FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: "The State shall promote the right to 
health of the people and instill health consciousness among them." 
Kidney transplantation is supposedly the best treatment option for patients diagnosed 
with end stage renal disease. Transplant patients get an opportunity to have a better quality of 
life. Indeed, most are able to return to a life ofnorma1cy. 
The practice of kidney transplantation in the country is not without controversy. In the 
Philippines, transplanted kidneys are usually sourced from "living" donors. According to the 
Philippine Renal Registry Report, in 2009, 95.5% (639 out of 669) of transplanted kidneys came 
from living donors, 70.1% (448 out of 639) of whom were not related by blood to the kidney 
recipients at all. Kidneys from deceased donors reportedly constituted only 45% (30 out of 669) 
of the total number of transplanted kidneys. 
Many of the non-related living "donors" are reportedly destitute individuals who sold 
their kidneys to rich patients in need. These "donors" are supposedly recruited by middle men 
who go around the different parts of the country convincing them to sell their kidneys in 
exchange for about PIOO,OOO.OO. The crime is perfected by unscrupulous surgeons and hospitals 
out to make huge amounts of money at the expense of these poor people. 
Thus, there is a need to legislate the establishment of an effective, efficient and ethical 
organ procurement system that will equitable allocate organs from deceased donors to potential 
transplant recipients in order to control the exploitative practice of organ buying and selling. 
This bill seeks to establish a National Program for Sharing of Organs from Deceased 
Donors, as proposed by upright nephrologists and transplant surgeons who wish to correct this 
deplorable situation. The proposed bill is based on Department of Health Administrative Order 


2010-0019, or the "Establishment of a National program for Sharing of Organs from Deceased 
Donors," which was issned by former health Secretary Esperanza A. !casas-Cabral. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT -3 P3 :20 
SENATE 
S. No. 
2979 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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ESTABLISHING A NATIONAL PROGRAM FOR SHARING OF ORGANS 
FROM DECEASED DONORS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION I. Title. - This Act shall be known as the "Deceased Organ Donor Act of 
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2011". 
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SECTION 2. Declaration of Policy. - The State shall protect and promote the right to 
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health of the people and instill health consciousness among them. It also recognizes the 
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importance of an active deceased donor program in providing valuable treatment to those with 
9 
kidney failure as well as in protecting the vulnerable sectors of society from the potential for 
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abuse of living organ donors. 
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It is a policy of the State that the human body or any of its parts, is beyond the commerce 
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of man. Thus, any commercialization in the handling of organs for transplantation is prohibited. 
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The State shall respect the desire of citizens to donate organs and shall ensure that the consent 
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process is informed and purely voluntary. It also recognizes the family'S right to make a choice 
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by having access to complete information, including the positive impact that the act of organ 
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donation will have on fellow Filipinos. 
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SECTION 3. Definition of Terms. - For pUlJloses of this Act: 
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a) "Attending Physician" or "AP" is the primary physician responsible for both the care 
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and management of the potential multiple organ donor. 
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b) "Brain Death" or "BD" is the irreversible cessation of all functions of the entire brain, 
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including the brain stem. 


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c) "Death" is the irreversible cessation of circulatory and respiratory functions or the 
irreversible cessation of all functions of the entire brain, including the brain stem, 
which is determined in accordance with acceptable medical practice and diagnosed 
separately by the attending physician and another consulting physician, both of whom 
must be appropriately qualified and suitably experienced in the care of snch patients. 
d) "Decedent" refers to a deceased individual, and includes a stillborn infant or fetus. 
e) "Donor Service Area" or "DSA" refers to the territorial jnrisdiction of an organ 
procnrement organization as may be designated by the PHILNOS. 
f) "Gift" or "Incentive" refers to money in any form, i. e., cash, check or its equivalent in 
kind, which is given to the donor fi'om the recipient and considered unduly beneficial 
to the donor. 
g) "Host OPO" is the particular Organ Procnrement Organization (OPO) which, having 
received an organ donor call from a referring hospital, assumes responsibility for 
organ procnrement. 
h) "Organ Procnrement" is the administrative procedure involved with acquiring organs 
for transplantation through various programs, systems, or organizations. It includes 
obtaining consent, donor management, and arranging for transpoliation of donor 
organs to the hospital for processing and transplant. 
i) "Organ Procurement Organization" or "OPO" is a Philippine Network for Organ 
Sharing Corporation (PHILNOS) accredited non-profit organization, independent or 
hospital-based, licensed and authorized by the DOH to procnre organs for 
transplantation. The OPO is responsible for the procurement of organs from deceased 
donors from hospitals, including preservation and transportation of such orgallS. 
j) "Organ Transplant Candidate" or "OTC" is a patient diagnosed with an end-stage-
organ-disease and is medically suitable to receive an organ graft. 
k) "Organ-Specific Allocation Scoring System" or "OSASS" is the national scoring 
system by which allocation of organs/grafts from deceased donors shall be based. 
