agencies may be represented by an official from their
respective agencies with a rank not lower than an Undersecretary;

c) 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;


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4) To the greatest extent possible, appointment to the Council must ensure sufficient and
discernible representation from the fields of medicine, education, health care, law,
labor, ethics and social services;

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

g) The Secretary of Health shall be the permanent Chairperson of the Council. However,
the Vice-Chairperson shall be elected from among the members, and shall serve for a
term of two (2) years; and

h) Members representing medical or health professional groups and the six (6) non-
government organizations shall serve for a term of two (2) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

Sec. 7. Secretariat. - The PNAC shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capability who shall be conferred
permanent appointments, subject to Civil Service rules and regulations. It 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:
1, Coordinate and manage the day-to-day affair of the Council;

2. Assist in the the formulation, monitoring, and evaluation of the National HIV and
AIDS Programs and policies;

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

4. Assist the Council in identifying and building internal and external networks and
partnerships;

5. Coordinate and support the efforts of the Council and its members to mobilize
resources;

6. Serve as the clearing house and repository of HIV and AIDS-related
information;

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

8. Provide administrative support to the Council; and
9. Perform other functions as may be provided by the Council

SEC. 8. HIV Prevention. - The government 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, especially among 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.


a. Evidence-Informed, Gender Sensitive, Age-Appropriate, and Human Rights-Based
Preventive Measures - The HIV and AIDS prevention programs shall be based on up-
to-date evidence and scientific strategies and shall be age-appropriate. The
government shall therefore actively promote safer sex behavior, especially among key
Populations; safer practices that reduce risk of HIV infection; access to treatment;
consistent sexual abstinence and sexual fidelity; and, the consistent and correct
condom use.

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HIV and AIDS Education as a Right to Health and Information - HIV and AIDS
education and information dissemination shall form part of the right to health. The
knowledge and capabilities of all public health practitioners, workers and personnel
shall be enhanced to include skills for proper information dissemination and education
on HIV and AIDS. It shall likewise be considered a civic duty of health providers in the
private sector to make available to the public such information necessary to control the
spread of HIV and AIDS and to correct common misconceptions about the disease.
The training of health workers shall include discussions on HIV-related ethical issues
such as confidentiality, informed consent and the duty to provide treatment.

HIV and AIDS Education and Information. - The State shall educate the public,
especially the key populations and vulnerable communities, 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.

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1. HIV and AIDS Education for Key Populations and Vulnerable Communities. - To
ensure that HIV services reach populations at higher risk such as men who
have sex with men, transgender, persons, people who inject drugs, sex workers
and their clients, and seronegative partners in serodiscordant couples, among
others, the State, through the PNAC and in collaboration with HIV and AIDS civil
society organizations, shall support and provide funding for HIV and AIDS.
education programs, such as peer education and outreach activities that target
these populations and other vulnerable communities. The PNAC shall likewise
craft the guidelines for peer education and outreach activities.

ny

Age-Appropriate HIV and AIDS Education in Schools. - Using official
information and data from the PNAC, 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 subjects
taught in public and private schools at intermediate grades, secondary and
tertiary levels, including non-formal and indigenous learning systems.

The learning modules shall include information on treatment, care and support
to promote stigma reduction.

The learning modules that shall be developed to implement this provision shall
be done in coordination with the PNAC and stakeholders in the education
sector. Referral mechanisms, including but not limited to, the DSWD Referral
System, shall be included in the modules for key populations and vulnerable
communities.

All teachers and instructors to be assigned to handle these learning modules
shall be required to undergo seminars or trainings on HIV and AIDS prevention
that shall be supervised by the PNAC in coordination with concerned agencies.

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3. HIV and AIDS Education in the Workplace. - All public and private employees,
workers, managers, and supervisors, including members of the Armed Forces
of the Philippines (AFP) and the Philippine National Police (PNP), 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 DOLE and the CSC shall ensure that the HIV and AIDS
education program in the workplace is industry or sector-appropriate and shall
ensure the full participation of employers and workers in designing the content
of the program. Referral mechanisms for key populations and vulnerable
communities shall also be developed and instituted by the DOLE and the CSC
in coordination with the PNAC.

