SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PIDLIPPINES 
First Regular Session 
SENATE 
S.B. No. 121 '7 
Introduced by Senator Poe 
Explanatory Note 
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This legislation is submitted with the prayer that its enactment should be made soonest, 
considering the following facts and latest situationer (data from the Philippine Legislators' Committee 
on Population and Development, July, 2013): 
• 
In the Philippines, there are 14 cases ofHIV infection reported per day. 
• 
If not halted and reversed, the Philippine National AIDS Council (PNAC) said that the 
total number of HIV Cases could rise to 35,900 to 46,500 by 2015 from the current 
estimate of 22,800. 
• 
Thirty years into the HIV pandemic, the Philippines found itself facing a growing HIV 
incidence. Previously a 'low and slow' country, the HIV incidence in the Philippines 
has grown rapidly beginning mid-2000s. 
Ironically, domestic and international HIV experts have not been sparse in warning the country 
that it has all the necessary ingredients for an HIV epidemic. 
Yet the response to the epidemic has been marked with complacency, lack of political 
leadership, and the reckless disregard of evidence-informed strategies and approaches that could curb 
and halt the spread of the virus. Modest targets for HIV and HIV -related services have not been met, 
and public spending on HIV prevention, treatment, care and support has actually dwindled P81 million 
in 2009 to P65 million in 2011 despite the alarming growth in HIV incidence. 
Moreover, the governance structure designated to spearhead the HIV response is saddled with 
bureaucratic confusion and uneven political commitments. Every five years, thru the collaborative 
efforts of various government agencies and civil society groups, the country adopts an HIV and AIDS 
Medium-Term Plan, a national roadmap on HIV and AIDS, but the implementation of this strategic 
plan is impeded by recalcitrant implementing agencies and lack of support from the national 
government. 
Through the MDGs and other international development instruments, the Philippine 
government has consistently committed to reduce HIV infection, and while it has made progress in 
other development indicators, it floundered and extraordinarily floundered in achieving its 
commitments on HIV. Government officials take false comfort from the fact the HIV epidemic has not 
reached the general population, but various indicators show that if nothing is done immediately, it 
would just be a matter of time. 
The emerging situation also highlights the inadequacy of the existing legal framework in 
addressing the HIV epidemic. The HIV and AIDS Prevention and Control Act (Republic Act No. 
8504), which was enacted in 1998, was once hailed as a model legislation, but clearly the spread of 
HIV is outpacing the 13-year old law. The preventive interventions that it prescribes are no longer fully 
aligned with what years of experience and evidence on HIV prevention recommend. Its human rights 
language is strong, and yet it lacks enabling mechanisms to enforce its human rights provisions. 


It has also failed to provide clarity on the continuing confusion around the structure governing 
the country's mv response. The limitations of its prevention interventions notwithstanding, its failure 
to articulate clearly how government agencies should operate to respond to the global pandemic has 
compounded the problem. Lastly, the mv and AIDS legal framework now conflicts with laws recently 
enacted, thus restricting actions that are crucial to halt the spread of the epidemic. 
Reforming the legal framework on mv and AIDS is important at this juncture. This proposed 
measure seeks to introduce the following reforms: 
1. The restructuring of the legal framework on ElV and AIDS by harmonizing it with evidence-
informed strategies and approaches on prevention, treatment, care and support, making the HIV 
response flexible and relevant to the characteristic of the HIV epidemic facing the country; 
2. The clarification of the roles and responsibilities of state institutions involved in the HIV and 
AIDS response, from government agencies to local governments, thus ensuring the effectiveness 
and efficiency of the structure governing the response; 
3. The establishment of the National HIV and AIDS Plan, thus creating a road map on HIV and 
AIDS that has clear strategies, targets, operationalization framework, and funding; 
4. The strengthening of the stigma reduction mechanisms of the law, which guarantees that the 
country's HIV and AIDS response is premised on the respect, recognition and promotion of 
human dignity. 