I) "Philippine Organ Donor and Recipient Registry System" or "PODRRS" is the web-
based electronic utility used by the PHILNOS contractor to conduct its business. The 
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PODRRS comprises of the national database of all organ transplant candidates, organ 
transplant recipients, and organ donors, and all other software, applications and 
security architecture needed for the collection, modification, validation, reporting, 
management and redundancy of data associated with the tasks and activities of the 
PHILNOS. 
m) "Potential Multiple Organ Donor" or "PMOD" is any patient who will imminently 
become brain dead, or who currently meets the criteria for brain death. 
n) "Referring Hospital" or "RH" refers to any hospital that identifies and refers potential 
deceased organ donors to PHILNOS. 
0) "Testator" is an individual who makes a legacy of all or part of his body. 
p) "Transplant Center" or "TxC" refers to any hospital which is duly accredited by the 
Department of Health (DOH) to perform organ transplantation. 
q) "Transplant Coordinator" or "TC" refers to the designated trained health care 
professional who takes the central role and acts as liaison between the referring 
hospital, and the retrieval and transplant team members in processing a potential 
organ donor. 
r) "Procurement Transplant Coordinator" or "PTC" is the TC who shall have the 
responsibility of coordinating the donor's evaluation, management, and recovery of 
organs for transplantation. 
s) "Clinical Transplant Coordinator" or "CTC" is the TC who shall have the 
responsibility of coordinating the transplant candidate's evaluation, management, and 
follow-up care. 
t) 
"Transplant Doctor" is a licensed physician who is involved in the care and/or 
24 
management of a transplant candidate or recipient. 
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SECTION 4. Creation and Nature of the Corporation. - The Philippine Network for 
26 
Organ Sharing Corporation (PHILNOS) is hereby created, which shall have the status of a tax-
27 
exempt government corporation attached to the DOH for policy coordination and guidance. It 
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shall facilitate a national system of promoting organ donation from deceased donors and sharing 
29 
of organs in coordination with private organ procurement organizations. It is tasked to serve as 
3 


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the central coordinating body for all deceased organ donation and transplantation activities in the 
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conntry. 
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SECTION 5. Records and Reports. - The PHILNOS shall keep snch records as may be 
4 
necessary for the pnrpose of making actuarial studies, calculations and valuations of its funds. 
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The PHILNOS shall maintain appropriate books of accounts to record its assets, liabilities, 
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income, expenses, receipts and disbnrsement of funds and other financial transactions and 
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operations. 
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SECTION 6. Examination and Valuation of the Funds. - The PHILNOS shall make a 
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periodic actuarial examination and valuation of its funds in accordance with accepted actuarial 
10 
principles. 
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SECTION 7. Exemptionsfrom Taxes and Duties. - The actuarial solvency of the funds of 
12 
the PHILNOS shall be preserved and maintained at all times. Thus, the PHILNOS, its assets, 
13 
revenues including all accruals, and any donation, contribution, bequest, subsidy or financial aid 
14 
which may be made to the Corporation shall be exempt from all taxes, assessments, fees, 
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charges, or duties of all kinds. 
16 
Moreover, said donation, contribution, bequest, subsidy or financial aid which may be 
17 
made to PHILNOS shall constitute as al!owable deduction from the income of the donor for 
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income tax purposes and shall be exempt from donor's tax, subject to such conditions as 
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provided for in the National Internal Revenue Code, as amended. 
