FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA'1:j4 
S. No. __ '-,-=-_ 
; f 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The demand for organs, tissnes or parts has grown at a steadily increasing pace in the 
market. Human organ and tissue trading has become lucrative business, a source of easy but big 
profit. Many people are lured into selling their organs, tissues or parts with the promise of money 
as consideration. In the present set up, it is usually the poor and uneducated that are lured into 
selling their organs, tissues or parts for the benefit of rich recipients. 
Organ trade continues to rise at an alarming rate and has become an even bigger threat to 
society, especially the poor and vulnerable sectors. There is a need for greater institutionalized 
measures to protect the vulnerable, the poor and uneducated from being exploited into selling 
their organs, tissues or parts. These persons regularly end up even poorer than they were before 
they sold their kidneys and in addition, contracting illnesses like urinary tract infection and 
hypertension which are directly related to poor or absent medical care after the organ sale. It is 
imperative that a law be passed prohibiting and penalizing commercial dealings in human 
organs, tissues or parts to deter those who would prey on the vulnerabilities of others and entice 
them to sell the,jr organs, tissues or parts for consideration. The state should make it a policy to 
prohibit this .form of commodification and penalize those who would engage in the same. 
Commodification of human organs, tissues or parts has led to exploitation born out of 
social inequalities among the members of society. It is not only socially problematic but also 
morally repugnant. It is enshrined in the Philippine constitution that the dignity of persons must 
be respected and preserved at all cost. The commodification of the human body is an attack 
against human dignity. It is a policy under the Constitution for the state to protect and promote 
1 


the right to health ofthe people. Commercialization of human organs is an affront to this policy. 
Social justice also demands that the state protect those who are vulnerable to exploitation and 
abuse. 
According to the Department of Health (DOH), twenty (20) medical facilities in Metro 
Manila alone perfonn organ transplantation. 
Seven of these facilities were found to have 
violated a DOH Administrative Order mandating that only ten percent (10%) of organ 
transplantation should be for foreign recipients. 
According to the Philippine Society of 
Nephrology, there were four hundred (400) documented kidney transplants from local donors to 
foreign recipients between the years 2002 and 2005 or more than forty percent (40%) of total 
kidney transplants despite the ten percent (10%) limit on foreign beneficiaries. By 2007, the 
number of foreign recipients had reached five hundred twenty-eight (528) for that year alone, 
even more th~n· the number of Filipino recipients. Asia Time Online noted on June 5, 2008 that 
the DOH had reported eight (8) different facilities including a government hospital, (the National 
Kidney and Transplant Institute) which did not abide by the annual cap on transplants for foreign 
recipients. Protests from concerned medical professionals and the Department of Social Welfare 
and Development (DSWD) caught the attention of President Gloria Macapagal Arroyo and 
resulted in a Presidential Directive to the DOH to totally ban organ transplantation to foreigners 
in the Philippines in March of2008. 
Even with the ban on foreign recipients, commercialization of human organs has been 
going from bad to Worse. 
An article in Pinoy Ambisyoso Online dated December 15, 2008 
reported that organ sale is now facilitated in the internet. An article in the Philippine Star dated 
December 13, 2008 reported that human organs traffickers are already using online marketing, 
offering human organs to both local and foreign buyers. 
There is a need to establish a national body that would oversee the government action 
against commercialization of human organs, tissues or parts and formulate policies related to 
organ transplantation. Furthermore, we should also establish a committee that would formulate 
ethical guidelines and resolve ethical issues on organ transplantation. 
2 


This bill provides for criminalization of acts commercializing human organs, tissues or parts and 
establishing a Philippine Board of Organ Donation and Transplantation and a National 
Transplant and Ethics Committee. 1 
I This bill was originally filed during the Fourteenth Congress, Second Regular Session. 
3 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA'W 
s. No. 
~4 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROHIBITING THE COMMERCIALIZATION OF HUMAN ORGANS, TISSUES OR 
3 
PARTS OF LIVING PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND 
4 
EST4BLISHING A PHILIPPINE BOARD OF ORGAN DONATION AND 
5 
TRANSPLANT A TION AND ANA TIONAL TRANSPLANT AND ETHICS COMMITTEE 
6 
7 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
8 
Congress assembled: 
9 
SEC. 1. Title. - This Act shall be known as the "Anti-Commercialization of Human 
10 
Organs, Tissues or Parts of Living Persons Act". 
11 
SEC. 2. Declaration of Policy. - The State values the dignity of every human person and 
12 
guarantees the respect of human dignity. The State protects and promotes the right to health of 
13 
the people. It recognizes the need to prevent commercial trade and trafficking in human organs 
14 
and tissues of living persons and gives highest priority to the enactment of measures and 
15 
development of programs, projects and policies that will promote human dignity and the health 
16 
of the people, protect them from any threat of violence and exploitation, and prevent and 
17 
eliminate commercial trade and trafficking in human organs, tissues or parts. 
18 
The State recognizes the inherent human dignity of persons as enshrined in the United 
19 
Nations Universal Declaration on Human Rights and is a state party to the United Nations 
20 
Convention against Transnational Organized Crime Including its Protocol to Prevent, Suppress 
21 
and Punish Trafficking in Persons, Especially Women and Children. 
22 
SEC. 3. Definition of Terms. - As used in this Act: 
1 