The alarming increase in HIV infection in the Philippines requires immediate action from various 
State institutions, including Congress, which must address the gaps in the existing HIV and AIDS law. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. N 0.1.21'7 
Introduced by Senator Poe 
AN ACT 
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STRENGTHENING THE PHILIPPINE 
COMPREHENSIVE POLICY ON 
HUMAN 
IMMUNODEFICIENCY vmus AND ACQumED IMMUNE DEFICIENCY SYNDROME 
(HIV-AIDS) PREVENTION, TREATMENT, CARE AND SUPPORT, ESTABLISHING THE 
pmLIPPINE NATIONAL mY-AIDS PLAN, AMENDING FOR THE PURPOSE REPUBLIC 
ACT NO. 8504, OTHERWISE KNOWN AS "THE PHILLIPINE AIDS PREVENTION AND 
CONTROL ACT OF 1998", AND FOR OTHER PURPOSES 
Section 1. Title. - This Act shall be known as the "The National Comprehensive HIV and AIDS 
Prevention, Treatment, Care and Support Policy and Plan Act of 20 13". 
Section 2. Declaration of policies. - The Human Immunodeficiency Virus and Acquired 
Immune Deficiency Syndrome (HIV and AIDS) is a public health concern that has wide-ranging social, 
political, and economic repercussions. As such, responding to the HIV and AIDS epidemic is imbued 
with public interest, and thus the State commits itself to the fight against the epidemic. To prevent the 
spread ofthe virus and mitigate any related SOCial, psychological, and economic consequences: 
A. 
The State shall 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. 
B. 
The State shall adopt a multisectoral approach in responding to the HIV epidemic by ensuring 
that local communities, civil society groups, and persons living with HIV are part of the 
response to the epidemic. 
C. 
The State shall remove all barriers to HIV and AIDS.related services and shall eliminate the 
climate of stigma that surrounds the epidemic and the people directly and indirectly affected by 
it. Therefore, it affirms that: 
1. 
The respect, protection and promotion of human rights are the cornerstone of an 
effective response to the HIV epidemic. 
2. 
The meaningful inclusion and participation of persons directly and indirectly affected by 
the epidemic, especially persons living with HIV, is crucial in eliminating the virus. 
3. 
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. 
4. 
Policies and practices that discriminate on the basis of perceived or actual HIV status, 
sex, gender, sexual orientation, gender identity, age, economic status, ethnicity, and 
disability are inimical to national interest and contrary to the rights and freedoms 
guaranteed in the Constitution, and the State shall eliminate these acts of discrimination. 


Section 3. Definition of terms. - As used in this Act, the following tenns 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. 
C. 
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 infonned choice is absent. 
D. 
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 of an equal 
footing of all rights and freedoms. 
E. 
Gender identity - refers to a person's internal and individual experience of gender that mayor 
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 
mannensm. 
F. 
Harm Reduction - refers to evidence-based policies, programs and approaches that aim to 
reduce the hannful consequences on health, social relatious, and economic conditions that are 
associated with the use of psychoactive substances. 
G. 
HIV and AIDS counselor - refers to any individual trained by an institution or organization 
accredited by the Philippine National AIDS Council to cOl1duct training on counseling on HIV 
and AIDS, HIV prevention, and human rights and stigma reduction. 
H. 
HIV counseling - refers to the provision of infonnation on HIV and AIDS, how it is spread and 
how it may be prevented, risk-reduction approaches, and infonnation on treatment, care and 
support for persons living with HIV, which is conducted before and after HIV testing. 
r. 
HIV testing - refers to any facility-based or mobile medical procedure that is conducted to 
detennine the presence or absence ofHIV in one's body. 
J. 
HIV-related testing - refers to any laboratory testing or procedure in relation to one's HIV 
status. 
K. 
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 HIV counseling and HIV 
testing. 
L. 
Human Immunodeficiency Virus (HIV) - refers to the virus that causes AIDS. 
M. 
Key affected populations at higher risk of HIV exposure or 'key populations' - refers to 
segments of the population who are most likely to be exposed to HIV or to transmit the virus, as 
determined by PNAC. 
N. 
Persollliving with H/V - refers to any individual diagnosed to be infected with HIV. 
O. 
Sexually transmiited infeciioti (STI) - refers to infections that are spread through the transfer 
of organisms from one person to another through sexual contact. 
P. 
Sexual orientation - refers to a person's sexual and emotional attraction to, or intimate and 
sexual relationship with, in.dividuals of different, the same, or both sexes. 


Q. 
