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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3165

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

EXPLANATORY NOTE

Transplantation of human organs, tissues or parts from one person to another is
one of the highly acclaimed medical advancement internationally. The demand for
donors has grown at a steadily increasing pace in the market and gave rise to the
business of human organ trading.

This commodification of human organs, tissues or parts has led to the
exploitation of persons living in poverty and the uneducated, especially from the
developing countries, who would readily sell for easy and big money. This is not only
socially problematic but is also morally repugnant, a direct affront to human dignity, the
right to health and social justice -which are all enshrined in the 1987 Constitution.

Barely two years when the Philippines opened itself to medical tourism in 2005,
hundreds of patients from foreign countries had visited the country for organ (mostly
kidney) transplantation. According to the Department of Health (DOH), several health
facilities have violated DOH Administrative Order which mandates a ten percent (10%)
allocation of organ transplantation to foreign patients/recipients.

Protests from concerned medical professionals and the Department of Social
Welfare and Development have prompted the issuance of a presidential directive, in
2008, totally banning organ transplantation to foreign recipients who use Filipino
donors not related to them. However, despite said directive, the current system to
supervise and regulate organ transplantation in the country remains inadequate as the
practice of illegal transplantation still persists.

As an affirmation of human dignity, this proposed measure will institutionalize
measures and safeguards to better protect the vulnerable, poor and marginalized from
exploitation as well as eliminate the practice of illegal transplantation. It aims to
prohibit the commodification of human organs, tissues and parts and penalize all those
who engage in the same, including but not limited to, those who advertise, support,
encourage, facilitate and practice unlawful transplantation.

The passage of this bill is earnestly sought.

‘ n
RENE Li Ch eae


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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3165

Introduced by HON. RENE LOPEZ RELAMPAGOS
First District, Bohol

AN ACT
TO INSTITUTE POLICIES TO PROHIBIT COMMERCIAL DEALINGS IN
HUMAN ORGANS, TISSUES AND/OR PARTS, PROVIDING PENALTIES
‘THEREFOR FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES

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 “Anti-Commercial
Dealings in Human Organs, Tissues and/or Parts Act”.

SEC. 2. Declaration of Policy. - It is hereby declared that the State values
the dignity of every human person and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest priority to the enactment of measures
and development of programs, projects and policies that will promote human dignity,
protect the people from any threat of violence and exploitation, and prevent and
climinate commercial dealings in human organs, tissues and/or parts.

‘The State further recognizes the inherent human dignity of persons as enshrined
in the United Nations Universal Declaration on Human Rights, United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
to the UN Convention on the Rights of the Child, World Health Organization's Guiding
Principles on Human Organ Transplantation and all other relevant and universally
accepted human rights instruments and other international conventions to which the
Philippines is a signatory.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Advertisement ~ includes any form of advertising or the promotion of goods,
services or ideas through paid announcements in the print, broadcast or electronic
media whether to the public generally or to any section of the public or individually
selected persons for the purpose of promoting commercial dealings in human organs,
tissues and/or parts,

(2) Commercial Dealings — refers to the sale, barter or any transaction of
human organs, tissues and/or parts which involves consideration in whatever form and
any transaction involving the illegal trafficking of human organs and/or tissues
through whatever means and acting as a broker for such transactions whether for
money or any other consideration in violation of this Act. However, this does not
apply among persons related up to the 4'" degree of consanguinity.


(3) Hospital — a facility devoted primarily to the diagnosis, treatment and care
of individuals suffering from illness, disease, injury or deformity, or in need of
obstetrical or other medical and nursing care. It shall also be construed as any
institution, building or place where there are facilities and personnel for the continued
and prolonged care of patients. It includes a nursing home, clinic, medical center,
medical or teaching institution for therapeutic purposes and other like institution.

(4) Human organ — includes, but is not limited to, a human kidney, liver,
heart, lung, pancreas, or any other human organ’ or nonrenewable or
nonregenerative tissue except plasma and sperm.

(5) Organ/Tissue Bank Storage Facility ~ a facility licensed, accredited or
approved under the law for storage of human bodies or parts thereof,

(6) Part — includes transplantable organs, tissues, eyes, bones, arteries, blood,
other fluids and other portions of the human body.

