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

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILE No._58i2

Introduced by Representatives Kaka J. Bag-ao, Maria Isabelle ‘Beng’ G.
Climaco, Jorge ‘Bolet’ B. Banal, Arnel U. Ty, and Janette L. Garin, M.D.

EXPLANATORY NOTE

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. Prior to 2007, the HIV
incidence was one new HIV infection a day. By 2011, the country was recording
seven new HIV infections a day, making it one of the only seven countries
worldwide where HIV infection continues to rise. Government epidemiologists
have warned that by 2015, the total number of HIV cases in the Philippines could
reach 45,000 from the reported 7,000 cases in 2011.

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:
condom use is low among Filipinos, and among key populations, sexually
transmitted infections and multiple sexual partnerships are common.

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.


It has also failed to provide clarity on the continuing confusion around the structure governing
the country’s HIV 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 HIV 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 HIV and AIDS is important at this juncture. This proposed
measure seeks to introduce the following reforms:

1. The restructuring of the legal framework on HIV 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. The prompt passage of this bill is earnestly sought.

Adopted,
(of. Kaka/Bag-ao & ee Lean Gieece
kbayan Representative 1st Dist. Represenfative, Zamboanga City

‘Bolet’ Banal”

LPGMy Representative epresentative, Quezon City

N
tn (allen M.D.
1" Dist.Représentative, lloilo


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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. 3

Section 3. Definition of terms. - As used in this Act, the following terms shall be defined as
follows:

A

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

Anti-retroviral treatment - refers to the treatment that stops or suppresses a retrovirus
like HIV,

Compulsory HIV testing - refers to HIV testing imposed upon an individual
characterized by lack of consent, use of force or intimidation, the use of testing as a
prerequisite for employment or other purposes, and other circumstances when
informed choice is absent.

Discrimination - refers to any action taken to distinguish, exclude, restrict or show
preference based on any ground such as sex, gender, age, sexual orientation, gender
identity, economic status, disability, and ethnicity, whether actual or perceived, and
which has the purpose or effect of nullifying or impairing the recognition, enjoyment or
exercise by all persons of an equal footing of all rights and freedoms.

Gender identity - refers to a person's internal and individual experience of gender that
may or may not correspond with the sex assigned at birth, including the person's
sense of the body, which may involve, if freely chosen, modification of bodily
appearance or function by medical, surgical and other means, and other experience of
gender, among them dress, speech, and mannerism

Harm Reduction - refers to evidence-based policies, programs and approaches that
aim to reduce the harmful consequences on health, social relations, and economic
conditions that are associated with the use of psychoactive substances.

HIV and AIDS counselor - refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council to conduct training on
counseling on HIV and AIDS, HIV prevention, and human rights and stigma reduction,

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

HIV testing - refers to any facility-based or mobile medical procedure that is conducted
to determine the presence or absence of HIV in one’s body.

HIV-related testing - refers to any laboratory testing or procedure in relation to one’s
HIV status.

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

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


Person living with HIV - refers to any individual diagnosed to be infected with HIV.

Sexually transmitted infection (STI) — refers to infections that are spread through the
transfer of organisms from one person to another through sexual contact.

Sexual orientation - refers to a person's sexual and emotional attraction to, or intimate
and sexual relationship with, individuals of different, the same, or both sexes.

Stigma - 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.

Opportunistic infection (Ol) — refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune system.

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.

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.

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.

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 HIV, 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 government shall
therefore actively promote safer sex behavior, especially among key populations; safer
practices that reduce risk of HIV infection; access to treatment; consistent sexual
abstinence and sexual fidelity, and; the consistent and correct condom use.

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

HIV and AIDS Education and Information. - The State shall educate the public,
especially the key populations and vulnerable communities, on HIV and AIDS and
other sexually transmitted infections, with the goal of reducing risky behavior, lowering
vulnerabilities, and promoting the human rights of persons living with HIV.


HIV and AIDS Education for key populations and vulnerable communities. - To
ensure that HIV services reach key populations, the State, through the Philippine
National AIDS Council and in collaboration with HIV 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.

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 intermediate grades,
and secondary and tertiary levels, including non-formal 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.