20 
SECTION 8. Powers and Functions of PHILNOS. - PHILNOS shall exercise the 
21 
following powers and functions: 
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a) To administer and snpervise the implementation of this Act; 
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b) To formulate, adopt, amend andlor rescind such rules and regulations as may be 
24 
necessary to carry out the provisions and purposes of this Act, as weI! as the effective 
25 
exercise of the powers and functions, and the discharge of duties and responsibilities 
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of the PHILNOS, its officers and employees; 
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c) To manage the national deceased donor program, ensnring effectiveness, efficiency, 
28 
equity and transparency in the national system of allocation of deceased organs; 
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d) To initiate and implement programs that will increase awareness and acceptance of 
deceased organ donation and transplantation, and that will increase the number of 
organs from deceased donors for transplantation; 
e) To formulate and implement the policies that will promote the ethical practice of 
deceased organ donation and transplantation; 
f) To supervise all functions of organ procurement organizations; 
g) To serve as an advisory body to the President of the Philippines and to relevant 
government agencies, in all policies pertaining to organ donation and transplantation; 
h) To adopt and approve the annual and supplemental budget of receipts and 
expenditures including salaries and allowances of the PHILNOS personnel; 
i) To authorize such capital and operating expenditures and disbursements of the 
PHILNOS as may be necessary and proper for its effective management and 
operation; 
j) To invest the funds of the PHILNOS, directly or indirectly, in accordance with the 
provisions ofthis Act, and all applicable laws, and rules and regulations. 
k) To conduct continuing actuarial and statistical studies and valuations to determine the 
financial condition of the PHILNOS, and taking into consideration such studies and 
valuations and the limitations provided, re-adjust the allocation or re-allocation of the 
funds to the agency or organization covered; 
I) To sue and be sned; 
m) To enter into, make, perform and carry out contracts of every kind and description 
with any person, firm or association or corporation, domestic or foreign; 
n) To carryon any other lawful business whatsoever in pursuance of, or in connection 
with the provisions of this Act; 
0) To enter into agreements with the Philippine Health Insurance Corporation or any 
other entity, enterprise, corporation or partnership for the benefit of Filipino patients 
needing organ transplantation; 
p) To submit to the President of the Philippines and to both Houses of Congress its 
Annual Report, and to make such report available to the general public. The report 
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shall contain the status of the PHILNOS Fund, its total disbursements, reserves, 
2 
average costing to OPO, and any request for additional appropriation. It should also 
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contain data that ensures the transparency of the allocation process for deceased 
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organs and all other data pertinent to the implementation of the na(ional deceased 
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donor program. 
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q) To exercise such powers and perform such other acts as may be deemed appropriate, 
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useful, incidental or auxiliary (0 carry out the provisions of this Act, or to attain the 
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purposes and objectives of this Act. 
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SECTION 9. Quasi-Judicial Powers. - The PHILNOS, in order to carry out its tasks 
10 
more effectively, shall be vested with the following powers: 
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a) Conduct investigations for the determination of a question, controversy, complaint, or 
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unresolved grievance brought to its attention relating to deceased organ donation or 
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organ transplantation, and render decisions, orders, or resolutions on the cases. It shall 
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proceed to hear and determine the case even in the absence of any party who has been 
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properly served with notice to appear. It shall conduct its proceedings in public or in 
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executive session; adjourn its hearings to any time; refer technical matters or accounts 
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to an expert and to accept his reports as evidence; direct parties to be joined in or 
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excluded from the proceedings; and give all such directions as it may deem necessary 
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or expedient in the determination of the dispute before it; 
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b) Issue summons and/or subpoenas requiring the attendance and/or testimony of parties 
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to a controversy or witnesses, or the production of docwnents and other materials 
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necessary to a just determination of the case under investigation; 
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c) Temporary suspension or permanent revocation of license, and/or imposition of fines 
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after due notice and hearing. The decision shall immediately be executory, even 
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pending appeal, when the public interest so requires, and as may be provided for in 
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the implementing rules and regulations. 
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The revocation of an OPO's accreditation shall disqualify it from obtaining 
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another accreditation in its own name, under a different name, or through another 
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entity, whether natural or juridical. 
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In the exercise of its quasi-judicial powers, PHILNOS shall not be bound by the technical 
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rules of evidence. 
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SECTION 10. Coverage. - This Act shall cover all goverll1llent and private hospitals, 
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health facilities, organ procurement organizations, medical and allied medical professionals, 
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foundations, non-government organizations and other goverll1llent units that are involved or have 
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relevant roles in organ transplantation in the Philippines. 