Stigl1Ul - refers to the dynamic devaluation and dehumanization of an individual in the eyes of 
others. In some cultures or settings, this may be based on attributes that are arbitrarily defined 
by others as discreditable or unworthy. Stigma results in discrimination when acted upon. 
R. 
Opportunistic infection (01) - refers to illnesses caused by various organisms, many of which 
do not cause disease in persons with healthy immune system. 
S. 
Treatment hubs - refers to private and public hospitals or medical establishments accredited by 
the Department of Health to have the capacity and facility to provide anti-retroviral treatment. 
T. 
Voluntary HIV Testing - refers to HIV testing done on an individual who, after having 
undergone pre-HIV counseling, willingly submits himself or herself to such test. 
U. 
Vulnerable communities - refers 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. 
V. 
Work place - refers to the office, premises and work site where workers are habitually 
employed and shall include the office or place where the workers with no fixed or definite work 
site regularly report for assignment in the course of their employment. 
Section 4. HIV Prevention. - The government shall promote and adopt a range of measures and 
interventions, in partnership with civil society organizations, that aims to prevent, halt, or control the 
spread of HI V, especially among key populations and vulnerable communities. These measures shall 
likewise promote the rights, welfare, and participation of persons living with HIV and those affected by 
HIV. 
A. 
Evidence-informed, gender sensitive, age-appropriate, and human rights-based preventive 
measures - The preventive programs shall be based on up-to-date evidence and scientific 
strategies and shall be age-appropriate. The govemment 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. 
. 
B. 
HIV and AIDS Education as a right to health and itiforl1Ultion - 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 mv 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. 
C. 
HIV and AIDS Education and Itiformation. - 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 HIY. 
1. 
HIV and AIDS Education for key populations and vulnerable communities. - To 
ensure that mv services reach key populations, the State, through the Philippine 
National AIDS Council and in collaboration with mv and AIDS civil society 
organizations, shall support HIV and AIDS education programs, such as peer education 
and outreach activities that target key populations and vulnerable communities. The 
Philippine National AIDS Council shall likewise craft the guidelines for peer education 
and outreach activities. 
2. 
Age-appropriate HIV and AIDS Education in Schools. - Using the official information 
and data from the Philippine National AIDS Council, the Department of Education 
(DepEd), the Commission on Higher Education (CHED), and the Technical Education 


and Skills Development Authority (TESDA) shall integrate basic and age-appropriate 
instruction on the causes, modes of transmission and ways of preventing the spread of 
HIV and AIDS and other sexually transmitted infections in subjects taught in public and 
private schools at intennediate grades, and secondary and tertiary levels, including non-
fonnal and indigenous learning systems. 
The modules that shall be developed to implement this provision shall be done in 
coordination with the Philippine National AIDS Council and stakeholders in the 
education sector. Referral mechanisms shall be included in the modules for key 
populations and vulnerable communities. 
All teachers and instructors of the modules shall be required to undergo seminars or 
trainings on HIV and AIDS prevention that shall be supervised by the Philippine 
National AIDS Council in coordination with the relevant agency. 
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 infonnation and instruction on HIV and AIDS, including topics on 
confidentiality in the workplace and stigma and discrimination. 
In coordination wjth Jhe Philippipe National AIDS Council, the Civil Service 
Commission for the public sector and the Department of Labor and Employment for the 
private sector shall implement this provision. The Civil Service Commission and the 
Department of Labor and Employment 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 Civil Service Commission and the Department of Labor and 
Employment in coordination with the Philippine National AIDS Council. 
4. 
HIV and AIDS education for Filipinos going abroad. - In coordination with the 
Philippine National AIDS Council, the Department of Foreign Affairs and the 
Department of Labor and Employment shall ensure that all overseas Filipino workers, 
including diplomatic, military, trade, and labor officials and personnel to be assigned 
overseas, shall undergo or attend a seminar on HIV and AIDS and shall be provided with 
information on how to access on-site HIV -related services and facilities before 
certification for overseas assignment. 
5. 
HIV and AIDS education in communities - Through the Local HIV and AIDS Council 
(LAC) or the Local Health Board and in coordination with the Philippine National AIDS 
Council, 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 ofHIV. 
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. 
6. 