ES

HIV and AIDS Education for Filipinos Going Abroad. — In coordination with the
PNAC, the Department of Foreign Affairs (DFA) and the DOLE shall ensure that
all overseas Filipino workers, including diplomatic, military, trade, labor officials,
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 HV-related services and facilities before certification for
overseas assignment,

a

HIV and AIDS Education in Communities - The DILG, League of Governors and
League of Mayors, through the Local HIV and AIDS Council (LAC) or the Local
Health Board and in coordination with the PNAC, local governments shall
conduct public awareness campaigns on HIV and AIDS and shall educate local
communities, through various channels, on evidence-based, gender-sensitive,
age-appropriate and human rights-oriented prevention tools to stop the spread
of HIV. For these purposes, the LGUs are hereby authorized to utilize the
Gender and Development (GAD) Funds for HIV and AIDS education in
communities.

In coordination with the Department of Social Welfare and Development, local
governments shall also conduct age-appropriate HIV and AIDS education for
out-of-school youths.

2

Information for Tourists and Transients - Educational materials on the cause,
modes of transmission, prevention, and consequences of HIV infection shall be
adequately provided at all international ports of entry and exit. The Department
of Tourism, the DFA, and the Bureau of Immigration, in coordination with the
PNAC stakeholders in the tourism industry, shall lead the implementation of this
provision.

HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is
voluntary and confidential. All HIV testing facilities shall be required to provide free HIV
counseling to individuals who wish to avail of HIV testing and counseling which shall
likewise be confidential. To implement this provision:

4. The DOH shall acoredit public and private HIV testing facilities based on their
capacity to deliver testing services, including HIV counseling. Only DOH-
accredited HIV testing facilities shall be allowed to conduct HIV testing;

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2. The DOH shall lead the development of the guidelines for the conduct of HIV
counseling and HIV testing, including mobile HIV counseling and testing, by
testing facilities. The guidelines shall ensure, among others, that HIV testing is
voluntary and confidential and that HIV counseling is available at all times and
provided by qualified persons and DOH-accredited providers;

3. The DOH shall accredit institutions or organizations that train HIV and AIDS
counselors; and

4. The PNAC shall 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.

a. Positive Prevention - The DOH shall lead, in coordination with the local government
units, and other relevant government agencies, private sector and civil society
organizations, in promoting preventive measures that shall focus on the positive roles
of persons living with HIV. Such preventive measures shall cover, among others, (i) the
creation of rights-based and community-led behavior change programs that seek to
encourage HIV risk reduction behavior among persons living with HIV; (li) the
establishment and enforcement of rights-based mechanisms to encourage newly
tested HIV-positive individuals to conduct sexual contact tracing and to promote HIV
status disclosure to sexual partners; (il) the establishment of standard precautionary
measures in public and private health facilities; (iv) the accessibility of anti-retroviral
treatment, management of opportunistic infections, and health services related to
sexually transmitted infections; and (v) the mobilization of communities of persons
living with HIV, for public awareness campaigns and stigma reduction activities. The
‘enforcement of this provision shall not lead to or result in the discrimination or violation
of the rights of persons living with HIV.

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Harm Reduction — Ensuring the confidentiality of the people enrolled and engaged in
the harm reduction program, the DILG and the DOH, in close coordination with the
Dangerous Drugs Board (DDB), shall take the lead in the provision of services in
accordance with the human rights and evidence-based HIV prevention policy and
program.

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

°

d. Standard Precaution. - The DOH shall establish guidelines on donation of blood,
tissue or organ, surgical and other similar procedures based on the following
principles:

4, Donation of tissue or organs, whether gratuitous or onerous, shall be accepted
by a laboratory or institution only after a sample from the donee has tested
negative for HIV. All donated blood shall also be subjected to HIV testing. HIV
positive blood shall be disposed of properly and immediately. 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 tested positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal requirements.

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The DOH, in consultation with concerned professional organizations and
hospital associations, shall issue guidelines on precautions against HIV
transmission during surgical, dental, embalming, tattooing or similar procedures
and guidelines on the handling and disposition of cadavers, body fluids or
wastes of persons known or believed to be HIV positive. 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.

SEC. 9. Treatment, Care and Support for Persons Living with HIV and AIDS. -

a. National HIV and AIDS Treatment Program. - The DOH shall establish a program to
provide free and accessible anti-retroviral treatment to all indigents living with HIV and
AIDS. Free medication for opportunistic infections shall also be provided to persons
living with HIV who are enrolled in the program. It shall likewise establish or accredit
public and private treatment hubs and shall have the authority to develop guidelines on
the provision of anti-retrovirals.