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SECTION 11. The Board of Directors. -
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a) Composition. - The corporate powers and functions of the PHILNOS shall be vested 
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in and exercised by Board of Directors (here called the "Board"), and shall be 
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composed of seven (7) members as follows: 
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1) The Secretary of Health; 
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2) The President of PHIL NOS; 
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3) The Chairperson of the National Transplant Ethics Committee; 
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4) Two (2) 
representatives from professional organizations related to 
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transplantation, including but not limited to Philippine Society of Nephrology 
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(PSN) and Philippine Society of Transplant Surgeons (PSTS); 
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5) A representative from the patient group; and 
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6) A representative from PhilHealth. 
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The Secretary of Health shall be the ex-officio chairperson, while the President of 
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PHILNOS shall be the Vice-Chairperson of the Board. 
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b) Appointment and Tenure. - The President of the Philippines shall appoint all the 
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Members of the Board npon the recommendation of the Chairperson of the Board and 
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in consultation with the sectors concerned. Members of the Board shall have a term of 
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four (4) years each, renewable for a maximum of two (2) years, except for members 
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whose terms shall be co-terminus with their respective positions in government. Any 
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vacancy in the Board shall be filled in the manner in which the original appointment 
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was made and the appointee shall serve only the unexpired term of his predecessor. 
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c) Meetings and Quorum. - The Board shall hold regular meetings at least once a 
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month. Special meetings may be convened at the call of the Chairperson or by a 
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majority of the members of the Board. The presence of four (4) voting members shall 
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constitute a quorum. In the absence of the Chairperson and Vice Chairperson, a 
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temporary presiding officer shall be designated by the majority of the quorum. 
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d) Allowances and Per Diems. - The members of the Board shall receive a per diem for 
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every meeting actually attended, subject to the pertinent budgetary laws, and rules 
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and regulations on compensation, honoraria and allowances. 
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SECTION 12. The President of P HILNOS. -
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a) Duties and Functions. - The President shall have the duty of advising the Board and 
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effecting the policies and decisions. His functions are as follows: 
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1) to act as the chief executive officer of the PHlLNOS; 
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2) to be responsible for the general conduct of the operations and management 
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functions of the PHlLNOS; and 
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3) to execute any other duties assigned to him by the Board. 
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b) Qualifications. - The President must be a Filipino citizen and must possess adequate 
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and appropriate training with at least (3) years of experience in the field of healthcare 
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management. 
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c) Salary. - The President shall receive a salary to be fixed by the Board, with the 
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approval of the President of the Philippines, payable from the funds of the 
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Corporation, subject to applicable laws and rules and regulations on compensation of 
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officers of government-owned or controlled corporations. 
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d) Prohibition. - To avoid conflict of interest, the President must not be a physician in 
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active medical practice during his term. Neither shall he be involved in any capacity 
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with any OPO andlor health care institution. 
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In the event that the President is a transplant doctor, he shall only be allowed to return to 
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active medical practice twelve (12) months from the date oftermination of his term. 
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SECTION 13. Executive Department Composition. - The Executive Department shall be 
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composed of the President of PI-ULNOS and the heads of the departments which shall be the 
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following: 
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a) Accreditation and Training Department shall handle the accreditation of the OPO, 
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including its quality assurance and standardization. It shall also provide training and 
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certification of TCs. 
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b) Ethics and Legal Affairs Department shall handle ethical and legal matters. 
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c) Finance Committee shall handle standardization of organ acquisition costs including 
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system of reimbursement for the OPO members and auditing of financial statements 
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in relation with OPO transactions. 
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d) Information and Advocacy Department shall handle lay education, information 
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dissemination and media concerns. 
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e) Registry Department shall handle registry and research. 
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Other departments may be formed upon the discretion of the Board of PHIL NOS. 
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SECTION 14. The External Audit Department. - The External Audit Department shall 
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conduct a periodic review and audit of the operations of PHILNOS, with special emphasis on 
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organ allocation procedures. It shall submit its annual audit report to the PHILNOS Board and 
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Office of the President of the Philippines, and make these reports available to the general public. 
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This department shall be composed of designated representatives from PhilHealth, OPO, 
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transplant hospital, public sector and from professional organizations related to transplantation, 
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including but not limited to the PSN and PSTS. 
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SECTION 15. Organ Procurement Organization (OPO). -
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a) Main Function. -
An OPO is responsible for the procurement of organs from deceased 
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donors from hospitals induding preservation and transportation of such organs. All OPOs 
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must secure accreditation and licensing from PHILNOS. 