Informationfor 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 
Department of Foreign Affairs, and the Bureau ofImmigration, in coordination with the 
Philippine National AIDS Council and with stakeholders in the tourism industry, shall 
implement this provision. 
D. 
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, which counseling shall likewise be confidential. 
To implement this provision: 


1. 
The Department of Health shall accredit 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. 
2. 
The Philippine NationaJ- AIDS Council shall develop the guidelines for the conduct of 
HlV counseling and HIV testing, including mobile HlV counseling and HlV testing, by 
HIV 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. 
3. 
The Philippine National AIDS Council shall accredit institutions or organizations that 
train HIV and AIDS counselors. 
4. 
The Philippine National AIDS Council shall set the standards for HIV counseling and 
shall work closely with HIV and AIDS civil society groups that train HIV and AIDS 
counselors and peer educators. Information included in counseling services shall cover 
the following concepts: 
1. 
HIV and AIDS; 
11. 
HIV testing as the only means to determine if one is infected with the virus; 
lll. 
HlV testing as a confidential and voluntary process, and an individual may opt 
out ofthe process; 
iv. 
HIV test results as confidential information; 
v. 
Use of HI V test results for epidemic surveillance; 
vi. 
How HIV infection is prevented; 
vii. 
If test result is nonreactive for HIV, safer sex and safer practices, getting tested 
again in the future, and referral to relevant HIV and STI services; 
viii. 
if the test result is reactive for HIV, all the information when the test result is 
nonreactive, including: partner notification; referrals for medical diagnostics, 
HIV and 01 treatment, counseling, peer support, and if the individual is a 
pregnant woman, referrals for medication prevent mother-to-child transmission; 
prevention of further exposure to HlV infection; and 
IX. 
Other information deemed relevant by the Philippine National AIDS Council. 
E. 
Positive Health, Dignity, and Prevention -
The Philippine National AIDS Council, in 
coordination with the Department of Health, local governments, and other relevant government 
agencies, shall support preventive measures that shall focus on the positive roles of persons 
living with HIV, among them (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; (ii) the establishment and enforcement of rights-based mechanisms to encourage newly 
tested sero-positive individuals to conduct sexual contact tracing and to promote sero-status 
disclosure to sexual partners; (iii) the establishment of universal precaution standards 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, especially for public awareness 
campaigns and stigma reduction activities, in initiatives to prevent the spread of the virus. The 
enforcement of this provision shall not lead to the discrimination or violation of the rights of 
persons living with HIV 
E. 
Harm Reduction - The Department of Interior and Local Government and the Department of 
Health shall establish a human rights and evidence-based HIV prevention policy and program 
for people who use drugs, particularly those who inject. 
F. 
Preventing Mother-to-Child HIV Transmission - The Department of Health shall establish a 
program to prevent mother-to-child HIV transmission that shall be integrated in its maternal 
and child health services. The program shall include the following: 
,-
1. 
HIV prevention for prospective parents and shall ensure that HIV prevention 
interventions for parents are integrated in government facilities that provide sexual 
health services and antenatal and postpartum care; 


2. 
Provision of counseling and support for women living with illV to help them make 
informed decisions about their reproductive lives; 
3. 
Prevention ofillV transmission from positive mothers to their infants during pregnancy, 
labor, delivery and breastfeeding; 
4. 
Integration of HI V care, treatment, and support for positive mothers and their families. 
G. 
Universal Precaution. - The Department of Health shall establish guidelines on donation of 
blood, tissue or organ, and surgical and similar procedures based on the following principles: 
1. 
No laboratory or institution shall accept a donation of tissue or organ, whether such 
donation is gratuitous or onerous, unless a sample from the donor has been tested 
negative for HIV. All donated blood shall also be subjected to illV testing. illV 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 testing positive for HIV may be accepted for 
research purposes only, and subject to strict sanitary disposal requirements. 
2. 
The Department of Health, in consultation with concerned professional organizations 
and hospital associations, shall issue guidelines on precautions against HIV transmission 
during surgical, dental, embahning, tattooing or similar procedures and guidelines on 
the handling and disposition of cadavers, body fluids or wastes of persons know or 
believed to be HlV 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. 
Section 5. Treatment, Care and Support. -
A. 
