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

Sixteenth Congress
Fint Regular Session

3243

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

With one Filipino contracting the buman immunodeficiency sirus or “HIV” every 1.5 hours,
the increase in the number of HIV cases has become undeniably alarming. In a span of
four years covering 2008 to 2012, HIV cases in the Philippines increased by five hundred
twenty-three percent (523%).

For this year alone, and only as of August 2013, the Philippine National AIDS Council
(‘PNAC’) has recorded a total of 3,154 new HIV cases, sixty-eight percent (68%) higher
compared to last year’s figures for the same period. Of these cases, six percent (6%) are
AIDS cases.

Despite the epidemic affecting only a small proportion of the populace, there is no room

for complacency

ide from increasing aw:

ness and understanding of how HIV and
AIDS are con:

acted, testing, support and treatment of HIV and AIDS cases should be

institutionali:

‘This bill seeks to strengthen the country’s comprehensive policy on the prevention,
treatment and care of HIV and AIDS patients, and thei protection of the rights and
freedoms of those afflicted with such diseases as well as to improve their living
conditions. Tt seeks to restructure the legal framework by harmonizing evidence-
informed strategies and approaches on the prevention, treatment, care and support for

HIV and AIDS victims, with government response.


This bill also seeks to clarify the roles and responsibilities of State institutions involved in
HIV and AIDS response from national agencies to the local level. It also provides for the
strengthening of the stigma reduction mechanisms of the law which guarantees that the
country’s HIV and AIDS program is premised on the respect, recognition and
promotion of human dignity.

For the above purposes, this bill seeks to strengthen the PNAC as the central planning
and implementing agency for HIV and AIDS concerns by increasing its functions and
providing a permanent secretariat to support its activities. Stiffer penalties are also
provided for violations of the provisions of the law and its implementing rules and

regulations.

In view of the foregoing, approval of this bill is eamestly sought.

IBA) “BARRY” Ve [ERREZ II WALDEN F. BELLO


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

Sixteenth Congress
Fint Regular Session

3243

House Bill No.

Se

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

Ue

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON
HIV AND AIDS PREVENTION, TREATMENT, CARE AND SUPPORT,
AND ESTABLISHING THE PHILIPPINE NATIONAL HIV AND AIDS
PLAN, AMENDING FOR THE PURPOSE, REPUBLIC ACT NO. 8504,
OTHERWISE KNOWN AS THE “PHILIPPINE AIDS PREVENTION AND
CONTROL ACT OF 1998,” AND APPROPRIATING FUNDS THEREFOR.

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

SECTION 1. Short Title—This Act shall be known as the “Revised Philippine HIV and
AIDS Policy and Program Act of 2013.”

SECTION 2. Section 2 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby repealed and replaced with the

following provision:

“Section 2. Declaration of polices —The Human
Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (“HIV and AIDS”) are public health concerns

Secar4daH red

ul that have wide-ranging social, political, and economic


repercussions. Responding to the HIV and AIDS epidemic
is therefore imbued with public interest.

Accordingly, 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.

(©) Adopt a multi-sectoral approach in responding to the
HIV epidemic by ensuring that local communities, civil
society organizations, and persons living with HIV are
involved in the process. |

(©) Remove all barriers to HIV and AIDS-related services

by eliminating the climate of stigma that surrounds the
epidemic and the people directly and inditectly affected
byit.

(@ Positively address and seek to eradicate conditions that
aggravate the spread of HIV infection, including but
not limited to, poverty, gender inequality, prostitution,
marginalization, drug abuse and ignorance.

Respect for, protection of and promotion of human rights
are the cornerstones of an effective response to the HIV
epidemic. The meaningful inclusion and participation of
persons directly and indirectly affected by the epidemic,
especially persons living with HIV, are crucial in eliminating
the virus. Thus, unless otherwise provided in this Act, the


er Anko K Ee

confidentiality, anonymity, and non-compulsory nature of
HIV testing and HIV-related testing shall always be
guaranteed and protected by the State.

Policies and practices that discriminate on the basis of
perceived or actual HIV status, sex, gender, sexual
orientation, gender identity, age, economic status, disability
and ethnicity hamper the enjoyment of basic human rights
and freedoms guaranteed in the Constitution and are

deemed inimical to national interest.”

SECTION 3. Section 3 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 3. Definition of Terms-—As used in this Act, the

following terms are defined as follows:

(@) ‘Acquired Immune Deficiency Syndrome (AIDS) refers to a
health condition chameterized-by-a-eombination-of
‘signs—and-symptoms;—eaused—by where there is a

ficien ni from
n_with th wunodefi Vi
‘ot HIV. contmetedtrom—anotherperson—avhich
snttrcks ind weaker the bodys immune system,
making the-affteted an individual susceptible to other
life-threatening opportunistic infections.


(0) Antintrovira? refers to the treatment that stops or

su viral ication or replications of
retrovirus like HIV thereby slowing down the
progression of infection.

© ‘Gail soceey ganization? ox ‘CSO? refer to a group or
groups of non-governmental _and_non-commercial
individuals or legal entities that are engaged in non-
coerced collective action around shared interests,
purpose and values.

@) ‘Community-based research takes place in_community
a involv. mmunif in
ign and imp: n of.

(© ‘Compulsory HIV testing refers to HIV testing imposed
upon person an individual attended-or characterized
by the lack of vitisted consent, use of physieat force
or intimidation or-any-formoFeompulsion, the use of

ny rerequisi loymen:

\d_other wi

choice is absent.

(‘Contact tracing refers to the method of finding and
counseling the sexual partner or partners of a person
who has been diagnosed as having sexually

transmitted disease.

@ Disoimination’ refers to any action taken to dis

exclude, restrict, or show preferences based on any

id ‘as sex, gender, sexual orientation,
xt identity, ec 1ic status, disability, ethnicit

and HIV status, whether actual or perceived, and

which has the purpose or effect of nullifying or



impairi ition, enjoy r exercise by
all 301 situated, of ights _and

freedoms.

(0) ‘Gonder identipy ref a_person’s intemal _and
individual experience of that may or may
corr with the sex ass rte
the person’s sense of the body, which may involve, if
Freel -n, modification of bodily a
function by medical, surgical and other means, and

nce of th h
‘mannerism.

@ ‘Harm reduction refers to evidence-based policies,
Programs and approaches that aim _to reduce
|

fransmission of HIV and its harmful consequences on

ial rek nomic

@) ‘High-risk bebavior refers to a person’s frequent
involvement in certain activities that increase the risk

of transmitting or acquiring HIV.