Health Insurance. - The Philippine National Health Insurance Corporation
(PHILHEALTH) shall 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, The PHILHEALTH shall enforce confidentiality in
the provision of these packages to persons living with HIV.

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No person living with HIV shall be denied of private health and life insurance coverage
‘on the basis of the person’s HIV status, The Insurance Commission shall implement
this provision and shall develop the necessary policies to ensure compliance.

. Economic Empowerment and Support - Persons living with HIV shall not be deprived
of any employment, livelihood, micro-finance, self-help, and cooperative programs by
reason of their HIV status. The DOLE, and the DSWD, in coordination with the TESDA
and with local government units, shall develop programs to ensure economic
‘empowerment and provide economic support to persons living with HIV.

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|. Care and Support for Persons Living with HIV. - The DSWD 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.

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Care and Support for Overseas Workers Living with HIV. - The Overseas Workers
Welfare Administration, in coordination with the DSWD and the DFA, shall develop a
program to provide a stigma-free comprehensive reintegration, care and support
program, including economic, social and medical support, for overseas workers who
have been repatriated or are about to be repatriated due to their HIV status.

°

SEC. 10. Stigma Reduction and Human Rights. - The country’s response to the HIV
and AIDS phenomena shall be anchored on the principles of human rights and human
dignity, and public health concern shall be aligned with the following internationally-
recognized human rights instruments and standards:

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1 <a. Prohibition on Compulsory HIV Testing - As a policy, the State shall encourage
2 voluntary HIV testing. Written consent from the person taking the test must be
3 obtained before HIV testing. If the person is below fifteen (15) years of age or is
4 mentally incapacitated, such consent shall be obtained from the child’s parents, legal
5 guardian, or whenever applicable, from the licensed social worker, licensed health
6 service providers, or a DOH-accredited health service provider assigned to provide
7 health services to the child.

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9 In keeping with the principle of “evolving the capacities of the child” as defined in
10 Section 3 (F) of this Act, HIV testing and counseling shall be made available to a child
i under the following conditions:

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3 1. The child, who is above the age of fifteen (15) years but below eighteen (18)
14 years, expresses the intention to submit to HIV testing and counseling and other
15 related services;

16 2. Reasonable efforts were undertaken to locate, provide counseling to, and to
17 obtain the consent of, the parents, but the parents are absent or cannot be
18 located, or otherwise refuse to give their consent;

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20 3. Proper counseling shall be conducted by a social worker, health care provider
21 or other health care professional, accredited by the DOH or DSWD; and

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23 5. The licensed social worker, health care provider or other health care
24 professional shall determine that the child is “at higher risk of HIV exposure,” as
25 defined in Section 3 (O) of this Act, and that the conduct of the testing and
26 counseling is in the child's best interest and welfare.

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28 b. Compulsory HIV Testing - Compulsory HIV testing shall be allowed only in the

29 following instances:

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31 4. a person is charged with any of the offenses punishable under Articles 264,
32 266, 336 and 338 of the Revised Penal Code, as amended by Republic Act No.
33 8353, otherwise known as the Anti-Rape Law of 1997;

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35 2. the determination of HIV status is necessary to resolve the relevant issues
36 under the Family Code;

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38 3. to comply with the provisions of Republic Act No. 7170, also known as the
39 “Organ Donation Act of 1991” ;

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41 4. to comply with the provisions of Republic Act No. 7719, otherwise known as

2 the "National Blood Services Act of 1994” and

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44 c. Stigma-Free HIV and AIDS Services - The PNAC, in cooperation with public and
45 private HIV and AIDS service providers and civil society organizations, and in
46 collaboration with the Commission on Human Rights, shall ensure the delivery of
47 stigma-free HIV and AIDS services by government and private HIV and AIDS service
48 providers.

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50d. Testing of Organ Donation - Lawful consent to HIV testing of a donated human body,
51 organ, tissue or blood shall be considered as having been given when:


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1. A person volunteers or freely agrees to donate his or her blood, organ, or tissue
for transfusion, transplantation, or research;

2. A person has executed a legacy in accordance with Sec. 3 of Republic Act No.
7170; and

3. A donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

e.HIV Anti-Body Testing for Pregnant Women — A health care provider who offers pre-
natal medical care shall make a non-mandatory HIV anti-body testing available for
pregnant women practicing high risk behavior or are vulnerable to HIV. The DOH shall
provide the necessary guidelines for health care providers in the conduct of the screening
procedure.