National HIV and AIDS Treatment Program. - The Department of Health shall establish a 
program to make anti-retroviral treatment free and accessible to Filipinos living with illV and 
AIDS who are in need of such treatment. Free medication for opportunistic infections shall also 
be provided to persons living with HlV who are enrolled in the program. It shall establish or 
accredit public and private treatment hubs and shall have the authority to develop guidelines on 
the provision of anti-retrovirals. 
B. 
Health Insurance. - The Philippine National Health Insurance Corporation 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 Philippine 
National Health Insurance Corporation shall enforce confidentiality in the provision of these 
packages to persons living with HlV. 
No person living with HIV shall be denied of private health and life insurance coverage on the 
basis of his or her HIV status. The Insurance Commission shall enforce this provision and shall 
develop the necessary policies to ensure compliance. 
C. 
Economic empowerment and SUppOfl - No person living with illV shall be deprived of any 
employment, livelihood, micro-finance, self-help, and cooperative programs for reason of their 
HIV status. The Department of Labor and Employment and the Department of Social Welfare 
and Development, in coordination with the Technical Education and Skills Development 
Authority and with local goverurnents, shall develop programs to ensure economic 
empowerment and provide economic support to persons living with illV. 
D. 
Care and support for persons living with HIV - The Department of Social Welfare and 
Development shall develop care and support programs for persons living with illV, 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 my. 


E. 
Care and Support for overseas workers living with HIV. - The Overseas Workers Welfare 
Administration, in coordination with the Department of Social Welfare and Development and 
the Department of Foreign Affairs, shall develop a program to provide a stigma-free 
comprehensive reintegration and 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. 
F. 
Redress Mechanism. - The Department of Justice and the Commission on Human Rights, in 
coordination with the Philippine National AIDS Council, shall develop redress mechanisms for 
persons living with HIV to ensure that their .civil, political, economic and social rights are 
protected. 
Section 6. Stigma reduction and human rights. - The country's HIV and AIDS response shall 
be anchored on the principles of human rights and human dignity, and shall be aligned with the 
internationally recognized human rights instruments and standards. 
A. 
Stigma-free HIV and AIDS services - The Philippine National AIDS Council, in cooperation 
with public and private HIV and AIDS service providers and civil society groups and in 
collaboration with the Commission on Human Rights, shall ensure the delivery of stigma-free 
HIVand AIDS services by goverument and private HIV and AIDS service providers. 
B. 
Prohibition on compulsory HW testing -
As a policy, the State shall encourage voluntary HIV testing. However, written consent must be 
obtained before HIV testing from the person taking the test. If the person is a minor or is 
mentally incapacitated, such consent shall be obtained from his or her parents, legal guardian, 
or a duly assigned social worker. 
Lawful consent to HIV testing of a donated human body, organ, tissue or blood shall be 
considered as having been given when: 
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, 
also known as the "Organ Donation Act of 1991"; 
3. 
A donation is executed in accordance with Sec. 4 ofRepubJic Act No. 7170. 
Compulsory HIV testing may be allowed only in the following instances: 
1. 
a person is charged with any of the offenses punishable under Articles 264, 266, 335 
and 338 of the Revised Penal Code, as amended by Republic Act No. 8353, otherwise 
known as the Anti-Rape Law of 1997; 
2. 
A person is charged with an offense under any law imposing the death penalty; 
3. 
The determination of HIV status is necessary to resolve the relevant issues under the 
Family Code; 
4. 
To comply with the provisions of Republic Act No. 7170; 
5. 
To comply with the provisions of Republic Act No. 7719, otherwise known as the 
"National Blood Services Act." 
C. 
Acts of discrimination. - The following discriminatory acts shall be prohibited: 
1. 
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 mv 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 mv and AIDS or who was 
known, suspected or perceived to be mv pOSitive; and 
9. 
Other similar discriminatory acts. 
Section 7. Protection for peer educators, outreach workers, and other HIV and AIDS service 
providers. - No person involved in the provision of HIV and AIDS services shall be arrested or 
prosecuted on the basis of their deiivery of such serVices. 
. 
Section 8. Confidentiality. - The State shaH guarantee the confidentiality and privacy of any 
individual, who has been tested for mY, has been exposed to HIV, has 'HIV infection or mv and 
AIDS-related illnesses, or has been treated for HIV -related illnesses. 
A. 