©) ‘Human Immunodefcieny Virus (HIV) refers to. the
virus which-eauses-AIDS, of the type called retoninus

t
which infects cells of the human immune system—

inly CD4 posit ke
yonents of celh immune m:
desi or im Is’ function. Infection with
V_ results in rogressiv« ioration of

© ‘HIV counseling refers to the process by which an

individual is provided with an opportunity to learn

and accept their HIV se itus_in. nn fident


environment with cour | for ongoit

support and medical care.

() ‘HIV. and AIDS counselor refers to_any_individua
in i i or li

the Department of Health (“DOH”) to provide

ct HIV with emy is

in lification.

(1) ‘HIV/AIDS monitoring’ refers to the documentation
and analysis of the number of HIV/AIDS infections
and the pattern of its spread.

(©) ‘HIV/AIDS prevention and contro? refers to measures
aimed at protecting non-infected persons from
contracting HIV and minimizing the impact of the
condition of persons living with HIV.

(©) ‘HIV-negative denotes the absence of HIV or HIV
antibodies upon HIV testing.

@ ‘HIV-positive refers to the presence of HIV infection
as documented by the presence of HIV or HIV
antibodies in the sample being tested.

(©) ‘HIV-related testing’ cefers to any laboratory testing or
procedure done on an individual regardless of

xr the itive

© ‘HIV testing refers to any laboratory facility-based or
mobile medical procedure done-on-an-individerat that
is conducted to determine the presence or absence of
HIV infection in_a_person’s body. HIV testing is

nfidential, voh in_nj and _m be


Sowmraaunaeune

accompanied by counseling prior to, and after the

testing, and_condi only _with informed
‘consent of the person.

(© ‘HIV testing facility refers to any DOH accredited in-
site_or mobile testis nt hospit ini
laboratos facility that h: ity to

conduct voluntary HIV counseling and HIV testing,

(W) ‘HIV transmission cefers to the transfer of HIV from
one infected person to an uninfected individual, most
commonly through sexual intercourse, blood
transfusion, sharing of intravenous needles and during

pregnancy.

(©) ‘Kev aftcted populations at higher risk of HIV exposute ot
‘hey population? refer to those groups of persons, as

mine: hilippin neil
inafter_ref “Council”
behavior make them more likely to be exposed to
HIV mit the vi in
Cound.
include, am 1) chil
low n
living with 3) males wh x wi
ler_person: le wh
ject ersons who sell sexual services.
@) 4 refers to 1 places, includin,
limited to, community-based settings, where research
studi undertaken to further dev cal

evidence base for effective HIV programs.


Socwmryraanuneune

(6) Medical confidentiality refers to the relationship of trust.
and confidence created or existing between a patient
or a person living with HIV and his attending
physical, consulting medical specialist, nurse, medical
technologist and all other health workers or personnel
involved in any counseling, testing or professional
care of the former. It also applies to any person who,
in any official capacity, has acquired or may have

acquired such confidential information.

@) : istic fers_to illnes: b

HI, wh unaws we.

are_cont and_ enc

counseling, testing and other _prevention and

treatment services: ded, That when ossible,

confidentiality is maintained by not providing the

name of the ‘source,’ ‘index client,’ or ‘patient’ to

partners.



(0b) ‘Person Ling with HIV refers to any individual
whose-HE\test-indieatesdireetly_or_indireetly, that
he/sheis diagnosed to be infected with HIV.

(ce)'Pre-test counseling refers to the process of providing an
individual information on the biomedical aspects of
HIV/AIDS and emotional support to any
psychological implications of undergoing HIV testing
and the test result itself before he/she the individual

is subjected to the test.

(dd) ‘Post-test counseling refers to the process of
providing risk-reduction information and emotional
support to a person who submitted to HIV testing at

the time the result is released.

(ce)'Prophyladié refers to any agent or device used to

prevent the transmission of a disease.

(6 ‘Providerint : F
wider i :
n ing high-risk behavior or vul
HIV after conducting HIV_pre-test_counseling. A
person may elect to decline or defer testing such that
consent is conditional

[cos ractioe? refi i
havi 1 1 minim
the risk of HIV transmission. Safer sex practices include,
not limited i non-
enetrative sex, c \f 3

female condoms, and reducing the number of sexual
pattners.


(hh) ‘Sexually iransmitied diseases infections (STI)? cefer to
any-disease infections that may-be-aequired- or passed
are_sptead through the transfer of organisms from
‘one person to another as a result of sexual contact.

(i) ‘Sexual orientation’ vefers to a_person’s sexual | and
emotional attraction to, or intimate and sexual

ship with, indivic f different, the ir
both sexes.

Gi) ‘Social protection refers to a set of policies and

(mm) ‘Voluntary HIV testing refers to HIV testing done
on an individual who, after having undergone pre-test

counseling, willingly submits himself/herself to such
test.

10


1 Val mite? refers to communi
2 suffering from vuln ilities such as unequal
3 opportunities, social exclusion, poverty,
4 unemployment, and other similar social, economic,
5 cultural Litic onditions, makin; re
6 susceptible to HIV infection and to developing AIDS.
a |
8 (00) ‘Window periad refers to the period of time, usually
9 lasting from two (2) weeks to six (6) months during
10 which an infected individual will test ‘negative’ upon
ul HIV testing but can actually transmit the infection.
12
13
14
15
16
7
18

19 SECTION 4. There shall be incorporated two new provisions after Section 3 of
20 Republic Act No. 8504 otherwise known as the “Philippine AIDS Prevention and Control Act
21 of 1998” to read as follows:

22

23 “Section 3.4, HIV = hall
24 Promote and adopt a range _of _measures_and
Bs in ns, in with _civil

26 organizations, that aim to prevent, halt, or control the
27 sptead_of HIV, especially among key populations and
28 vulnerabl nities. Thes. all_ik

29 rom. ri fare, and participation of person:
30 living with HIV and the affected children, young people,
31 families and partners of persons living with HIV.”

32

33 “Section 3-B, Evidence-informed, gender sensitive, age-appropriate
34 and human rights-based preventive measures-—The HIV and


S$ prevention wall be based on up-to-date
evidence tific strate shall_be -age-
appropri
‘The State shall th actively promote (1) safer sex

practices, especially among key populations: (2) Safer
Practices that reduce risk of HIV infection; (3) access to
treatment; (4) consistent sexual abstinence and_sexual

fidelity; nsistent and correct condom use.”