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b) Duties and Responsibilities. - OPOs are required to fulfill the following duties and 
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responsibilities: 
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1) Respond to call from RH within his DSA and subsequent evaluation of the 
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PMOD for eligibility; 
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2) Discuss organ donation with the potential donor's family; 
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3) Obtain consent for donation and for removal of the organs; 
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4) Management of organ procurement within its DSA; 
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5) Reporting to PHILNOS the availability of a PMOD immediately after consent for 
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donation is obtained; 
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6) Fulfillment of all medico-legal requirements; 
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7) Appropriate preservation, and packaging of the organs; 
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8) Assurance that adequate tissue typing material is procured, divided, and 
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packaged; 
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9) Assurance that written documentation of donor evaluation, donor maintenance, 
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consent for donation, death pronouncement, and organ procurement quality 
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accompanies the organ; 
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10) Cooperation and coordination with other OPOs; 
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11) Promotion of deceased organ donation through education and information 
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dissemination; and 
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12) Adherence to all DOH and PHILNOS rules and regulations. 
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c) Temporary Suspension o/license. - An OPO's license to operate can be suspended by 
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PHILNOS for failure to: 
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I) Respond to calls from Referring Hospitals (RH); 
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2) Procure an available organ; 
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3) Fulfill reportorial requirements; or 
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4) Non-compliance with the PHILNOS rules and regulations. 
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d) Permanent Revocation 0/ License. - An OPO's license can be revoked by PHILNOS 
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for any of the following reasons; 
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1) Repeated violation of PHILNOS rules and regulations; 
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2) Violation of Republic Act No. 9208, otherwise known as Anti-Trafficking Law; 
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or 
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3) Violation of Section 21 of this Act. 
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The PI-lLINOS, through its Board, after consultation with professional medical 
28 
organizations, may provide for additional grounds for the revocation of an OPO's license. 
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e) Designation of DSA. - The designation of the DSA shall be guided by the following: 
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I) Geographical proximity; 
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2) Technical capacity; and 
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3) Quality of service. 
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SECTION 16. Reporting of Brain Death. - All patients with brain death in a tertiary 
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hospital within the DSA of an OPO are to be considered potential multiple organ donors 
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(PMOD) and as such, should be reported by the hospital to the designated OPO. 
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All tertiary hospitals, government or private, in the country are required to include the 
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number of brain death cases in their annual report. 
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SECTION 17. Brain Death Certification. -
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a) Organs may be procured only from patients who have been declared to have suffered 
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brain death and have a prior written intention to donate their organs (such as an organ 
13 
donor card or will) or whose legal next of kin has given consent for organ donation. 
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b) The DOH, in consultation with an appropriate professional organization such as the 
15 
Philippine Neurological Association (PNA), shall establish and promulgate the 
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acceptable parameters for declaring the occurrence of brain death (BD). Such criteria 
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may be reviewed and/or modified as deemed appropriate by the members of the PNA 
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or upon request by the PHILNOS. 
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c) Certification of BD shall be done separately by two (2) physicians, both of whom 
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must be appropriately qualified and suitably experienced in neurological assessment 
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for the diagnosis of brain death. 
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d) The death certificate should be signed at the time of brain death certification. 
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SECTION. 18. Consent for Deceased Organ Donation. -
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a) Consent for donation shall be obtained by the PTC and shall be done only after the 
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issuance of the BD certificate. Laboratory examinations shall commence only after 
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consent for donation is secured. 
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b) Consent for deceased organ donation must be obtained from the legalnext-of-kin of 
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the PMOD in the following order of priority, as stipulated in Republic Act No. 7170, 
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otherwise known as the Organ Donation Act of 1991: 
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1) Spouse; 
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2) Son or daughter oflegal age; 
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3) Either parent; 
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4) Brother or sister oflegal age; or 
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5) Guardian over the deceased person at the time of death. 
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c) In the absence of the legal next-of-kin of the PMOD and in the absence of any 
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document of organ donation, the physician in charge of the patient, the head of the 
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hospital or a designated officer of the hospital who has custody of the body of the 
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deceased classified as accident, trauma, or other medico-legal cases, may authorize in 
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a public document the removal from such body for the purpose of transplantation of 
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the organ to the body of a living person; Provided, that the physician, head of hospital 
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or officer designated by the hospital for this purpose has exelted reasonable efforts, 
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within forty-eight (48) hours, to locate the nearest relative listed in Section 17 (b) of 
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this Act, as stipulated in R.A. No. 7170. 