Confidential HIV and AIDS information - Unless otherwise provided in Section 8 (C) of this 
Act, it shall be unlawful to disclose, without written consent, information that a person: 
i. had an HIV -related test; 
ii. 
has mv infection, HIV -related illnesses, or AIDS; or 
iii. 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 has 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 and has subsequently been granted access to the same confidential information, 
shall keep its confidentiality. 
Any media establishment is likewise prohibited from disclosing, without prior written consent 
of their subject, any confidential HIV and AIDS information. 
B. 
Release of HIV testing and HlV-related test result. - The result of any HIV testing and HIV-
related testing shall be released only to the individual who submitted to the test, or to his or her 
spouse, if applicable. If the person is a minor, an orphan, or is mentally incapacitated, the result 
may be released to either of his or her parents, legal guardian, or a duly assigned social worker, 
whichever is applicable. 


C. 
Exemptions. - Confidential HIV and AIDS information may be released without written 
consent on the following grounds: 
1. 
When complying with the reportorial requirements of the national active and passive 
surveillance system of the Department of Health, provided that the infonnation related 
to a person's identity shall remain anonymous; 
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 maintain 
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 shall be properly sealed by 
its lawful custodian after being double-checked for accuracy by the head of the office or 
department, hand delivered, and personally opened by the judge: provided, further, That 
the judicial proceedings be held in executive session. 
D. 
Disclosure to sexual partners. - Any person who tested positive for HIV is obliged to disclose 
his or her status and health condition to his or her spouse or sexual partner prior to engaging in 
penetrative sex or any potential exposure to HIV. A person living with HIV may opt to ask help 
from medical professionals, health workers, or peer educators to disclose to his or her partner 
about his or her condition. 
E. 
Civil liability. - Any person who has obtained knowledge of confidential HIV and AIDS 
information and has used such infonnation 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. 
Section 9. HIV and AIDS surveillance. - The Department of Health shall establish a 
comprehensive HIV and AIDS monitoring and surveillance program that shall have the following 
functions: 
A. 
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; 
B. 
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 
C. 
Submit an annual report to the Office of the President, Congress, and members of the Philippine 
National AIDS Council the findings of its surveillance activities in compliance with this 
mandate. 
Section 10. National HIV and AIDS Plan. - There shall be a six-year National HIV and AIDS 
Plan that shall be regularly updated and 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; c) the five-year operationalization of the plan and the 
identification of the govennnent agencies that shall implement the plan; and d) the budgetary 
requirements for the implementation of the plan and a corollary investment plan that shall identifY the 
sources of funds for its implementation. 
A. 
Development, Oversight, monitoring and implementation of the plan. - The Philippine 
National AIDS Council shall have the mandate to ensure the implementation of the plan and 
shall coordinate ·with its member agencies to guarantee the operationalization of the plan. 
Furthennore, PN AC shall report aunually to the Office of the President, Congress, and its own 
members on the status of the implementation of the plan. 
B. 
Localization the National HIV and AIDS Plan. - To ensure the implementation of the National 
HIV and AIDS Plan at the local level, local government units, in coordination with and with the 


support of the Philippine National AIDS Council, shall develop their Local HIV and AIDS 
Plan, including its operationalization and investment components. 
Local governments shall establish Local AIDS Councilor designate a local body that shall 
ensure the implementation of the Local HIV and AIDS Plan. Furthennore, they shall ensure the 
availability and accessibility of prophylactic devices, treatment, diagnostic supplies for HIV and 
other sexually transmitted infections and reagent for HlV testing. 
The Department ofInterior and Local Government (DILG) shall develop, in coordination with 
PNAC, the guidelines for the establishment of LACs. 
Section 11. The Philippine National AIDS Council. - The Philippine National AIDS Council 
(PNAC) created by virtue of Executive Order No. 39 dated 3 December 1992, shall be reconstituted 
and strengthened to ensure the implementation of the country's response to the HIV and AIDS 
epidemic. It shall be an autonomous Agency attached to the Department of Health. 
A. 
Functions - The Council shall be the central implementing, coordinating, advisory, planning 
and policy-making body for Philippine National HIV and AIDS Plan. The Council shall 
perfonn the following functions: 
1. 
Develop the National HIV and AIDS Plan in collaboration with relevant government 
agencies and civil society groups; 
2. 