(7) Physician - refers to a physician licensed or authorized to practice
medicine under the laws of the Republic of the Philippines.

(8) Valuable consideration ~ means financial gain or advantage, but does not
include the reasonable costs associated with the removal, storage, transportation, and
transplantation of a human organ, tissue and/or part, or reimbursement for those
services, or the expenses of travel, housing, and lost wages incurred by the donor.

SEC. 4. Prohibited Acts - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:

(a) To advertise in any manner, whether formally through print, broadcast or
electronic media or informally, an offer to sell, barter or transact in human organs,
tissues and/or parts or an offer to acquire, buy or to receive human organs, tissues
and/or parts for consideration in whatever form;

(2) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any means,
including the use of information technology and the internet, or any brochure, flyer, or
any propaganda material that promotes commercial dealings in human organs, tissues
and/or parts;

(3) To recruit, transport, transfer, harbor, provide, or receive a person by any
means, for the sale, barter, or any transaction of human organs, tissues and/or parts
which involves consideration in whatever form;

(4) To offer consideration in money, kind or services for the purpose of
acquiring, buying, offering, selling, or trading human organs, tissues and/or parts;

(5) To act as a facilitator, middleman, broker or other similar role in the sale,
barter or other transaction of human organs, tissues and/or parts for consideration in
whatever form;

(6) To engage in the sale, barter or other transaction of human organs, tissues
and/or parts for consideration in whatever form;

(7) To store and/or handle parts with the knowledge that the human organs,
tissues and/or parts has been acquired or transferred or sold for consideration in
whatever form;


(8) To deliver, transport, transfer and/or distribute human organs, tissues
and/or parts with the knowledge that the human organs, tissues and/or parts has
been acquired or transferred or sold for consideration in whatever form;

(9) To remove or transplant human organs, tissues and/or parts with the
knowledge that in human organs, tissues and/or parts has been acquired or transferred
or sold for consideration in whatever form;

(10) To consent to the transplantation of human organs, tissues and/or
parts and be transplanted with the same with the knowledge that the human organs,
tissues and/or parts has been acquired or transferred or sold for consideration in
whatever form;

(a1) To offer to supply human organs, tissues and/or parts for consideration or
initiates or negotiates any dialogue or exchange for the supply thereof or for an offer to
supply human organs, tissues and/or parts;

(12) To engage in the trading of human organs, tissues and/or parts for
consideration in whatever form;

(13) To recruit or invite persons to supply human organs, tissues and/or parts
for consideration;

(14) To make or receive payment for the supply of or for an offer to supply
human organs, tissues and/or parts.

SEC. 5. Acts that Promote or Facilitate Commercial Dealings in
Human Organs and/or Tissues. - The following acts which promote or facilitate
commercial dealings in human organs, tissues and/or parts shall be unlawful:

(2) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting commercial dealings in human
organs, tissues and/or parts;

(2) To produce, print and issue or distribute publications which include
advertisements of the sale, barter, or other transactions on human organs, tissues
and/or parts for consideration in whatever form;

(3) To knowingly benefit from, financial or otherwise, from commercial dealings
in human organs, tissues and/or parts;

(4) To maintain a data bank of prospective commercial donors.

SEC. 6. Qualified Commercial Dealings in Human Organs and/or
Tissues. - The following are considered as qualified commercial dealings in human
organs and/or tissues:

(2) When the crime is committed by a syndicate, or in large scale. Commercial
dealing in human organs, tissues and/or parts is deemed committed by a syndicate if
carried by a group of three (3) or more persons conspiring or confederating with
one another, It is deemed committed in large scale if committed against three (3) or
more persons, individually or as a group;

(2) When the offender is a medical practitioner, doctor or physician or when
the offense is committed by a public officer or employee;

(3) When the crime is committed by a corporation, association or a group;


(4) When the victim of the crime is a minor or those already of age but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition :
and,

(5) When the victim was forced to enter into the commercial dealing of his/her
organs tissues and/or parts due to force, violence, intimidation, threat, fraudulent
machinations, grave abuse of authority and other similar means which vitiate free will
and consent;

(6) When the donor suffered severe complications as a result of organ
removal and died as a consequence thereof.