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d) To guarantee the priority of a decedent's wishes over the decedent's family members 
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with respect to their objections to organ donation, all hospitals and emergency 
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personnel shall be mandated to develop procedures of "routine inquiry/required 
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request" that will elicit from the patient, upon admittance to the hospital, or their 
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families, at patient's death, about organ donation. If the patient expresses the intent to 
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donate his or her organs, that information is added to the patient's record. 
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e) The following documents, or advance directives, shall be recognized and honored as 
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expressions of the testator's legacy or desire to donate his organs upon his death: 
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1) Organ Donor Card (ODC) which shall have the following elements: 
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i. 
Signature and/or fingerprint mark of testator; 
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ii. Signature and/or fingerprint mark of one witness; and 
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iii. Date the ODC was signed. 
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PHILNOS shall release a universal ODC that shall bear the PHILNOS 
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logo and a provisional space for the logo of the TxC or OPO where the ODe was 
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obtained. 
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2) Driver's License; 
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3) Last will and testament provides instructions for someone's medical care if that 
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person becomes incapacitated or otherwise unable to make decisions for himself 
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or herself. In most cases, a will can direct that one's organs or tissues be taken 
5 
and donated if medically appropriate. If individuals execute a will, it is advisable 
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for them to inform their physicians and their families of its existence. 
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4) Special Powers of Attorney for Health Care names someone, the individual's 
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"agent," to make important decisions regarding that person's health care should 
9 
the person become incapacitated. These documents can instruct the person's agent 
10 
to donate the person's organs or tissues upon the person's death. Like wills, the 
11 
special power of attorney for medical care is only effective if, in addition to the 
12 
agent, the family and the person's physician know of its existence. 
13 
5) An advance care medical directive (ACMD) combines some features of the will 
14 
and the special power of attorney for health care. An ACMD allows individuals to 
15 
provide instructions for the type of care they do or do not want in a number of 
16 
medical scenarios. These documents need to be created in consultation with their 
17 
physician. 
18 
6) Video-tape of oral attestation. 
19 
SECTION 19. Examination of Human Body or Part Thereof - A legacy or donation of 
20 
all or part of a human body authorizes any examination necessary to assure medical acceptability 
21 
of the legacy or donation for the purpose intended. 
22 
For purposes of this Act, all the necessary laboratory examinations, i.e., not autopsy, shall 
23 
be conducted on the cadaver of accident, trauma, or other medico-legal cases immediately after 
24 
the pronouncement of death to determine viability andlor quality of human organs that will be 
25 
utilized for transplantation andlor in furtherance of medical science. 
26 
SECTION 20. Enrollment of the Organ Transplant Candidate. - All OTCs shall be 
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enrolled according to established criteria per organ. They shall be registered in the Philippine 
28 
Organ Donor and Recipient Registry System (PODRRS) through their respective TxCs. 
29 
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SECTION 21. Organ Allocation. -
2 
a) Only the enrolled OTC shall be eligible to receive all organ retrieved from the 
3 
deceased donor. 
4 
b) Only PHILNOS shall have the authority to allocate all retrieved organs in the country. 
5 
c) PHILNOS shall oversee the formulation and implementation of each and every 
6 
allocation scoring system for each graft that shall form the basis for the allocation of 
7 
individual organs/grafts. Such a scoring system shall be formulated through broad-
8 
based consultation and should be consistent with current international and national 
9 
ethical and scientific standards. 
10 
d) PHILNOS shall ensure the transparency of the implementation of the Organ-Specific 
11 
Allocation Scoring System (OSASS) through daily electronic monitoring and audit. 
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e) All OSASS are subject to periodic review alld revision as deemed appropriate and as 
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recommended by PI-IILNOS and/or by related professional orgallizations such as but 
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not limited to the Philippine Society of Nephrology and Philippine Society of 
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Transplant Surgeons. 
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SECTION 22. Organ Transplantation. -
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a) Organ trallsplantation can be performed only in accredited alld licensed TxC. 
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b) The DOH, through the PHILNOS, shall formulate and implement the accreditation 
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requirements for TxC, define their functions, monitor their operations and ensure their 
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compliance with all government regulations. 
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c) Orgall transplalltation can be carried out only by medical professionals accredited by 
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the appropriate professional medical organizations. 
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d) PHILNOS shall ensure that all medical and paramedical personnel involved in 
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transplalltation shall comply with pertinent government regulations. 