f. Redress Mechanism. - The Department of Justice and the Commission on Human
Rights, 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.

g. Acts of Discrimination. - The following discriminatory acts shall be prohibited:

41. 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;

2. Refusal of admission, expulsion, segregation, imposition of harsher disciplinary
actions, or denial of services or benefits, of a student or prospective student
solely or partially on the basis of actual, perceived or suspected HIV status;

3, Restrictions on travel within the Philippines, refusal of lawful entry to the
Philippine territory, deportation from the Philippines, or the quarantine or
enforced isolation of travelers solely or partially actual, perceived or suspected
HIV status;

4. Restrictions on housing or lodging solely or partially on the basis of actual,
perceived or suspected HIV status;

5. Prohibitions on the right to seek an elective or appointive public office solely or
partially on the basis of actual, perceived or suspected HIV status;

6. 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:
Provided, That the person living with HIV has not misrepresented the fact to the
insurance company or loan or credit service provider upon application;

7. Denial of health services, or be charged with higher fee, on the basis of actual,
perceived or suspected HIV status;

8. Denial of burial services for a deceased person who had HIV and AIDS or who
was known, suspected or perceived to be HIV positive; and

9. Other similar or analogous discriminatory acts.
12


SEC. 11. Immunity for HIV Educators, Licensed Social 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 Section 8 hereof, or in relation to the legitimate exercise of protective custody of
children, whenever applicable. The Department of Justice (DOJ), the DILG and the
PNP, in coordination with the PNAC, shall develop the mechanism for the implementation
of this provision.

SEC. 12 Confidentiality. - The State shall guarantee 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 illnesses, or has been treated for HIV-related illnesses.

a. Confidential HIV and AIDS Information - Unless otherwise provided in Section 12 (c) of
this Act, it shall be unlawful to disclose, without written consent, information that a
person:

1. had an HIV-related test;
2. has HIV infection, HIV-related ilinesses, or AIDS; or
3. 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.

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

S

Release of HIV Testing and HIV-Related Test Result. - The result of any HIV testing or
HIV-related testing shall be released only to the individual who submitted to the test, or
the spouse, upon receipt of post-test counseling, if applicable. If the patient is a minor,
an orphan, or is mentally incapacitated, the result may be released to either of the
patient's parents, legal guardian, or a duly assigned social worker, whichever is
applicable.

2

Exemptions. - Confidential HIV and AIDS information may be released by HIV testing
facilities without written consent on the following grounds:

1. When complying with the 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;

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


3. 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 be properly sealed by its lawful custodian, hand delivered to
the Court, and personally opened by the judge: Provided, further, That the
judicial proceedings shall be held in executive session.

d. Disclosure to Sexual Partners. - Any person who, after having been tested, is found to
be infected with the HIV virus, is obliged 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 medical professionals, health
workers, or peer educators to support him in disclosing this health condition to one’s
partner or spouse,

©

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 may face liability under Articles 19, 20, 21, and 26 of the Civil Code.

SEC. 13. National HIV and AIDS Program. - A six-year National HIV and AIDS Program
shall be formulated and periodically updated by PNAC. The Program shall comprise of
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 response;
6) the five-year operationalization of the program and the identification of the government
agencies that shall implement the program from the national to the local levels; and d)
the budgetary requirements and a corollary investment pian that shall identify the sources
of funds for its implementation.

SEC, 14. National HIV and AIDS and STI Prevention and Control Program of the
Department of Health - The National HIV and AIDS and STI Prevention and Control
Program (NASPCP) of the Department of Health, which shall be staffed by qualified
medical specialist and support personnel with permanent appointments, shall coordinate
with PNAC for the implementation of the health sector's HIV and AIDS and STI response,
as identified in the National HIV and AIDS Program.

SEC. 15. HIV and AIDS Monitoring and Evaluation. - The DOH shall establish a
‘comprehensive HIV and AIDS monitoring and evaluation program that shall serve the
following purposes:

»

Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippines to help the national response determine the efficacy and adequacy of
HIV prevention and treatment programs;

s

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
all 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

‘Submit an annual report to the Office of the President, Congress, and members of the
PNAC the findings of its monitoring and evaluation activities in compliance with this
mandate.

2


SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. - Misinformation on
HIV and AIDS through false and misleading advertising and claims, or the promotional
marketing of drugs, devices, agents or procedures without prior approval from the PNAC,
and the Food and Drug Authority (FDA) and 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.