SEC. 7, Prosecution of Cases. - Any person who has personal
knowledge of the commission of any offense under this Act may file a complaint for
commercial dealings in human organs, tissues and/or parts.

SEC. 8. Venue. - A criminal action arising from violation of this Act shall
be filed where the offense was committed, or where any of its elements occurred:
Provided, that the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.

SEC. 9. Penalties and Sanctions. - The following penalties and sanctions
are hereby established for the offenses enumerated in the Act:

(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of
not less than One million pesos (P 1,000,000.00) but not more than Two million pesos
(P 2,000,000.00);

(2) Any person found guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos (P 500,000.00) but not more than One million
pesos (P 1,000,000.00);

(3) Any person found guilty of qualified commercial dealing in human organs
and/or tissues under Section 6 shall suffer a penalty of life imprisonment and a fine of
not less than Two million pesos (P 2,000,000.00) but not more than Five million pesos
(P 5,000,000.00);

(4) If the offender is a corporation, partnership, association, club, establishment
or any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the commission
of the crime or who shall have knowingly permitted or failed to prevent its commission;

(5) The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring corporation, association, or group shall be cancelled and
revoked permanently. The owner, president, partner or manager thereof shall not be
allowed to operate similar establishments in a different name;

(6) If the offender is a hospital, clinic or other similar licensed medical
institution, the penalty shall be imposed upon its owner, president, director, members
of the board, officials, doctors with knowledge of the illegal acts and participates
therein including the medical staff;

(7) The license of the hospital, clinic or medical institution with the Department
of Health and other regulatory institutions shall be cancelled and revoked and the
license to practice of medical professionals found guilty of the illegal acts shall be


cancelled and revoked;

(8) If the offender is a foreigner, he shall be immediately deported after serving
his sentence and be barred permanently from entering the country;

(9) Any employee or official of government agencies who shall commit the
prohibited acts enumerated under Section 4 and Section 5 shall be held
administratively liable, without prejudice to criminal liability under this Act. ‘The
concerned government official or employee shall, upon conviction, be dismissed from
the service and be barred permanently to hold public office. His/her retirement and
other benefits shall be likewise forfeited.

SEC. 10. Prescriptive Period. - Commercial dealing in human organs,
tissues and/or parts cases under this Act shall prescribe in ten (10) years; Provided
however, that cases under Section 6 of this Act shall prescribe in twenty (20) years.

‘The prescriptive period shall commence from the day on which the organ, tissue
and/or part subject of the commercial dealings has been removed for the purpose of
transplantation or when the crime was discovered by authorities and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when the proceedings terminate without the accused being convicted or
acquitted or unjustifiably stopped for any reason not imputable to the accused.

SEC. 1. Confiscation and Forfeiture of the Proceeds and
Instruments Derived form Commercial Dealings in Human Organs and
Tissues. - In addition to the penalty imposed for the violation of this Act, the court
shall order the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the commission of the crime, unless they are the
property of a third person not liable for the unlawful act: Provided, however, that all
awards for damages shall be taken from the personal and separate properties of the
offender: Provided, further, that if such properties are insufficient, the balance shall
be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, of the offender, or it has been concealed, removed,
converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the
proceeds, property or instruments of the offense.

SEC. 12. Preferential Option to be State Witnesses and
Entitlement under the Witness Protection Program. - Any person who
allowed the removal of his/her organ/s tissue/s and/or part/s for consideration in
whatever form shall have the option to be a state witness and shall be entitled to the
witness protection program under Republic Act No. 6981.

SEC. 13. Duty of Hospitals and Organ/Tissue Bank Storage Facility.
= It shall be the duty of all hospitals to :

(a) ensure that all removal and transplantation of human organs, tissues
and/or parts do not contravene the provisions of this Act and to report to the proper
authorities any contravention of this Act. Likewise, it shall be the duty of
Organ/Tissue Bank Storage Facility to ensure that all organs, tissues or parts stored in
the facility were not acquired or received for consideration in whatever form in
contravention of this Act and to report to the proper authorities any contravention of
this Act.