Sowrd dH ke wKne

11 SECTION 5. There shall be incorporated a new provision before Section 4 of Republic
12 Act No. 8504 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”
13 to read as follows:

15 “Section 4A. HIV and AIDS education and information —

16 hall i i k

7 ila and_vul ymmunit HIV.

18 AIDS che h mit ns, wit

19 i" risky _behavi wering vuln.

20 a ing the hi rights of ing wit

21 HIV.”

22

23 SECTION 6. Section 4 of Republic Act No. 8504 otherwise known as the “Philippine
24 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:
25

26 “Section 4. HIV and AIDS education in schoolt-—Using
2 official_information and data from the Council, the
28 Department of Education (DepEd) Gulture-and-Sports,
29 the Commission on Higher Education (CHED), and the
30 Technical Education and Skills Development Authority
31 (TESDA), etitieing official information-provided-by-the
32 Bepartment-of Health, shall integrate basic _and_age-
33 appropriate instruction on the causes, modes of
34 transmission and ways of preventing the spread of HIV

12


and AIDS and other sexually transmitted diseases
infections in subjects taught in public and private schools
at intermediate grades, secondary and tertiary levels,

including non-formal and indigenous learning systems.

‘The learning modules _shall_include information on
treatment, care and support to promote stigma reduction.

‘The learning modules _that_shall_be developed _to

implement this Section shall be done in coordination with

the Council and stakeholders in the education sector.

Referral_mechanisms, including but not limited to, the



Sowrx2aHne one

i

13
14
1S
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

32
33

Department of Social _Welfare and Development
ISWD) Referral System, shall_be included in the

modules for ke ations and vulnerable communities.
All teachers and ins! i handle
learning modules shall be re minars Or
ings on HIV AIDS prevention that shall
supervised by L sh re
n with concemed agencies.

“Section 5. HIV and AIDS education as a right to bealth and
information wo-a-healt-rrie—HIIV and AIDS education
and information dissemination shall form part off the
delivery of health-services by health-preetitioners;workers
and—personnel 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 this 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.”

SECTION 7. Section 5 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

SECTION 8. Section 6 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:


“Section 6. HIV and AIDS education in the workplace —Al
govemment 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 attrhidetowardsinfected_-employeerand

coordination with the Council.”

“Section 7. HIV and AIDS education for Filipinos going
abroad —Fee-State In coordination with the Council, the
ent of Fi Affairs (DFA) and the DOLE

SECTION 9. Section 7 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is heceby amended to read as follows:


1 shall ensure that all overseas Filipino workers, and
including diplomatic, military, trade, labor officials, and
personnel and their families to be assigned overseas, shall
undergo of attend a seminar on the eauserprerentionand

2
3
4
5 consequenees-of HIV and AIDS and shall be provided
6 with information on how to access on-site HIV-related
Wi
8
9

services and facilities before certification for overseas
assignment Phe Deparment of Labor and Employment;

15 SECTION 10. Section 8 of Republic Act No. 8504 otherwise known as the “Philippine
16 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

18 “Seation 8. Information campaigns for tourists and transients —
19 Educational Informationataide-or materials on the cause,
20 modes of transmission, prevention, and consequences of
21 HIV infection and list of HIV counseling testing facilities
22 shall be adequately provided at all international and local
2B ports of entry and exit. The Department of Tourism
24 (DOD, the DBA, the-Departmentof fustiee through-the
25 and the Bureau of Immigration (BI), in collaboration
26 coordination with the Department-of Health Council and
27 stakeholders in the tourism industry, shall oversee lead
28 the implementation of this Aet Section.”

29

30 SECTION 11. Section 9 of Republic Act No. 8504 otherwise known as the “Philippine
31 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

32

33 “Section 9. HIV and AIDS education in communities —The

34 DILG. f Govern: if Mayors.

16


“ through HIV and AIDS Council or the

Local_Health Board in jon_with the
Council, local governments, enits;in-collaborstion-with
the—Department—of Health {DOH} shall ensure
implementation of a mul Vv IDs
response which includes, but is not limited to, the
conduct edveational-and-information of public awareness
campaigns on HIV and AIDS and shall educate local

ymmunitic vari vii a

ender-se1 ~ i

B.
8.

organizations-and-chureh-based groups For this purpose,
the LGUs are hereby authorized to utilize the Gender and
Development (GAD) Funds for HIV. AID:

education in communities.

In coordination with the DSWD, local governments shall
also conduct age-appropriate HIV and AIDS education
for out-of-school youths.”

read as follows:

in_coll n_with HIV AIDS civil soci
17 sl vi ling for HIV
and AIDS education prc such t n,

support groups, outreach activities and community-based

SECTION 12. There shall be incorporated a new section after Section 9 of Republic Act
‘No. 8504 otherwise known as the “Phikppine AIDS Prevention and Control Act of 1998” to


research. The Council shall likewise craft the guidelines
for peer education, support group and outreach activities
which may be undertaken in various settings including
laboratory-based activities.”

SECTION 13. Section 11 of Republic Act No. 8504 otherwise known as the “Phidppine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 11. Misinformation on HIV and AIDS as a probibited
act-—Misinformation on HIV and AIDS prevention-and
control through false and misleading advertising and
claims in_any of the trimedia or the promotional
marketing of drugs, devices, agents or procedures without
prior approval from the Department-of Health-and-the
Bureau-of Food-and-Drugs Council and the Food and
Drug Authority (EDA) and without the requisite medical
and scientific basis, including markings and indications in
drugs and devices or agents, purporting to be a cure or a
fail-safe prophylactic for HIV infection is-penishablewith

prohibited.”

SECTION 14. Article II of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” shall hereafter be entitled “Prevention, Safe

Practices and Procedures”.

SECTION 15. There shall be incorporated before Section 12 of Republic Act No. 8504
otherwise known as the “Philippine AIDS Prevention and Control Act of 1998” two new

provisions to read as follows:


eI Ahern e

in
12
13
14
15
16

18
19
20
21

2B
24
25
26
27
28
29
30
31
32
33

“Section 12-A. Positive Prevention —The DOH shall lead, in
coordination with the k ernment unit
ver ies, priv: ror, civil
‘organizations, ons living with in promoting
ventive s that sk Ss ive roles

of persons living with HIV. Such preventive measures

ihall cover, ns

(@) The creation of rights-based_and_community-led
vic ification a
encourage HIV tisk reduction behavior among
persons living with HIV;
(b) The lishment and enforcement of rights-l
mechanisms to encourage through partner counseling
newly tested HIV-positive individuals to conduct

sexual contact tracing and to promote HIV status
disclosure to sexual partners;

(© The establishment of _ standard precautionary
sures in public and private ili

(@ The accessibility of _ anti-retroviral treatment,
5 aes ;

(©) The mobilization of communities of persons living

living with HIV.”