HIV and AIDS education in the workplace. - All public and private employees,
workers, managers, and supervisors, including members of the Armed Forces of
the Philippines (AFP) and the Philippine National Police (PNP), shall be provided
with standardized basic information and instruction on HIV and AIDS, including
topics on confidentiality in the workplace and stigma and discrimination.

In coordination with the Philippine 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

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.

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 of HIV.


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. _ Information for tourists and transients - Educational materials on the cause,
modes of transmission, prevention, and consequences of HIV infection shall be
adequately provided at all international ports of entry and exit. The Department
of Tourism, the Department of Foreign Affairs, and the Bureau of Immigration, in
coordination with the Philippine National AIDS Council and with stakeholders in
the tourism industry, shall implement this provision.

HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is voluntary
and confidential. All HIV testing facilities shall be required to provide free HIV
counseling to individuals who wish to avail of HIV testing, 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 National AIDS Council shall develop the guidelines for the
conduct of HIV counseling and HIV testing, including mobile HIV counseling and
HIV 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:

i. HiVand AIDS;

ii, HIV testing as the only means to determine if one is infected with the
virus;

ili, HIV testing as a confidential and voluntary process, and an individual may
opt out of the process;

iv. HIV test results as confidential information;

v. Use of HIV test results for epidemic surveillance;

vi, How HIV infection is prevented;

vi, 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 OI 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 HIV infection; and

ix. other information deemed relevant by the Philippine National AIDS
Council

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; (i) 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; (ii) 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.

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.

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 HIV to help them
make informed decisions about their reproductive lives;

3. Prevention of HIV transmission from positive mothers to their infants during
pregnancy, labor, delivery and breastfeeding;

4, Integration of HIV care, treatment, and support for positive mothers and their
families.

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 shalll also be subjected to HIV
testing. HIV positive blood shall be disposed of properly and immediately. A
second testing may be demanded as a matter of right by the blood, tissue, or
organ recipient or his immediate relatives before transfusion or transplant,
except during emergency cases.

Donations of blood, tissue, or organ testing positive for HIV may be accepted for
Tesearch 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, embalming, tattooing or similar
procedures and guidelines on the handling and disposition of cadavers, body
fluids or wastes of persons know or believed to be HIV positive. The necessary
protective equipment such as gloves, goggles and gowns shall be made
available to all physicians and health care providers and similarly exposed
personnel at all times.

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
HIV and AIDS who are in need of such treatment. Free medication for opportunistic
infections shall also be provided to persons living with HIV 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.

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 shalll enforce
confidentiality in the provision of these packages to persons living with HIV.

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.

Economic empowerment and support - No person living with HIV 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 governments, shall develop
programs to ensure economic empowerment and provide economic support to persons
living with HIV.

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 HIV,
which shall include peer-led counseling and support, social protection, welfare
assistance, and mechanisms for case management. These programs shall include
care and support for the affected children, families and partners of persons living with
HIV.

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.

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 HIV and AIDS services by government and private HIV and
AIDS service providers.

Prohibition on compulsory HIV 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:


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“1. Aperson 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 of Republic 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.”

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 HIV status;
Provided, that the person living with HIV has not misrepresented the fact to the
insurance company or loan or credit service provider upon application;

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

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

9. Other similar 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 delivery of such services.

Section 8. Confidentiality. - The State shall guarantee the confidentiality and privacy of any
individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV

and AIDS-related illnesses, or has been treated for HIV-related illnesses.

A

Confidential HIV and AIDS information - Unless otherwise provided in Section 8 (C) of
this Act, it shall be unlawful to disclose, without written consent, information that a
person:

i, had an HIV-related test;

has HIV infection, HIV-related illnesses, or AIDS; or

i. 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

(ii) any person, natural or juridical, who, pursuant to the receipt of the required
written consent from the subject of confidential HIV and AIDS information, 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.

Release of HIV testing and HIV-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.

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
information related to a person's identity shall remain anonymous;

2. When informing other health workers directly involved in the treatment or care of
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

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 peet
educators to disclose to his or her partner about his or her condition



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“Civil liability. - Any person who has obtained knowledge of confidential HIV and AIDS

information and has used such information to malign or cause damage, injury, or loss.
to another person may face liability under Articles 19, 20, 21, and 26 of the Civil Code.