(b) create a Hospital Ethics Committee whose purpose is to improve health care


delivery and outcomes by helping to identify, analyze and resolve ethical dilemmas as
they emerge predominantly through consultation, education and policy development.
The Ethics Committee shall make recommendations in determining the ethical
principles and policies on organ, tissue and part transplantation in order to prevent
and avoid participation of the hospital, whether directly or indirectly, in commercial
dealings in human organs, tissues and/or parts.

(©) record all organs, tissues and/or parts received, the source of the donation,
the purpose for the donation, the names of the persons concerned, the date of the
donation, storage, removal or transplant of the organ, tissue and/or part and other
relevant information necessary. The records and documents containing such
information shall be made available and transparent to the public, whenever necessary.

(d) submit periodic reports which shall include relevant records and documents
to the Oversight Committee against Commercial Dealings in Human Organs and/or
‘Tissues as defined under the next section on their compliance with the provisions of
this Act.

SEC. 14. National Transplant Ethics Committee. - The National
‘Transplant Ethics Committee who shall formulate a national ethical standards or
guidelines on organ donation and transplantation for the approval of the Philippine
Board for Organ Donation and Transplantation, shall assist the Board in the resolution
of ethical issues and in the monitoring of transplant facilities to ensure compliance
with ethical standards or guidelines.

SEC. 15. Oversight Committee against Comme rcial Dealings in
Human Organs, Tissues and/or Parts. - There is hereby created an Oversight
Committee against Commercial Dealings in Human Organs and/or Tissues composed
of the Secretaries of the Department of Health, the Department of Justice and the
Department of Social Welfare and Development, two (2) representatives from the
private medical sector and two (2) representatives from Non- Government
Organizations (NGOs), as members.

SEC. 16. Functions of the Oversight Committee. - The Oversight
Committee against Commercial Dealings in Human Organs, Tissues and/or Parts shall
have the following functions:

(a) To set the guidelines and overall framework to monitor and ensure
the proper implementation of this Act;

(2) To ensure the formulation of programs, projects and policies and their
transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the
implementation of this Act;

(3) To approve the budget for the programs of the Oversight Committee,
including compensation of all personnel;

(4) To submit periodic reports to the President of the Philippines and Congress
on the implementation of the provisions of this Act;

(5) To determine inherent weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and

(6) To perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.

SEC. 17. Adoption of Committee Rules and Regulations. - In aid of


its oversight functions, the Oversight Committee against Commercial Dealings in
Human Organs, Tissues and/or Parts shall adopt its internal rules of procedure,
conduct investigations and receive testimonies, reports, and technical advice, invite or
summon any public official, private citizen, or any other person to appear before it, or
require any person to produce documents or other materials consistent with the
provisions of this Act.

The Oversight Committee against Commercial Dealings in Human Organs,
‘Tissues and/or Parts shall be assisted by a secretariat to be composed of personnel that
may be seconded from the Departments involved and may retain consultants.

SEC. 18. Programs against Commercial Dealings in Human Organs,
Tissues and/or Parts. - There shall be a comprehensive program to be formulated
by the Oversight Committee against Commercial Dealings in Human Organs and/or

‘issues in coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to prevent commercial
dealings in human organs and/or tissues for consideration in whatever form.

SEC. 19. Funding. - The amount necessary to carry out the powers and
functions of the Oversight Committee against Commercial Dealings in Human
Organs, Tissues and/or Parts and for the effective implementation of the Act is hereby
authorized to be appropriated under the regular budget of the Department of Health.

SEC. 20. Implementing Rules and Regulations. - The Oversight
Committee against Commercial Dealings in Human Organs, Tissues and/or Parts, in
consultation with relevant stakeholders, shall promulgate the necessary implementing
rules and regulations within six (6) months from the effectivity of this Act.

SEC. 21. Separability Clause. ~ If for any reason any section or provision
of this Act is held unconstitutional or invalid, the other sections or provisions hereof
shall not be affected thereby.

SEC. 22. Repealing Clause. — All laws, presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SEC. 23.  Effectivity. — This Act shall take effect fifteen (15) days
following the completion of its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Approved,