“Section 12-B. Preventing mother-to-child HIV transmission. —
The DOH shall integrate a program to prevent mother-

child HIV transmission that shall be integrated in its

maternal and child health services.”

AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 12. Standard precaution requirement on the donation of

1

2

3

4

§

6 SECTION 16. Section 12 of Republic Act No. 8504 otherwise known as the “Philippine
7

8

9

0 blood, tissue, or oman-—The DOH shall establish guidelines

ul nation of bl rn
12 following:

13

14 Donation of tissue or organs, whether Nedaberatory-or
15 esetettton shed neeep a denen at teste or oni
16 whether sucks donation ie gratuitous or onerous, shall be
7 accepted by a laboratory or institution only after entess: a
18 sample from the donor has been tested negative for HIV.
19 All donated blood shall also be subject to HIV testing.
20 and HIV-positive blood shall be disposed of properly and
21 immediately. A second testing may be demanded as a
22 matter of right by the blood, tissue, or organ recipient or
23 his immediate relatives before transfusion or transplant,
24 except during emergency cases.

25

26 Protided“Fhrat Donations of blood, tissue or organ testing
27 positive for HIV may be accepted for research purposes
28 only, and shall_be subject to strict sanitary disposal
29 requirements.”

30

31 SECTION 17. Section 13 of Republic Act No. 8504 otherwise known as the “Phidppine
32 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:
33

20


“Section 13. Standard precaution gwidelines on surgical and ather
similar procedures —The DOH shall establish guidelines on
surgical and other similar procedures based on the
following:

‘The DOH, in consultation andin—coordination with
concerned professional organizations and _ hospital
associations, shall issue guidelines on precautions against
HIV transmission during surgical, dental, embalming,
tattooing or similar procedures. ‘Fhe DOH shalt Hkewise
isstie— guidelines onthe handling —and—disposition of
exdavers; body fitids or wastesof personsknownor
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
workers and similarly exposed personnel at all times.”

Article ILI (Testing, Screening and Counseling), and shall read as follows:

“Section 14, HIV counseling and HIV testing—The State
shall ensure -out HI ing. All HI’ ing facilit

shall. ir rovide free HI lin;
individuals who wish to avail _of HIV _ testing and

seling which _s} il nfident

implement this provision:

(@ The DOH shall accredit public and

testing facilities based on capacity to deliver testing
services including HIV ling. Only DOH-

accredited HIV testing facilities shall _be allowed to
conduct HIV testing.

|
SECTION 18. Section 14 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby repealed and removed from Article II
of the same Act. It shall be replaced with the following provision, which shall fall under

2


(©) The DOH shall _lead the development of” the
guidelines for the conduct of HIV counseling and
testing, inch 10 HIV counseling a
by testing facilities. The guidelines shall _ensure,
among others, that HIV testing is voluntary and

nfidential an Vv Jing is availabl

(©) The DOH shall accredit institutions or organizations
that train HIV and AIDS counselors.

(@ The_Council_shall_set_the standards for HIV
counseling and_shall_work closely with HIV and

T
AIDS civil society ot tions that train HIV) and

AIDS counselors and peer educators.”

SECTION 19. Stigma reduction and buman rights—The country's response to the
HIV and AIDS phenomena shall be anchored on the principles of human rights and
human dignity, and public health concerns shall be aligned with intemationally-
recognized human rights instruments and standards as provided in Sections 15, 16 and
17 of Republic Act No. 8504 otherwise known as the “Philppine AIDS Prevention and
Control Adt of 1998.”

SECTION 20. Section 15 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby repealed and replaced with the

following provision:

“Section 15. Voluntary HIV. testing —As a policy, the State
voluntary HIV ni

from. i ine

HIV . If the person is below fifteen (1

or is mentally incay nt sh:


1 obtained from the child’s parent ian,_or
2 whenever applicable, from the licensed social worker,
a licensed health service providers, or a DOH-accredited
4 he ice provider assigned to provide heal

5 to the child.

6

zi In keeping with the principle of ‘erwhing capacities of the
8 dbild HIV testing and i jlable
9 toa child who submit to HIV 1d counseling and
10 other rel i of the followin,
" conditions:

12

13 @ The child, who is fifteen (15) years but below
14 i i in mi
15 lis ra

16 services;

WW

18 (b) Reasonable efforts were undertaken to locate, provide
19 in nt of,

20 Parents, but the parents are absent or cannot be
21 i 1 otherwi

22

23 (© Proper counseling shall _be conducted by a
24 log worker, a hi

25 fa h fssi

26 ‘accredited facility.”

27

28 SECTION 21. Section 17 of Republic Act No. 8504 otherwise known as the “Philippine
29 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:
30

31 “Section 17, Baxeeptioms-to-the-probibition-on Compulsory HIV
32 testing —Compulsory HIV testing say shall be allowed
33 only in the following instances:

34

23


1 (@) When a person is charged with any of the erimes
2 offenses punishable under Article 264, and 266, a9
3 smended-by-Republie Act No- 8353; 335 and 338 of
4 Republie et Ne- 3615,otherwiseknownas_ the
5 ‘Ressed Penal Code’ as. amended by Republic Act No.
6 the ‘Anti-) 1997;
7 ortinder Republic et Nor 7659;

8
9 (©) When ‘The determination of the HIV status is

10 necessary to resolve relevant issues under Executive

ul Order No. 209, otherwise known as ‘Famiy Cade of the

12 Philippines! sed
B
4 © ‘To %hen comply ing with the provisions of Republic
Is Act No, 7170, otherwise known as the ‘Organ Donation
16 Ad |

7 |

18 @ To comply with the provisions of Republic Act No.

19 7719, otherwise known as the ‘National Blood Services

20 Ad and

2

2 (© Pre-surgical informed screening test as a precaution

2B against transmission of blood-bome infections.”

24

25 SECTION 22. Sections 22, 23, 24 and 25 of Republic Act No. 8504 otherwise known
26 as the “Philippine AIDS Prevention and Control Act of 1998” are hereby repealed and

27 replaced with the following provisions:

28

29 s IV and AID: — HH
30 hall ish_a roviK

31 i-retrovis ni indigents living

32 livin, HIV wh ni in th wi
33 shall_likewise establish or accredit _public_and_private
34 tment hi shall hav ithorit los


lines in clinical_mat t of le_ living

with HIV.”

