FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
) 
Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
This bill seeks to eliminate the waiting list for human organs and eradicate 
the lucrative trade in organ trafficking. It will give a second life to terminally ill 
patients. 
In this program, once a Filipino reaches the age of 18, he will be informed 
that he is automatically an organ donor in the event of untimely death unless he 
"opts out" or specifically refuse to donate his organs. This "opt out" or dissent 
solution has been practiced successfully for many years in Singapore, Spain, 
Israel, Sweden and Austria. 
Sadly, our country does not have enough organs for transplant. Yearly, 
thousands of patients die while waiting for available organs. Traditionally, we 
have relied on living related volunteers. In the event that there is no match within 
the family, desperate patients have resorted to "Buying" organs from poor, 
unrelated donors. 
The overwhelming demand for organ donors has lead to abuse, 
manipulation and exploitation due to organ trafficking. Our country is known as a 
medical tourism paradise where organs are available for only P30,OOO. Sadly, 
most of the living donors are exploited by middlemen and foreigners. 
This is indeed a medical emergency, In 2007, the Philippine Renal 
Disease Registry (PRDR) reported that the prevalence of kidney diseases is 
increasing. 10,000 to 12,500 Filipinos nationwide develop end-stage renal 
disease (ESRD) annually. 50-60% of the patients are suitable kidney transplant 
candidates but only less than 10% are actually transplanted because of 
insufficient organ supply. 
Everyone is a potential in the dissent or "opt out" approach. This new 
approach will require intensive education of donors, patients and Philippine 
society as a whole. However, it will ultimately prove to be the most practical, 
humane and charitable solution both for donors and patients. It will eliminate the 
cruel and heartless waiting list for organs, protect the poor from organ trafficking 
and will give a second life to those who are desperately ill. 
In the light of the foregoing, the immediate passage of this urgent bill is 
earnestly sought. 
MA 


FOURTEENTH CONGRESS OF THE} 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
Introduced by Senator Manny Villar 
AN ACT 
TO REGULATE ORGAN TRANSPLANTATION AND APPROPRIATING 
FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Title. - This Act shall be known as the Human Organ 
SEC. 2. Declaration of Policy. - It is the policy of the state to protect and 
SEC. 3. Definition of Terms. - As used in the Act the following terms 
(a) “Advertisement” - includes every form of advertising, whether in a 
publication, or by the display of any notice or signboard, or by means 
of any catalogue, price list, letter (whether circulated or addressed to a 
particular person) or other documents, or by words inscribed on ny 
article, or by the exhibition of a photograph or a cinematograph film, or 
by way of sound recording, sound broadcasting or television, or in any 
other way, and any reference to the issue of an advertisement shall be 
construed accordingly 
(b) “Authorized medical practitioner” - means a person who is registered, 
or deemed to be registered, as a medical practitioner under the law 
and who has been authorized to remove any organ pursuant to section 
9 or to transplant any such organ 
(c) “Death” - the irreversible cessation of circulatory and respiratory 
functions or the irreversible cessation of all functions of the entire 
brain, including the brain stem. A person shall be medically and legally 
dead if either: (1) In the opinion of the attending physician, based on 
the acceptable standards of medical practice there is an absence of 
natural respiratory and cardiac function and, attempts resuscitation 
would not be successful in restoring those functions. In this case, 
death shall be deemed to have occurred at the time when these 
functions ceased ; or (2) In the opinion of the consulting physician, 
concurred din by the attending physician, that on the basis of 
acceptable standards of medical practice, there is an irreversible 
cessation of all brain functions; and considering the absence of such 
functions, furthers attempts at resuscitation or continued supportive 
maintenance would not be successful in restoring such natural 
Transplant Act. 
promote the health of the people. 
shall mean: 
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functions. In this case, death shall be deemed to have occurred at the 
time when these conditions first appeared. 
(d) "Decedent" - a deceased individual, and includes a still born infant or 
fetus 
(e) ''Donor'' - an individual authorized under this Act to donate all or part of 
the body or decedent 
(9 "Hospital" - a hospital licensed, accredited, or approved under the law, 
and includes a hospital operated by the government 
(9) "Investigating officer" - means an officer duly appointed by law to 
conduct investigation 
(h) "Organ" - for the purpose of this act includes transplantable organs, 
tissues, eyes, bones, arteries, blood, other fluids and other portions of 
the human body 
(i) "Person" - an individual, corporation, estate, trust, partnership, 
association, the Government or any of its subdivision, agencies or 
instrumentalities, 
including 
government 
owned 
or 
controlled 
corporations; or any other legal entity 
(j) "Reward" - means any description of financial or other material 
advantage 
NATIONAL ORGAN DONATION AND TRANSPLANTATION CENTER 
SEC. 4. 
Establishment - There shall be established, under the 
supervision of the Department of Health, The National Organ Donation and 
Transplantation Center, herein referred to as NODTC. 
This NODTC shall be administered by a Board of Trustees to be 
appointed by the President of the Philippines upon the recommendation of the 
Department of Health. 
