Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB.No 5847

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
DEFINING AND PENALIZING THE CRIMES OF RECKLESS
ENDANGERMENT OF THE PUBLIC HEALTH AND OFFERING FALSE
STATEMENTS WHICH ENDANGERS THE PUBLIC HEALTH.
EXPLANATORY NOTE
The Constitution, Article 2, Section 15, provides:

Section 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them

HIV/AIDS infection poses a serious threat to the public health of all Filipinos
whenever HIV or AIDS infected persons act in a manner which is likely to spread this
incurable disease to other persons. When HIV or AIDS infected persons commit such
actions as having unprotected sex or sharing needles without the consent of their
partners, they endanger the public health and frustrate the efforts of health officials to
contain and, hopefully, reverse the spread of HIV/AIDS.

Also, in order to allow the victims of alleged sex crimes or crimes which
endanger their health to obtain the most effective health care treatment, the HIV status
of their offenders must be determined. Hence, this bill seeks to define and penalize the


crimes of reckless endangerment of the public health and offering a false statement
which endangers the public health

This bill likewise provides for the HIV-related testing of defendants accused of

committing sex or public health crimes in order to determine the appropriate treatment

(Mf

H. HARRY L. ROQUE JR

for their victims.!

' This bill was originally filed by Senator Miriam Defensor Santiago in the Sixteenth
‘Congress, Second Regular Session.

is)


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
DEFINING AND PENALIZING THE CRIMES OF RECKLESS
ENDANGERMENT OF THE PUBLIC HEALTH AND OFFERING FALSE

STATEMENTS WHICH ENDANGERS THE PUBLIC HEALTH

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

1 SECTION 1. Declaration of Policy. — It is a policy of the State to protect the
2 physical, moral and social well-being of the people. Towards this end, the State shall
3 exert efforts to prevent the spread of HIV and AIDS by penalizing certain reckless

4 acts which may cause the transmission of the said diseases.

5 SECTION 2. Definition of Terms. — For the purposes of this Act, the term:
6 (A) “AIDS” means acquired immunodeficiency syndrome.

‘i (B). “HIV” means the human immunodeficiency virus.

8 (C) “HIV-infection” means infection with HIV or any other related virus

9 identified as a probable causative agent of AIDS.
10 (D) “HIV-related illness” means any illness that may result from or may be

11 associated with HIV infection.


20

21

(E) “HIV-related test” means any laboratory test or series of tests for any virus,
antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the

presence of AIDS.

SECTION 3. Reckless Endangerment to the Public Health. — A person is guilty
of reckless endangerment to the public health when he or she has tested positively for
HIV or AIDS and then recklessly engages in conduct which results in the transmission
of HIV or AIDS to another person who was unaware of such condition. A person is
guilty of reckless endangerment to the public health in the frustrated stage when he or
she has tested positively for HIV or AIDS and then recklessly engages in conduct
which creates a substantial risk of the transmission of HIV or AIDS to another person

who was unaware of such condition.

SECTION 4. Defense. — In any prosecution for reckless endangerment of the
public safety, either in the consummated or frustrated stage, it shall be an absolute
defense that the defendant, at the time she was engaged in the conduct constituting the
offense, was a woman who transmitted the HIV or AIDS virus to her child as the

result of giving birth to such child.

SECTION 5. Offering a False Instrument which Endangers Public Health.— A
person is guilty of offering a false instrument which endangers the public health when
he or she is aware that he or she has tested positive for HIV or AIDS and then
knowing that a written instrument contains a false statement or false information

regarding his or her HIV status and with the intent to defraud the Department of


Health (DOH), any subdivision or agent thereof, or any other health care provider, he
or she offers or presents such instrument to an agent of that office or other health care
provider with the knowledge or belief that it will be filed with, registered or recorded

in or otherwise become a part of the records of such public office or public officer.
SECTION 6. HIV-Related Testing of Alleged Sex and Public Health Offenders.
(A) A police officer who makes an arrest for any crime where the defendant

has committed or is about to commit a sex or public health offense, either with or

without a warrant, shall, following such arrest or the arraignment upon a court of

competent jurisdiction accusatory instrument of @ defendant whose court attendance
has been secured by a summons or an appearance ticket, cause such defendant to be
immediately given an HIV -related test to determine if such defendant has HIV
infection, HIV-related illness or AIDS.

(B) The HIV-related test prescribed in paragraph (A) and the submission of
available information concerning the defendant and the facts and circumstances of the
crime charged must be in accordance with the rules and regulations promulgated by
the Secretary of Justice.

(C) The result of an HIV-related test performed pursuant to paragraph (A)
shall, upon request, be made available to the victim or alleged victim of such crime

and to the defendant.

SECTION 7. Appropriations. — To carry out the provisions of this Act, such

amount as may be necessary is hereby authorized to be appropriated from the


iy

National Treasury. Thereafter, the amount necessary for the continuous operation of

this program shall be included in the annual appropriation of DOH

SECTION 8. Separability Clause. — \f any provision of this Act is held invalid
‘or unconstitutional, the same shall not affect the validity and effectivity of the other

provisions hereof.

SECTION 9. Repealing Clause. — All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby
repealed, amended or modified accordingly.

SECTION 10. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,