“Section 23. Economic Empowerment and Support—Persons
living with HIV shall not be deprived of any employment,

livelihood, micro-finance, self-help, and cooperative
srograms by reason ir HIV status. The DOLE, and

the DSWD, in coordination wit ESDA and with
local government units, shall develop programs to ensure
economic empowerment and provide economic support
to persons living with HIV.”

“Section 24. Care and Support for Persons Living with HIV.
‘The DSWD shall develop care and support programs for
persons living with HIV, which shall include peer-led

inseli ni, well
in hi for e
Ts shall inch for ff

ve vorkers, af a itus

and/or stage in the migration process.”

SECTION 23. There shall be incorporated five (5) new provisions after Section 25 of
Republic Act No. 8504 otherwise known as the “Philippine AIDS Prevention and Control Act
9 1998” to read as follows:

25


edion 25.4, StigmaFree HIV and AIDS Senios-— "The
Council, in coos wit lic and te HIV and
AIDS service providers and civil ie o ations,
and in collaboration with the Department of Justice and
(DO) the Commission on Human Rights (CHR), shall

ensure the delivery of stigma-free HIV and AIDS sexy ices

by government _and_private HI AIDS. service

providers.” i

“Section 25-B. Testing of Organ Donation —Lawful consent
HIV testing of.

@ A.person volunteers or freely agrees to donate his or

(© A donation is executed in accordance with Section 4
of Republic Act No. 7170 otherwise known as_the
‘Organ Donation Act of 199%.”

zi 2 i Body Te -
A health care provider who offe natal medical

shall_make a_non-mandatory HIV_anti-body testing
available for pregnant women. The DOH shall provide
the ne \idelines_ for health« wic in_the

conduct of the screening procedure.”

“Section 25-D. Redress Mechanism. — The DOJ and CHR, in
consultation with persons living with HIV, shall take the

26


Or Aunr Yd e

lead in developing redress mechanisms for persons living
with HIV to ensure that their civil, political, economic
and social rights are protected.”

“Section 25-E. Immunity for HIV educators. Hcensed social

workers, health workers and other HIV and AIDS  senice
iders. Any person availing Vand AIDS si

1 involved in the provision of IDS services,

including peer educators, shall _be immune from suit,
tor secution, and _ from civil, TY

administrative liability, on the basis of their delivery of
+h _ services in Hi ve a tion to the

wheneve licable. The Di DIL

“Section 26. Health Insurancefor-persons—with HB —The
‘Scoretiny at Hels an —esepenition seth the
Commissioner of the fnstimnee-Gommreton-and-other
publieand private nsimnee agencies shalleondaet
study-on-the feavibiliqy nd —vichility of setting ape
prtckage—of insurance benefits and, should such—stidy:
oe

Philippine _N: Hi 1 at

il n in: kage for

persons living with HIV that shall include coverage for
in-patient and out-patient medical and diagnostic services,
including medication and treatment. Fhe-study-shall be
q 5
Pees ;

SECTION 24. Section 26 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

21


Philhealth shall enforce confi lity in the provision of

these packages to persons living with HIV.”

No person living with HIV shall be denied or deferred of
private health and life insurance coverage on the basis of
the person’s HIV status. The Insurance Commission shal ll
implement this provision and shall develop the necessary
policies to ensure compliance.”

SECTION 25. Section 27 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 27. HIV and AIDS monitoring and evaluation

‘AID SWATCH

‘The DOH shall_main hensive HIV
AIDS monitori vi hall serv
the following purposes:

(@ ¥e Determine and monitor the magnitude and
progression of HIV infeetioe and AIDS in the
Philippines to help the national response determine
and-for-the-purpose-of evalumting the adequacy and
efficacy of thecountermensures-being-employed HIV
prevention and treatment programs;

(b) Receive, collate, process and evaluate all HIV and

AIDS-rel ical_rey from _all itals,
clinics, laboratories and ni including
HIV-relat relevant data from public and
private hospitals, various databanks or information
‘systems: Pr ‘That it shall st a_codin, m

ensures anonymity and confidentiality; and


SECTION 26. Section 30 of Republic Act No. 8504 otherwise known as the “Philippine

(© Submit_an_annwal report to the Office of* the
President, Coi rs of the Coun:
findings of its monitoring and evaluation activities in
compliance with this mandate.” |

|
|

AIDS: Prevention and Contral Act of 1998” is repealed and replaced with the following

provision:

nfidentiali f who h
n tested for nh HI
nm 1 hy

-related illn
|
@) Confidential HIV and AIDS ote ulh.
vi ion 31 shall
lose, wi n
i nth

(1) Had an HIV-related test;

(2) Has_HIV_ infection, HIV-related illnesses, or
AIDS; or

(3) Has been exposed to HIV.

‘The prohibition shall apply to any person, natural ot
juridic hose _work nction_ inv the
implementation of this Act or the delivery of HIV-
related services, including those who handle or have
access to personal data _or information in the
workplace, and who, pursuant to the receipt of the
written consent from subject _of

idential HIV and ATDS_ information, have

29


subsequently been granted access tothe _ same

confidential information.

It shall_be unlawful for any editor, publisher, and
reporter or columnist in case of printed materials,

announcer or producer in case of television and radio

broadcasting, producer and director of films in ‘case

of the movie ins to disclose icture,
or any information that would reasonably identify any

n living with HIV. yr any confident:
HIV and AIDS information, without the prior written
consent ject:

ni Iwes,_con
the pr un
ther safer ermal le_ injecting
equipment, shall_not_be used to conduct raids or
similar police operations in sites and venues of HIV
prevention interventions. The DILG and DOH, in
ination with wus Dru al
establish a national policy to guarantee the
implementation of this Subsection. ”

SECTION 27. Section 31 of Republic Act No. 8504 otherwise known as the “Philippine


1
oy
8
4
5
6
7
8
9

AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 31. Exceptions to—the—mandate—of-confidenttality —
‘Medieat Confidential HIV and AIDS information may be
released by HIV testing facilities without written consent
on shali-not-be-considered-breached-in the following
‘eases grounds:

(@ When complying with reportorial requirements in

(b) When informing other health workers directly
involved oraboutte-beinvolved in the treatment or
care of a person living with HIV/A¥DS: Provided, that
such trestment—or—eare—enrry—the—tisk—of HEY
transmission: Provided: firtherFhat-stech worker shall
be obliged-to-maintain-the required to perform the
duty of shared medical confidentiality;

(© 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, after having been
verified for accuras ead of the office or
department, shall be properly sealed by its lawful
custodian, sfter-being-double-checked for aceurey by
the-hesd-of the office or department; hand delivered
to the court, and personally opened by the judge:
Provided, further, That the judicial proceedings be held

31


in executive session.”