SEC. 5. Functions. - The NODTC shall have the following powers and 
(a) Review and approve policies in support of a rational, ethical, 
accessible and equitable organ transplantation program in the country. 
(b) Approve the issuances of the Certificate of Accreditation of transplant 
facilities. 
(c) Establish and maintain a register in which shall be entered the 
objection and withdrawal of objection of all persons lodged n 
accordance with this act. 
(d) They may appoint a transplant ethics committee to be in charge of 
matters relating to the selection of proposed recepients of any organ 
removed pursuant to section 17. 
(e) Prescribe appointment, functions, responsibilities and procedures of 
transplant ethics committees; and 
(9 To perform such other functions as may be necessary to achieve the 
objectives of this Act. 
functions: 
INFORMATION AND EDUCATION 
SEC. 6. Responsibility. - The Government, through the NODTC, shall 
take measures, including the design, development, and dissemination of 
information and education materials, to promote, protect and support the dissent 
approach in cadaveric organ donation. 
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It shall also ensure that information materials produced by all government 
agencies and private entities and persons are not inconsistent with the provisions 
of this Act. 
DEATH AND REMOVAL OF ORGAN AFTER DEATH 
SEC. 7. 
When death occurs. - The death of the person shall be 
determined in accordance with the acceptable standards of medical practice and 
shall be diagnosed separately by the attending physician and another consulting 
physician, both of whom must be appropriately qualified and suitably experienced 
in the care of such patients. The death shall be recorded in the patient's medical 
record. 
SEC. 8. Designated officers, - The NODTC may appoint, in writing, any 
medical practitioner to be the designated officer of a hospital for the purposes of 
this Act. 
SEC. 9. Authorities may remove organ, after death. - The designated 
officer of a hospital may, subject to an in accordance with this section, authorize, 
in writing, the removal of any organ from the body of a person who has died in 
the hospital for the purpose of the transplantation of the organ to the body of a 
living person. 
No authority shall be given under the preceding paragraph for the removal of the 
organ from the body of any deceased person: 
(a) who has during his lifetime registered his objection with the NODTC to 
(b) who is neither a citizen nor a permanent resident of the Philippines; 
(c) who is below 21 years of age unless the parent or guardian has 
consented to such removal; 
(d) who is above 60 years of age; 
(e) whom the authorized medical practitioners, after making such inquiries 
as are reasonable in the circumstances, has reason to believe was not 
of sound mind, unless the parent or guardian has consented to such 
removal ; or 
the removal of the organ from his body after his death; 
(9 immediate relatives at time of death object to organ transplant. 
SEC. I O .  investigating Officer's consent - If the designated officer of 
the hospital has reason to believe that the circumstances applicable to the death 
of the person are such that the investigating officer has jurisdiction to hold an 
inquest into the manner and cause of death of the person, the designated officer 
shall not authorize the removal of any organ from the body of the deceased 
person unless the investigating officer has given his consent to the removal. 
The consent by the investigating officer under this section may be expressed to 
be subject to such conditions as specified in the consent. The consent may be 
given orally by the investigating officer, and if so given shall be confirmed in 
writing. 
SEC. 11. 
Organ to be removed and transplanted by authorized 
medical practitioners. - No person other than an authorized medical 
practitioner in a hospital accredited by the NODTC shall remove any organ which 
is authorized to be removed pursuant to section 9 or transplant any such organ. 
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SEC. 12. Operation of other laws. - Nothing in this Part shall prevent 
the removal of any organ from the bodies of deceased persons in accordance 
with the provisions of any other written law. 
RECIPIENT PROTECTION 
SEC. 13. 
Recipient Protection. - Health and safety tests shall be 
conducted to protect the person receiving an organ. People with infectious 
disease or severe bacterial or fungal infections at the time of death may only 
donate their organs for lab research or education but not a living recipient. 
REGISTRATION OF OBJECTION 
SEC. 14. Persons may register their objection. - Any person, upon 
reaching the age of 18, who objects to the removal of any organ from his body 
after his death for the purpose mentioned in section 9 may register his objection 
in respect of that origin with the NODTC in the prescribed form. 
Upon receipt of the written objection of a person, the NODTC shall issue to that 
person an acknowledgement in the prescribed form. 
SEC. 15. N O D E  to maintain register. - The NODTC shall establish 
and maintain a register in which shall be entered the objection of all persons 
lodged in accordance with the preceding section. The register herein referred to 
shall not be open to inspection by the public. 
SEC. 16. Persons may withdraw their objection. - Any person who 
has registered his objection with the NODTC in respect of any organ may 
withdraw his objection in the prescribed form. 
Upon receipt of the withdrawal under the preceding provision, the NODTC shall 
issue to that person an acknowledgement in the prescribed form and shall 
remove the objection from the register referred to in the preceding section. 