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e) No TxC may perform a transplant procedure using all organ from a deceased donor 
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that has not been allocated through PI-IILNOS. 
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f) Organ transplantation with deceased donor shall be carried out at the TxC of choice of 
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the OTC. The organ trallsplalltation shall also be performed by the transplant team of choice of 
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the OTC. 
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SECTION 23. Non-Commercialization of Donated Organs, Incentives and Recognitions. 
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- Organs should only be donated freely, without any monetary payment. PlU'Chasing, or offering 
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to purchase organs for transplantation is prohibited. PHILNOS shall formulate guidelines to 
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ensure that any gifts or rewards are not, in fact, disguised forms of payment for donated organs. 
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a) All OPOs have the option to give recognition to the family or next-of-kin of the 
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deceased organ donor and/or to the deceased organ donor through a commemorative 
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token or ceremony that has a monetary value not greater than the amount that shall be 
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stipulated by PHILNOS. 
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b) All OPOs shall not offer or give any gift to the family or next-of-kin of the PMOD in 
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anticipation or in exchange for organ donation. 
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c) To further increase awareness on deceased organ donation, a designated week during 
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the calendar year shall be declared as National Organ Donation Awareness Week 
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when PHILNOS, OPOs andlor hospitals will be holding activities pertaining organ 
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donation. 
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SECTION 24. Education. - The Department of Education shall mandate the inclusion of 
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organ donation awareness in the national high school curriculum. The Commission on Higher 
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Education (CHED) shall mandate the inclusion of organ donation awareness in all medical and 
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paramedical courses including, but not limited to, Medicine, Nursing, Physical Therapy, 
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Occupational Therapy, Respiratory Therapy, Radiation Technology and Medical Teclmology. 
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SECTION 25. Driver's License. - The Land Transportation Office is mandated to 
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provide information on organ donation to all applicants for a license to operate a motor vehicle. 
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It is required to include a query regarding consent for organ donation in case of brain death in all 
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drivers' license applications. 
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SECTION 26. Air Transport. -
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a) The Civil Aviation Authority of the Philippines (CAAP) under the Department of 
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Transportation and Communication (DOTC) and the DOH shall jointly formulate 
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guidelines that shall govern the transport of procured organs through commercial 
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airlines. 
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b) The CAAP shall ensure the compliance of all registered commercial airlines with the 
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regulations allowing transport of procured organs. 
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SECTION 27. Violations and Sanctions. - Non-compliance with the policy guidelines 
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stated in this Act shall be ground for suspension or revocation of license of the hospital 6r 
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transplant center, or organ procurement organization subject to the implementing rules and 
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regulations to be established. Any violations by erring professionals, i. e., doctors, nurses, 
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transplant coordinators, shall be investigated by the DOH and the Professional Regulations 
8 
Commission, for appropriate administrative sanctions. 
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SECTION 28. Appropriation. -
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a) Initial Appropriation. - Congress shall appropriate the amount of Forty Million Pesos 
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(1' 40,000,000.00) for the initial implementation of this Act. 
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b) Subsequent Appropriations. - The following year after the initial appropriation, and 
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succeeding years thereafter, the appropriation for PHILNOS shall be included in the 
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regular budgetary allocation for the DOH, until such time that PHILNOS shall be 
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self-sustaining through its own funding. 
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c) Additional Appropriations. -
DOH may request the Congress to appropriate 
17 
supplemental funding for PHILNOS in order to meet targeted milestones of this Act, 
18 
as may be deemed necessary by PHILNOS. 
19 
SECTION 29. Financing. -
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a) A standard Organ Acquisition Cost from organ retrievals coming from deceased 
21 
donors shall be determined by PHILNOS. 
22 
b) PhilHealth shall develop a benefit package for the reimbursement of the organ 
23 
acquisition cost to the Host OPO for every organ transplantation event that occurs. 
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c) To be included in the PODRRS list, a potential transplant recipient of PHIL NOS shall 
25 
pay a one-time, non-refundable registration fee. 
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d) PHILNOS shall be given authority to conduct tax-exempted fund-raising activities 
27 
that will help augment the revolving fund for organ acquisition. 
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SECTION 30. Funds of the PHILNOS.-
a) Funds - All income derived from registration fees, donations or from fund-raising 
activities shall be utilized solely for the continuous operations ofPHlLNOS. 