1
2 %
3. SECTION 28. Section 32 of Republic Act No. 8504 otherwise known as the “Philippine

4 AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

5 |

6 “Section 32. Release of HIV and AEDS HV-related test

7 results —The Att result of any HIVAAHDS testing or HIV-

8 related testing shall be confidential-and-shall-be released

9
0

only to the folowing-persons-{a}-the person individual
who submitted himselffrervelf to the such-a test. If the

i Patient is a minor, an orphan, or is mentally incapacitated,
2 the result may be released to (6) either of the patients
13 parents, of minor ehild-whe-haebeen-testedy fe legal
14 guardian, or in-the-ease-of insane persons-or-orphansy{a)
1s person authorized —to—reeenre auch restate in
16 conjunction with the AIDSI-ATCH progeum-as-provided
17 ter Section 27 of this Aetror{e)A justice of the Court of
18 Appesls—orthe—Supreme—Court—as—provided under
19 subseetion-{e}-of this Act-and-in-seeordanee—withthe
20 provision—of Seetiont6-hereof a duly assigned social
21 , which licable.” |

23° SECTION 29. Section 34 of Republic Act No. 8504 otherwise known as the “Philippine
24 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:
25 !

26 “Section 34. Disclosure to sexual partners-—Any person who,
27 ter_havin, found to be infected with
28 HIV, is obliged strongly encouraged to disclose his/her
29 HEV—steess—and this health condition to his/her the
30 spouse or sexual partner prior to engaging in penetrative
31 sex_or tent sure_to HIV st-theeasliest
32 opportunetime. A person living with HIV m: 0
33 help from qualified professionals including medical
34 professionals, health workers, peer educators, or social

32


workers when disck he ition_to..one’s

ror ”

SECTION 30. There shall be incorporated a new provision before Section 35 of
Republic Act No. 8504 otherwise known as the “Philippine AIDS Prevention and Control: Act
0f 1998” to read as follows:

eIanneun a

“Section 35-A. Duty of employers, heads of government offices,
9 beads of public and private schools or training institutions, and local
10 chief executives. Ie shall be the duty of private employers,
any heads of government offices, heads of private and public
12 +hools or training institution icf
13 ‘over _all_privat lishments_within their
iv crit %
15 i ing_with HIV, ide for
16 re for th dl
7 f discrimination. lover,
18 ffice oF local chief executive shall:
19
20 @) Promulgate mules and regulations prescribing the
2 re for the investigation of discrimination
22 ni ministrative sanction: fi
23 H
24 (b) Create a permanent committee on the investigation of
25 iscrimination cases. The committee shall_con:
26 meetings to in m ? knowl
27 inderstanding of HIV and AIDS, and to prevent
28 incidents of discrimination. It shall also conduct the
29 administrative investigation of alleged cases _of
30 discrimination.”
31

32 SECTION 31. Section 35 of Republic Act No. 8504 otherwise known as the “Philippine

33 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:
34

33


1 “Section 35. Discrimination in the workplace —Diserminaton
2 in—any—form—from—pre-employmentto—employments
3 including The rejection of job application, termination of
4 employment, or other discriminatory policies in hiring,
5 ovision_of employment _and tre -d_benefits,
6 promotion or assignment of an_indivi olely_or
7 partially on the based-on basis of actual, perceived, or
8 suspected HIV status, of arrindvidual shall be prohibited
9 “Feemination from —awork—on—the tole basis of aetna:
10 petccived or stepected HEV states ideemed-untawefich”

12 SECTION 32. Section 36 of Republic Act No. 8504 otherwise known as the “Philippine
13 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:

15 “Section 36. Discrimination in schools:

16 institation-shall-refuse Refusal of admission, expulsion,
17 Segregation, imposition of harsher disciplinary actions, or
18 denial af or —expel—diveipline, segregate —deny
19 participation, benefits or services, to of a student or a
20 prospective student solely or partially on the basis of
21 his/her actual, perceived or suspected HIV status is
2 prohibited.”

23

24 SECTION 33. Section 37 of Republic Act No. 8504 otherwise known as the “Philppine
25 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:
26

27 “Section 37. Restriction on travel and habitation Restrictions
28 on travel within the Philippines, refusal of lawful en:

29 ‘Fhe-freedem-of abode; todging-and_trarel-of a-perton
30 sesh BEV ripe et
31 pee
32 deperted-frem Philippine territory, deportation from the
33 Philippines, or the quarantine or enforced isolation of
34 travelers solely or partially on account of hie#rer actual,


perceived or suspected HIV status is a discriminatory act
and is prohibited.
‘ictions on housir i Lely ally

the basis of iv is
” |

SECTION 34. Section 38 of Republic Act No. 8504 otherwise known as the “Phidppine

1

2

3

4

5

6 prohibited.’
1

8

9 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:
0

it “Section 38. Inhibition from public seréces—Prohibition on

12 the right to seek an elective or appointive public office
13 solely or partially on the basis of actual, perceived or
14 suspected shalt net-be-denied-to-a-person-with HIV status
15 is.a discriminatory act and shall be prohibited.”

16

17 SECTION 35. Section 39 of Republic Act No. 8504 otherwise known as the “Philippine
18 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:

20 “Section 39. Excclusion from credit and insurance services —
21 Exclusion _ftom alt-eredit-andtoan—serviees-ineluding
2 health, accident, ané or life insurance, credit and loan
2B ices, includin ion of such loan_or
24 insurance facilities, of an individual soley or partially shal
25 not-denied-to-epersom on the basis of hither a¢tua,
26 perceived, or suspected HIV status is prohibited: Provided,
27 ‘That the person living with HIV has not eoneesled-or
28 misrepresented the fact to the insurance company or loan
29 or ctedit service provider upon application. Extension
30 eS
31 tener beeen”

32

33 SECTION 36. Section 40 of Republic Act No. 8504 otherwise known as the “Philippine
34 AIDS Prevention and Control Act of 1998” shall be amended to read as follows:

35


SECTION 37. Section 41 of Republic Act No. 8504 otherwise known as the “Philippine

“Section 40. Discrimination in hospitals and health institutions —

Denial Ne-persen-shali-be-denied of health eare services,
or be charged with a higher fee, on aeeount the basis of

actual, perceived or suspected HIV staus is_a

discriminatory act and is prohibited.”