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 government agencies that shall implement the plan; and
d) the budgetary requirements for the implementation of the plan and a corollary investment
plan that shalll 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. Furthermore, PNAC shall report annually 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 Council or designate a local body that
shall ensure the implementation of the Local HIV and AIDS Plan. Furthermore, they
shall ensure the availability and accessibility of prophylactic devices, treatment,
diagnostic supplies for HIV and other sexually transmitted infections and reagent for
HIV testing.

The Department of Interior 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 perform the following functions:



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Develop the National HIV and AIDS Pian in collaboration with relevant
government agencies and civil society groups;

Ensure the operationalization and implementation of the National HIV and AIDS.
Plan;

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

Develop, enforce, and/or ensure the implementation of the guidelines and

Policies that are stipulated in this Act, including other policies that may be

necessary to implement the National HIV and AIDS Plan;

Monitor the progress of the epidemic;

Monitor the implementation of the National HIV and AIDS Plan, undertake mid-
term assessments, and evaluate its impact;

Strengthen the collaboration between government agencies and civil society
organizations involved in the implementation of the National HIV and AIDS Plan,
including the delivery of HIV and AIDS related services;

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

Mobilize domestic and international sources of fund to finance the National HIV
and AIDS Plan;

Coordinate and cooperate with foreign and international organizations regarding
funding, data collection, research, and prevention and treatment modalities
‘concerning HIV and AIDS; and

Recommend policy reforms to Congress and other government agencies to
strengthen the country’s response to the epidemic.

Membership and Composition. -

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The Council shall be composed of twenty-six (26) members as follows:

‘The Secretary of the Department of Health;

ji, The Secretary of the Department of Education, Culture and Sports;

ili, The Chairperson of the Commission on Higher Education;

iv. The Director-General of the Technical Education and Skills Development

Authority;

‘The Secretary of the Department of Labor and Employment;

The Secretary of the Department of Social Welfare and Development;

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

The Secretary of the Department of Justice;

The Director-General of the National Economic and Development

Authority;

The Secretary of the Department of Tourism;

The Secretary of the Department of Budget and Management;

The Secretary of the Department of Foreign Affairs;

‘The Head of the Philippine Information Agency;

The President of the League of Governors;

The President of the League of City Mayors;

The Chairperson of the Committee on Health of the Senate 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
HIV 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. Allmembers 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 of this 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 shalll 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 upon recommendation of the Council for a maximum of two (2)
consecutive terms.

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 HIV 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 in identifying and building internal and external networks and
partnerships;

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

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

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 HIV and AIDS and STI Prevention and Control
Program (NASPCP) of the Department of Health, which shall be staffed by qualified medical
specialist and support staff with permanent appointment and supported with an adequate
yearly budget, shall coordinate with PNAC for the implementation of the health sector's HIV
and AIDS and STI response, as identified in the National HIV and AIDS Plan.

Section 13. Misinformation on HIV and AIDS as a prohibited act. - Misinformation on HIV
and AIDS through false and misleading advertising and claims, or the promotional marketing
of drugs, devices agents or procedures without prior approval from the 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 HIV 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 HIV testing facility);
Section 5 (B) (insurance coverage); Section 6 (B) (voluntary 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 and/or a fine of not less than fifty thousand pesos (P50,
000.00) but not more than five hundred thousand pesos (P500,000.00). 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 (P100,000.00) 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 (1) year to five (5) years and a fine of
not less than one hundred thousand pesos (P100,000.00) but not more than five
hundred thousand pesos (P500,000.00). 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 15. 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 shalll include the Chair of the Senate Committee on Health and
Demography, and three (3) members from the House of Representatives, which shalll 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 16. 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 HIV and
AIDS Plan shall be included in the budget of PNAC or the implementing national government
agencies in the annual GAA.

Section 17. Implementing Rules and Regulations. - The Philippine National AIDS Council
shall promulgate the necessary implementing rules and regulations within sixty (60) days from
the effectivity of this Act.

Section 17. 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 18. Repealing Clause. - All laws, decrees, executive orders, proclamations and
administrative regulations or parts thereof inconsistent herewith are hereby repealed or
amended accordingly.

Section 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) national papers of general circulation

Adopted,