SEC. 17. Proposed recipients organ, - In the selection of a proposed 
(a) a person who has not registered any objection with the NODTC in 
respect of that organ shall have priority over a person who has 
registered such objection; and 
(b) a person who has registered his objection with the NODTC in respect 
of that organ but who has withdrawn such objection shall have the 
same priority as a person who has not registered any such objection, 
over a person whose objection in respect of that organ is still 
registered with the NODTC, at the expiration of 2 years from the date 
of receipt of the withdrawal by the NODTC provided that he has not 
registered again any such objection since that date. 
recipient of any organ removed pursuant to section 9: 
PROHIBITED ACTS 
SEC. 18. Certain contracts or arrangements. - Subject to this section, 
a contract or arrangement under which a person agrees, for valuable 
consideration, whether given or to be given to himself or to another person, to the 
sale or supply of any organ or blood from his body or from the body of another 
person, whether before or after his death or the death of the other person, as the 
case may be, shall be void. 
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Any person is prohibited to enter into a contract or arrangement of the kind 
referred to in the preceding subsection. 
Any person either as vendor or supplier is prohibited to enter into a contract or 
arrangement for the sale or supply of a product derived from any organ or blood 
that has been subjected to processing or treatment. 
The contract or arrangement referred to in the first paragraph of this section shall 
not apply to or in relation to: 
(a) a contract or arrangement providing only for the reimbursement of any 
expenses necessarily incurred by a person in relation to the removal of 
any organ or blood in accordance with the provisions of any other 
written law; and 
(b) any scheme introduced or approved by the Government granting 
medical benefits or privileges to any organ or blood donor and any 
member of the donor's family or any person nominated by the donor. 
Nothing in this action shall render inoperative a consent or authority given or 
purporting to have been given under this Act in relation to any organ or blood 
from the body of a person or in relation to the body of a person if a person acting 
in pursuance of the consent or authority did not know and had no reason to know 
that the organ or blood or the body was the subject-matter of a contract or 
arrangement referred to in the first paragraph of this section. 
SEC. 19. Removal of organ. - No person shall remove any organ from 
the body of a deceased person for the purpose referred to in section 9 except in 
pursuance of the authority therein given. 
SEC. 20. Advertisements relating to buying or selling of organs or 
blood. - No person shall issue or cause to be issued any advertisement relating 
to the buying or selling of any organ or blood or of the right to take any organ or 
blood from the body of a person. 
SEC. 21. Adverfisements Organ trafficking. - Any person is prohibited 
to perform acts which promote or facilitate organ trafficking which include but not 
limited to recruiting, hiring, adopting, transporting or abducting a person, by 
means of threat or use of force, fraud, deceit, violence, coercion or intimidation 
for the purpose of removal or sale of organs of said person. 
SEC. 22. Destruction, Mutilation and Alteration in the Register. - No 
person shall willfully destroy, mutilate or make any unauthorized alteration in the 
register referred to in section 15. 
SEC. 23. Disclosure of information. - Subject to this section, a person 
shall not disclose or give to any other person any information or document 
whereby the identity of a person: 
(a)from whose any body organ has been removed for the purpose of 
(b) with respect to whom or with respect to whose body a consent or 
(c) into whose body any organ has been, is being, or may be, 
transplantation; 
authority has been given under this Act; or 
transplanted, may become publicly known. 
The preceding paragraph shall not apply to or in relation to any information 
disclosed: 
(a) for the purpose of administering and enforcing this Act; 
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(b) for the purpose of referring any complaint or information concerning 
(c) in pursuance of an order of a Court or when otherwise required by law; 
(d) for the purposes of hospital administration or bona fide medical 
(e) with the consent of the person to whom the information relates; or 
(f) when the circumstances in which the disclosure is made are such that 
any registered medical practitioner under related laws; 
research; 
the disclosure is or would be privileged. 
PENALTIES 
SEC. 24. Penalties. -Any person who contravenes provisions of this act 
shall be guilty of an offense and shall be liable on conviction to a fine not 
exceeding P100,OOO or to imprisonment for a term not exceeding 12 months or 
both. 
MISCELLANEOUS 
SEC. 25. Act does lot prevent specified removal of organ, etc. - 
(a) the removal of any organ from the body of a living person in the course 
of a procedure or operation carried out, in the interests of the health of 
the person, by a medical practitioner with the consent, express or 
implied, given by or on behalf of the person or in circumstances 
necessary for the preservation of the life of the person; 
Nothing in this Act shall apply to or in relation to: 
(b) the use of any organ so removed; 
(c) the embalming of the body of a deceased person; or 
(d) the preparation, including the restoration of any disfigurement or 
mutilation, of the body of a deceased person for the purpose of 
interment or cremation. 
SEC. 26. Repealing Clause. -All laws, orders, issuances, and rules and 
regulations or parts thereof inconsistent with this Act are hereby repealed or 
modified accordingly. 
SEC. 27. Separability Clause. - The provisions of this Act are hereby 
deemed distinct and separable from each other. If any provision hereof be 
declared invalid or unconstitutional, such invalidity or unconstitutional, such 
invalidity or unconstitutionality shall not affect the other provisions which shall 
remain in full force and effect. 
SEC. 28. €ffectivitym - This Act shall take effect one hundred twenty 
(120) days following its publication in at least two newspapers of general 
circulation. 
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