AIDS Prevention and Control Act of 1998” shall be amended to read as follows:

SECTION 38. Section 42 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” shall be repealed and replaced with the following

provision:

SECTION 39. Section 43 of Republic Act No. 8504 otherwise known as the “Philippine

“Section 41. Denial of burial serices—Denial_of burial
services for a deceased person who had HIV and AIDS
or who was known, suspected or perceived to be HIV
postsg steerer bedented any hand ot decent dure
services is a discriminatory act and shall be prohibited.”

« 42, Other similar ani iscrimit

acts shall be prohibited.”

AIDS Prevention and Control Act of 1998” is hereby amended to read as follows:

“Section 43. Establishment —The Philippine National AIDS
Council (PNAC) ereated-by-virtme-of Exceutive-Order
No-39-dated 3December1992-shall-be, hereinafter
referred to as the ‘Council’ reconstituted and
strengthened to—emable—the—Counet to—oversee—an
ihteytated and-comprchemte appre HE AHS
prevention-and-conteolin-the Philippines by virtue of
Section 43 of Republic Act No. 8504 otherwise known as



the “Phikppine AIDS Prevention and At of 1998.” is

hereby further ened to ensure the it tion
of the cor Ps re nse to the HIV demic.
‘The Council shall be the central policy- Jannin,
coordinating and advisory body for Philippine National
HIV and AIDS Program. It shall be an agency attached to
the Department of Health.
|

In_sit ions where a in national response hi

nntified, the Council or devel

jon required for i
agencies.”

SECTION 40. Section 44 of Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998” is hereby repealed and replaced with the

following provision:

|
“Section 44, Functions of the Council—The Council shal
form the foll ons:

(@) Devel National
(b) Ensure the operationalization and implemen nti of
the National HIV DS Pi

(© Coordinate with government agencies _that|_are

dated to implement. isi of As
@ Develop, enfor: x implementation of
the guidelines _a1 ic vic in Ag

including other policies that_may be necessary to
implement the National HIV and AIDS Program;

37


2 (© Monitor the progress of the epidemic;

5

4 (© Monitor the implementation of the National HIV and
5 AIDS Pr stake mid-term 2 nts

6 evaluate its impacts

7 |

8 @ si ll n o

9 ci vil i involved in
10 the implementati HIV D:
i livery of

12 related services;

13

14 (h) Organize itself to enhance the efficiency of the multi-
15 ney and mul ture; |

16 |

7 @ Mobilize domestic and intemational sources of fund
18 to finance the National HIV and AIDS Program:

19

20 @ Coordinate and cooperate with foreign and
2 international _organizati ling funding, data
22 collection, research, and_prevention and_treatment
23 modalities on HIV and AIDS; and

24

25 © Recommend policy reforms to Congress, DOH. and
26 other government agencies to strengthen the
27 in mic.”

28

29 SECTION 41. Section 45 of Republic Act No. 8504 otherwise known as the “Philippine
30 AIDS Prevention and Control Act of 1998” is amended to read as follows:
ad

32 “Section 45, Membership and Composition —
33

34 (@ The Council shall be composed of twenty-sie(26)

38


twenty-five (25) members as follows:

(1) ‘The Secretary of the Department of Health;

( The Secretary of the Department of Education;
Colnieeand Sportrontnrrepesentitive

(3) The Chairperson of the Commission on He
Education orhis- representative;

(4) The Director-General of the Technical Education
and Skills Development Authority r—his
ee

(5) The Secretary of the Department of Labor and
Employment orhis representative;

(© The Secretary of the Department of Social
Welfare and Development orhisrepresentatives

( The Secretary of the Department of the Interior
and Local Government orhisrepresentative;

(8) The Secretary of the Department of Justice emis
representative; |

(9) The Director-General of the National Economic
and Development Authority othis-representative;

(10) The Secretary of the Department of
‘Tourism orhis-representative;
(ut) ‘The Secretary of the Department of
Budget and Management or-his-representative;
(12) The Secretary of the Department of
Foreign Affairs orhis representative; i
(13) ‘The Head of the Philippine Information
Agency omhrrepresentitive;

(4) The President of the League of
Governors or hisrepresentative;

(15) ‘The President of the League of City
Mayors orhisrepresentatives

(16) Phe—-Chairperson—of the-Committee—on-
Health-of the-Senate—of the Philippines—or-his

39


representative A representative from the Civil
Service Commissic

(7) Fhe-Chairpersonof the -Committee on
Health of the House-of Representative of the
Philippines—or—his—tepresentative Two (2)
representatives from organizations of
medical /health professionals;

(18) Six (6) representatives from non-
government organizations involved in
HIV/AIDS prevention and control efforts or
activities; and

(19) ‘A representative of an organization of
persons dealing with HIV/AIDS.

(b) The_he vernm i |
n fi
cies with than!

(@ 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.

(© All members of the Council shall be appointed by the
President of the Republic of the Philippines exeept
for the representatives of the Senate-and the Howse

40


: . .
Senate Brevidentand the House Speaker respectively

(© ‘The members of the Council shall be appointed not
later than thirty (30) days after the date of the
enactment of this Act. |

@ he Secretary of Health shall be the permanent
Chairperson of the Council, However, the Vice-
Chairperson shall be elected by-its from among the
members from-among-themselves, and shall serve for
aterm of ewer five (5) years and.