Ensure the operationalization and implementation of the National HlV and AIDS Plan; 
3. 
Coordinate with government agencies that are mandated to implement the provisions of 
this Act; 
4. 
Develop, enforce, andlor 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 HlV and AIDS Plan; 
5. 
Monitor the progress of the epidemic; 
6. 
Monitor the implementation of the Natiorial HlV and AIDS Plan, undertake mid-term 
assessments, and evaluate its impact; 
7. 
Strengthen the collaboration between government agencies and civil society 
organizations involved in the implementation of the National HlV and AIDS Plan, 
including the delivery of HlV 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 HlV and 
AIDS Plan; 
10. 
Coordinate and cooperate with foreign and international organizations regarding 
funding, data collection, research, and prevention and treatment modalities concerning 
HIVand AIDS; and 
11. 
Recommend policy reforms to Congress and other government agencies to strengthen 
the country's response to the epidemic. 
B. 
Membership and Composition. -
1. 
The Council shall be composed of twenty-six (26) members as follows: 
I. 
The Secretary of the Department of Health; 
ii. 
The Secretary of the Department of Education, Culture and Sports; 
iii. 
The Chairperson of the Commission on Higher Education; 


IV. 
The Director-General of the Technical Education and Skills Development 
Authority; 
v. 
The Secretary of the Department of Labor and Employment; 
VI. 
The Secretary of the Department of Social Welfare and Development; 
VII. 
The Secretary of the Department ofthe Interior and Local Government; 
viii. 
The Secretary of the Department of Justice; 
IX. 
The Director-General of the National Economic and Development Authority; 
x. 
The Secretary of the Department of Tourism; 
XI. 
The Secretary of the Department of Budget and Management; 
xii. 
The Secretary of the Department of Foreign Affairs; 
XIII. 
The Head of the Philippine Information Agency; 
XIV. 
The President of the League of Governors; 
xv. 
The President of the League of City Mayors; 
XVI. 
The Chairperson of the Committee on Health of the Senate of the Philippines; 
XVII. 
The Chairperson of the Committee on Health of the House of Representatives; 
xviii. Two (2) representatives from organizations of medical/health professionals; 
XIX. 
Six (6) representatives from non-government organizations involved in mv and 
AIDS prevention and control efforts or activities; and 
xx. 
A representative of an organization of persons living with HIV. 
2. 
The heads of government agencies may be represented by an official from their 
respective agencies no lower than the undersecretary rank. 
3. 
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. 
4. 
All members of the Council shall be appointed by the President of the Republic of the 
Philippines, except for the representatives of the Senate and the House of 
Representatives, who shall be appointed by the Senate President and the House Speaker, 
respectively. 
5. 
The members of the Council shall be appointed not later than thirty (30) days after the 
date of the enactment ofthis Act. 
6. 
The Secretary of Health shall be the permanent chairperson of the Council. However, 
the vice-chairperson shall be elected by its members from among themselves, and shall 
serve for a term of two (2) years. 
7. 
For members representing medical/health professional groups and the six (6) non-
government organizations, they shall serve for a term of two (2) years, renewable npon 
recommendation of the Council for a maximum of two (2) consecutive terms. 
c. 
Secretariat. - The PNAC shall be supported by a secretariat that shall be staffed by technically 
equipped and capable personnel with permanent appointment and adequate operational budget. 
It shall be headed by an Executive Director and shall be under the direct supervision of the 
Chair of the Council. 
The secretariat shall perform the following functions: 
1. 
Coordinate and manage the day-to-day affair of the Council; 
2. 
Coordinate the formulation, monitoring, and evaluation of the National mv and AIDS 
Plan and the 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 III identifying and building internal and external networks and 
partnerships; 


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5. 
Coordinate and support the efforts of the Council and its members to mobilize 
resources; 
6. 
Serve as the clearing house and repository of mv and AIDS-related information on 
mVandAIDS; 
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 provided by law or the Council. 
The personnel designated by the Department of Health as the Secretariat of PNAC under 
Section 47 of RA 8504 shall be fully absorbed as permanent personnel to fulfill the Secretariat 
functions stipulated in this Act. 