The funds of the PHILNOS shall not be used for purposes other than what are 
provided for under this Act. Moreover, no portion of the funds of the PHlLNOS or 
income shall accrue to the General Fund of the national government and its political 
subdivisions, instrumentalities and other agencies including government-owned and 
controlled corporations except as may be allowed under this Act. 
b) Deposits and Disbursements. - All revenues collected and all accruals shall be 
deposited, administered and disbursed in accordance with the law. A maximum 
expense loading of seventy percent (70%) of the yearly revenues from all sources 
may be disbursed for administrative and operational expenses except as may be 
otherwise approved by the President of the Philippines on the basis of actuarial and 
management studies. 
c) Investment of Funds. - The funds of the PHILNOS which are not needed to meet its 
current obligations may be invested under such terms and conditions and rules and 
regulations as may be prescribed by the Board: Provided, That investments shall 
satisfy the requirements of liquidity, safety/security and yield in order to ensure the 
actuarial solvency of the funds of the PHlLNOS; Provided, further, That the 
PHlLNOS shall submit an annual report on all investments made to both Houses of 
Congress of the Philippines, and to other agencies as may be required by law, such as: 
I) in interest-bearing bonds or securities or other evidence of indebtedness of the 
Government of the Philippines; 
2) in interest-bearing deposits or securities in any domestic bank doing business in 
the Philippines: Provided, That in the case of such deposits, there shall not exceed 
at any time the unimpaired capital and surplus or total private deposits of the 
depository bank, whichever is smaller; Provided, further, That the said bank has 
prior designation as a depository for the purpose by the Monetary Board of the 
Central Monetary Authority; 
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3) in real estate property including shares of stocks involving real state property and 
investments secured by first mortgages on real estate or other collaterals 
acceptable to the PHILNOS: Provided, That such investment shall, in the 
determination of the Board, redound to the benefit of the Corporation, its 
members as well as the general public; 
4) in loans to, or in bonds, debentures, promissory notes or other evidence of 
indebtedness of any solvent corporation created or existing under the laws of the 
Philippines; 
5) in common and preferred stocks of any solvent corporation or financial institution 
created or existing under the laws of the Philippines listed in the stock exchange 
with proven track record of profitability over the last three (3) years and payment 
of dividends at least once over the same period; and 
6) in domestic mutual funds including investments related to the operations of 
mutual funds. 
SECTION 31. General Provisions. -
a) Dispensation of PHILNOS funds. - PHILNOS shall pay for the expenditures of all 
Organ Donation Events that have been performed/processed by authorized OPOs 
within their DSAs, provided, that all requirements are submitted to PHILNOS within 
sixty (60) days from date of Organ Procurement. 
Compensation for the staff and board members of PHILNOS shall be drawn 
from the Corporation's own funds upon such time that it has been deemed self-
sustaining .. 
PHILNOS shall also provide for the funding of memorial gardens, medallions, 
and similar tokens as recognition for the noble act of organ donors. 
b) Development and Disposition of Acquired Assets. - PHILNOS shall have the right to 
develop and dispose of its acquired assets obtained in the ordinary course of its 
business. To add value to, improve profitability of, and/or enhance the marketability 
of an acquired asset, PHILNOS may further develop/renovate the same either with its 
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own capital or tln'ough a joint venture arrangement with private companIes or 
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individuals. 
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PHILNOS may sell its acquired assets in accordance with existing 
4 
Commission on Audit (COA) rules and regulations for an amount not lower than the 
5 
current market value of the property. For this purpose, PHILNOS shall conduct an 
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annual appraisal of its property or acquired assets to determine its current market 
7 
value. All notices of sale shall be published in newspapers of general circulation. 
8 
No injunction or restraining order issued by any court, commission, tribunal 
9 
or office shall bar, impede or delay the sale and disposition by PHILNOS of its 
10 
acquired assets, except on questions of ownership and national or public interest. 
11 
SECTION 32. Implementing Rules and Regulations. - PHILNOS, in consultation with 
12 
relevant medical societies and government agencies, shall promulgate the necessary 
13 
Implementing Rules and Regulations within three (3) months from the effectivity of this Act. 
14 
SECTION 33. Separability Clause. - If any provision of this Act shall be declared 
15 
unconstitutional, any other provision not affected (hereby shall remain in fuji force and effect. 
16 
SECTION 34. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
17 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
18 
SECTION 35. Effectivity. - This Act shall take effect fifteen (15) days after its 
19 
publication in at least two (2) newspapers of general circulation. 
Approved, 
19