(h) Por Members representing medical or health
professional groups and the six (6) non-government
‘organizations shall serve for a term of ewe-@} three
@ years, renewable upon recommendation off the

Council for a_maximum of two (2) consecutive

SECTION 42. Section 47 of Republic Act No. 8504 otherwise known as the “Philippine

AIDS. Prevention and Control Act of 1998” is hereby repealed and replaced with the

following provision:

“Section 47, tariat—The cil shall by
ret it af wil
technic yertise abil hall be confe

permanent appointments, subject to Civil Service rules
and regulations. The Secretariat shall be headed by an
Executive Director _who shall be under the direct
supervision of the Chairperson of the Council. :

‘he Secretariat shall perform the following functions:

41


eI An RYN

©

(@) Coordinate and 1¢ day-to-day affair of the

Council:

(b) Assist in the formulation, monitoring, and evaluation
ff the National HIV AIDS
policies;

(© Coordinate and support the efforts of the
and its members to mobilize resources:

@ Serve as the clearing house and repository of HIV
and AIDS-related information:

@ Disseminate uy relev d

comprehensive information about the epidemic to
Council members, policy makers, and the media;

(h) Provide administrative support to the Council: and
|
|

@ Perform other functions as may be provided by the
Council.’ ;

SECTION 43. There shall be incorporated two new provisions after Section 47 of
Republic Act No. 8504 otherwise known as the “Philippine AIDS Prevention and Control Act
of 1998” to read as follows:

“Section 47-A. National HIV and AIDS propram—A six.
year_national_multi-sectoral HIV_and AIDS program

42


eI Aha one

.erein: k. 1”) shall __be.
eriodically updated by il. The Pro, shall

comprise of the following:

(b) The prevention, treatment, care and support, and

other components of the country’s response;
(© The six year operationalization of the program and
:ntification ni
implement the program from the national to the local
Herelesaaed |
@ ft IL
inv n Wi

SECTION 44. Penalsic
violations of prohibited acts in Republic Act No. 8504 otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998,” as amended:

“The following penalties and sanctions shall be imposed for

@ Imprisonment for six months to five years and/or a fine of not less than fifty

43.


thousand pesos (PhP50,000.00) but not more than five hundred thousand pesos
(PhP500,000.00), in the discretion of the court, and without prejudice to the
imposition of administrative sanctions such as fines, suspension or revocation of
business permit, business license or accreditation, and professional license, shall be

imposed upon a person who committed a violation of the following provisions:

(1) Second paragraph of Section 26 of RA 8504,
(2) Section 17 of RA 8504,

3) Sections 35, 36, 37, 38, 39, 40, 41 and 42 of RA 8504, or
(A) Sections 30, 31 and 32 of RA 8504.

(b) Liability under Articles 19, 20 and 21 of the Gist! Code of the Philippines may be allowed
for a violation of any of the acts of discrimination as provided in Sections 35, 36, 36,

38, 39, 40, 41 and 42 of RA 8504. |

|
© Imprisonment for six months to five years and a fine of not less than one hundred

thousand pesos (PhP100,000.00) but not more than five hundred thousand pesos
(PhP500,000.00) for a violation of Section 25-F. of RA 8504: Proied, That if the
person violating the following provisions is a law enforcement agent or a public
official, administrative sanctions may be imposed in addition to imprisonment

and/or fine, in the discretion of the court.

(@ Imprisonment of two month to two years, without prejudice to the imposition of
administrative sanctions, fines, suspension ot revocation of professional or business
license, for a violation of Section 11 of RA 8504. t

© Imprisonment of one year to five years and a fine of not less than one hundred
thousand pesos (PhP100,000.00) but not more than five hundred thousand pesos
(PhP500,000.00) shall be imposed upon any person or law enforcement agent for
violation of Section 30-C of RA 8504: Provided, That law enforcement agents found
guilty of violating the said Section 30-C shall be removed from public service.

(Imprisonment of six years to twelve years, without prejudice to the imposition of

administrative sanctions such as fine, suspension or revocation of professional


Socwmrds,H»kRYoHKHE

i

12
13

14
15
16
7
18
19
20
21

22
23
24
25
26
27
28
29
30
31
32

license, shall be imposed upon a person who, knowingly or negligently, causes
another to get infected with HIV in the course of the practice of profession through

unsafe and unsanitary practice and procedures.

‘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 Sections 12 and 13 of RA 8504.

@ Imprisonment of six year to twelve years, upon a person living with HIV who, after

having been tested and found to be infected with HIV, knowingly causes a sexual
fected with HIV: Provided, That prior disclosure under Section 34 is a
valid defense: Provided, further, That prosecution under this Subsection shall be at the

partner to get i

instance of the private offended party and shall be prosecuted de officio: Provided, finally,
‘That prosecution under this Subsection shall not be used to defeat the rights of
person living with HIV against discrimination, |

Fines and penalties collected pursuant to this Section shall be deposited in the National

‘Treasury as income of the General Fund.

SECTION 45. Appropriations —The initial amount of at least twenty million pesos
(PhP20,000,000.00) necessary to implement the provisions of this Act shall be charged
aga
members of the Council, as enumerated in Section 45 of Republic Act No. 8504, in

t the current year’s appropriation for each of the agencies represented by the

amounts to be determined by the Council, taking into consideration the number of
representatives each agency has to the Council. For this purpose, each of the agencies
represented in Section 45 shall include in their annual budget an item for the
implementation of Republic Act No. 8504 and the implementation of the National HIV
and AIDS Program in Section 47-A.

‘The appropriations herein contained shall include budgets for the services of the
members of the Secretariat as provided in Section 47 of Republic Act No. 8504.

45


|
‘Thereafter, such sums as may be necessary for the continued implementation of this Act,

but not lower than the initial amount as provided herein, shall be included in the annual
General Appropriations Act.

SECTION 46. Implementing rules and regulations.—Within sixty (60) days from the
effectivity of this Act, the Council shall promulgate the necessary implementing rules and
regulations for the implementation of the provisions of this Act. |

|
SECTION 47. Transitory provisions—The personnel designated by the DOH as
Secretariat of the Council under Section 47 of Republic Act No. 8504 otherwise known
as the “Philippine AIDS Prevention and Control Act of 1998” shall be absorbed as permanent
personnel to fulfill the positions of the Secretariat as provided in this Act.

SECTION 48. Separability clause —If any portion or provision of this Act is, for any
reason, declared unconstitutional or invalid, the same shall not affect the constitutionality
and validity of the other portions or provisions or have the effect of nullifying the other
portions and provisions hereof, and such remaining portions or provisions shall subsist

and be given full force and effect.

SECTION 49. Repealing clawse—Republic Act No, 8504, othetwise known as the
“Philippine AIDS Prevention and Control Act of 1998,” is hereby amended.

Al decrees, executive orders, proclamations and administrative fegulations or parts
thereof, particularly in the Revised Penal Code (R.A. No. 3815), Anti-Rape Law of 1997
QA. No. 8353), Family Code of the Philippines (EO. No. 2119), National Blood
Services Act (R.A. No. 7719), and the Organ Donation Act of 1991 (R.A. No. 7170),
inconsistent with the provisions of this Act are hereby repealed, amended or modified

accordingly.

SECTION 50. Effectivity clause —This Act shall take effect fifteen (15) days after its
publication in any national paper of general circulation.

Approved,

46