SEC. 17. Prohibition on the Use of Condoms, Other Safer Sex Paraphernalia, and
Sterile Injecting Equipment as Basis for Raids and Similar Police Operations - It
shall be unlawful to use the presence of used or unused condoms, other safer sex
paraphernalia and sterile injecting equipment to conduct raids or similar police operations
in sites and venues of HIV prevention interventions.

The DILG and DOH, in coordination with the DDB, shall establish a national policy to
guarantee the implementation of this provision.

SEC. 18. Penalties. - The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act:

a. Any person found guilty of violating Section 9 (b); Section 10 (b) ; Section 10 (g); and
Section 12 (a,b,c and e) of this Act shall suffer the penalty of imprisonment for six (6)
months to five (5) years and/or a fine of not less than Fifty Thousand Pesos (P50,
000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), without
prejudice to the imposition of administrative sanctions such as fines and suspension or
revocation of the entity's business permit, license or accreditation or the individual's
license to practice his or her profession.

s

‘Any person who commits any act of discrimination as stipulated in Section 10 (g) of
this Act may face liability under Articles 19, 20, and 21 of the Civil Code.

Any person found guilty of violating Section 11 of this Act shall suffer the penalty of
imprisonment for 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 violator is a law enforcer or a public official,
administrative sanctions may be imposed in addition to the above penalties.

°

2

‘Any person found guilty of violating Section 16 of this Act shall suffer the penalty of
imprisonment for two (2) months to two (2) years, without prejudice to the imposition of
administrative sanctions such as fines and suspension or revocation of professional or
business license.

Any person or any law enforcer found guilty of violating Section 17 of this Act shall
suffer the penalty of imprisonment for one (1) year 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). Law enforcers found guilty of violating this
section 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 one’s profession through unsafe and unsanitary practice or
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12)
years, without prejudice to the imposition of administrative sanctions such as fines and
suspension or revocation of the license to practice one’s profession. The permit or
license of any business entity and the accreditation of HIV testing centers may be
cancelled or withdrawn if said establishments fail to maintain such safe practices and

15


procedures as may be required by the guidelines formulated in compliance with
Section 8 (h-2) of this Act.

The penalties collected pursuant to this Section shall be deposited in the National
Treasury as income of the general fund.

SEC. 19. Duty of Employers, Heads of Government Offices, Heads of Public and Private
Schools or Training Institutions, and Local Chief Executives. It shall be the duty of
private employers, heads of the 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:

»

Promulgate rules and regulations prescribing the procedure for the investigation of
discrimination cases and the administrative sanctions therefor.

s

Create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the 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.

SEC.20. Congressional Oversight Committee. - To ensure the effective
implementation of this Act, a Congressional Oversight Committee shall be established,
hereinafter referred to as the HIV and AIDS Oversight Committee, that shall be
composed of three members (3) from the Senate, who shall include the Chairperson of
the Senate Committee on Health and Demography, and three (3) members from the
House of Representatives, who shall include the Chairperson of the House Committee on
Health. The HIV and AIDS Oversight Committee shall be jointly chaired by the
Chairpersons of the Senate Committee on Health and Demography and the House
Committee on Health.

The oversight committee shall exist for a period not exceeding three (3) years from the
effectivity of this Act, after which the oversight functions shall be undertaken by the
Committee on Health and Demography of the Senate of the Philippines and the
Committee on Health of the House of Representatives.

SEC. 21. Appropriations. - The initial amount necessary to implement the provisions of
this Act shall be charged against the current year's appropriation of the Philippine
National Aids Council under 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.

SEC.22. Implementing Rules and Regulations. - The Philippine National AIDS Council
shall promulgate the necessary implementing rules and regulations within sixty (60) days
from the effectivity of this Act.

SEC. 23. Transitory Provision -The personnel designated by the Department of Health
as the Secretariat of PNAC under Section 47 of RA 8504 shall be absorbed as
permanent personne! to fulfill the Secretariat functions stipulated in this Act.

SEC. 24. Separability Clause. - Any portion or provision of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying the other portions
16


BioSecwrsavevon—

and provisions hereof as long as such remaining portion or provision can still subsist and
be given effect in their entirety.

SEC. 25. Repealing Clause. - Republic Act No. 8504, otherwise known as the
“Philippine AIDS Prevention and Control Act of 1998" and all decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent herewith are
hereby repealed, amended or modified accordingly.

SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in any national paper of general circulation

Approved,

7