Section 12. The National HIV and AIDS and STI Prevention and Control Program of the 
Department of Health - The National mv and AIDS and STI Prevention and Control Program 
(NASPCP) of the Department of Health, which shall be staffed by qualified medical specialist and 
support staff with permanent appointment and supported with an adequate yearly budget, shall 
coordinate with PNAC for the implementation of the health sector's mv and AIDS and STr response, 
as identified in the National HIV and AIDS Plan. 
Section 13. Misinformation on HIV and AIDS as a prohibited act. - Misinformation on mv 
and AIDS through false and misleading advertising and claims, or the promotional marketing of drugs, 
devices agents or procedures without prior approval from the Philippine National AIDS Council 
(PNAC), as instituted in this Act and under the supervision of the Department of Health and the Food 
and Drug Authority (FDA) and the requisite medical and scientific basis, including markings and 
indications in drug and devices or agents, purporting to be a cure or a fail- safe prophylactic for HIV 
infection, shall be prohibited. 
Section 14. Prohibition on the use of condoms and other safer sex paraphernalia as basis for 
raids and similar police operations - It shall be unlawful to use the presence of used or unused 
condoms or other safer sex paraphernalia to conduct raids or similar police operations in sites and 
venues of HI V prevention interventions. 
The Department of Interior and Local Government shall establish a national policy to guarantee the 
implementation of this provision. 
Section 15. Penalties. - The following penalties and sanctions shall be imposed for the offenses 
enumerated in this Act: 
A. 
Any person found guilty of violating Section 4 (D)1 (accreditation of mv testing facility); 
Section "5 (B) (insurance coverage); Section 6 (B) (vohintary HIV testing); Section 6 (C) (acts 
of discrimination); Section 8 (A)or Section 8 (C) (confidentiality); or Section 8 (B) (release of 
results) of this Act shall suffer the penalty of imprisonment for six (6) months to five (5) years 
andlor a fine of not less than fifty thousand pesos (P50, 000.00) but not more than five hundred 
thousand pesos (P500,000.00). This is 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. 
B. 
Any person who commits any act of discrimination as stipulated in Section 6 (C) of this Act 
may face liability under Articles 19,20, and 21 of the Civil Code. 
C. 
Any person found guilty of violating Section 7 (protection for service providers) 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 (PIOO,OOO.OO) but not more than five hundred thousand 
pesos (P500,000.00). If the violator is a law enforcer or a public official, administrative 
sanctions may be imposed in addition to the above penalties. 


D. 
Any person found guilty of violating Section 13 (misinformation) 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. 
E. 
Any person or any law enforcer found guilty of violating Section 14 (raids) of this Act shall 
suffer the penalty of imprisonment for one (I) year to five (5) years and a fine of not less than 
one hundred thousand pesos (PlOO,OOO.OO) but not more than five hundred thousand pesos 
(P500,OOO.OO). In addition, law enforcers found guilty of violating this section shall be removed 
from public service. 
F. 
Any person who knowingly or negligently causes another to get infected with HIV in the course 
of the practice of his or her 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 his or her 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 procedures as may be required by the 
guidelines formulated in compliance with Section 4(G) of this Act. 
Section 16. 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, which 
shall include the Chair of the Senate Committee on Health and Demography, and three (3) members 
from the House of Representatives, which shall include the Chair 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. 
Section 17. Appropriations. - The amount of no less than four hundred million pesos 
(P400,000,000.00) shall be appropriated under the Philippine National AIDS Council in the next 
General Appropriations Act (GAA) for the initial implementation of the National HIV and AIDS Plan. 
The funds needed for the subsequent implementation of the National mv and AIDS Plan shall be 
included in the budget of PNAC or the implementing national government agencies in the annual 
GAA. 
Section 18. Implementing Rules and Regulations. - The Philippine National AIDS Council 
shall promulgate the necessary implementing rnIes and regulations within sixty (60) days from the 
effectivity of this Act. 
Section 19. 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 and provisions 
hereof as long as such remaining portion or provision can still subsist and be given effect in their 
entirety. 
Section 20. Repealing Clause. - All laws, decrees, executive orders, proclamations and 
administrative regulations or parts thereof inconsistent herewith are hereby repealed or amended 
accordingly. 
Section 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication 
in at least two (2) national papers of general circulation. 
Approved,