1 
a) Advertisement - includes any fonn of advertising or the promotion of goods, services or 
2 
ideas through paid or unpaid announcements in print, broadcast or electronic media 
3 
whether to the public generally or (0 any section of the public or individually (0 selected 
4 
persons for the purpose of promoting commercial dealings in human organs, tissues or 
5 
parts. 
6 
b) Commercial Dealings - refers to: (1) the sale, barter, or any transaction of human organs, 
7 
tissues or parts which involves consideration in whatever fonn; (2) any transaction 
8 
involving the trafficking of persons for the purpose of sale of human organs, tissues or 
9 
parts through whatever means; and, (3) acting as a broker or participating in any way for 
10 
such transactions for any consideration in violation of this Act; Provided, that (he parties 
11 
are not legally married or genetically related up to the fourth (4th) degree of 
12 
consanguinity. 
13 
c) Hospital - a facility devoted primarily to the diagnosis, treatment and care of individuals 
14 
suffering from illness, disease, injury or defonnity, or in need of surgical, obstetrical or 
15 
other medical and nursing care. It shall also be construed as any institution, building or 
16 
place where (here are facilities and personnel for the aforementioned purposes. It includes 
17 
but is not limited to a nursing home, clinic, medical center, medical teaching institution 
18 
and other similar institutions. 
19 
d) Human organ - includes, but is not limited to human kidney, liver, heart, lung, pancreas, 
20 
cornea, skin or any other human organ or part or any nonrenewable or nonregenerative 
21 
tissue. 
22 
e) Organ/Tissue Bank or Storage Facility - a facility licensed, accredited or approved under 
23 
(he law for storage of human bodies, organs or parts thereof. 
24 
f) Medical Practitioner - refers to any physician, dentist, nurse, phannacist or paramedical 
25 
or other supporting personnel (including medical and dental technicians, nursing 
26 
assistants, and therapists); 
2 


1 
g) Allowable Reimbursement - refers to the reasonable costs incurred by a donor associated 
2 
with the legal removal, storage, transportation, and transplantation of a human organ, 
3 
tissue or part, or the expenses of travel, housing, and lost wages, medical expenses and 
4 
insurance ofthe donor for death or complications that arise from the donation. 
5 
h) Organ Provider - refers to the person from whom the Organ/Tissue is taken. 
6 
SEC; 4. Prohibited Acts - It shall be unlawful for any person, natural or juridical, to 
7 
commit any of the following acts: 
8 
a) To adveliise or cause to be advertised in any manner, whether formally or informally 
9 
through print, broadcast or electronic media including the internet an offer to sell, barter 
10 
or transact in human organs, tissues or parts or an offer to acquire, buy or receive human 
11 
organs, tissues or parts for consideration in whatever form or any material that promotes 
12 
commercial dealings in human organs, tissues or parts; 
13 
b) To recruit, transport, transfer, harbor, provide, or maintain a person by any means, for the 
14 
sale, barter, or any transaction of human organs, tissues or parts which involves 
15 
consideration in whatever form; 
16 
c) To offer consideration in money, kind or services for the purpose of acquiring, buying, 
17 
offering, selling, or trading human organs, tissues or parts; 
18 
d) To act as a facilitator, middleman, broker or play other or similar roles in the sale, barter 
19 
or other transaction of human organs, tissues or parts for consideration in whatever form; 
20 
e) To engage in the trade, sale, barter or other transaction of human organs, tissues or parts 
21 
for consideration in whatever form; 
22 
f) To store or handle human organs, tissues or parts that have been acquired or transferred 
23 
or sold for consideration in whatever form; 
24 
g) To deliver, transport, transfer or distribute human organs, tissues or parts that have been 
25 
acquired or transferred or sold for consideration in whatever form; 
3 


1 
h) To remove or transplant human organs, tissues or parts that have been acquired or 
2 
transferred or sold for consideration in whatever form; 
3 
i) To offer to supply human organs, tissues or parts for consideration or initiate or negotiate 
4 
any arrangement for the supply thereof or for an offer to supply human organs, tissues or 
5 
parts; 
6 
j) To recruit or invite persons to supply human organs, tissues or parts for consideration; 
7 
k) To make or receive payment for the supply of or for an offer to supply human organs, 
8 
tissues or parts. 
9 
SEC. 5. Acts that Promote or Facilitate Commercialization of Human Organs, Tissues or 
10 
Parts. - The following acts which promote or facilitate commercialization of human organs, 
11 
tissues or parts shall be unlawful: 
12 
a) To lease or sublease, use or allow to be used any house, building or establishment for the 
l3 
purp,ose of promoting commercial dealings in human organs, tissues or parIs; 
14 
b) To produce, print, issue or distribute publications which include advertisements of the 
15 
sale, barter, or other transactions on hnman organs, tissues or parts for consideration in 
16 
whatever form; 
17 
c) To maintain a data bank of prospective commercial donors. The Philippine Board of 
18 
Organ Donation and Transplantation established under this Act shall promulgate rules to 
19 
provide for proper authorization of data bank of prospective donors. 
20 
SEC. 6. Qualified Commercialization of Human Organs or Tissues. - If any acts under 
21 
Section 4 and 5 are committed under the following circumstances, the crime committed shall be 
22 
qualified commercialization of human organs or tissues: 
23 
a) When the crime is committed by a syndicate, or in large scale. Commercial dealing in 
24 
human organs, tissues or pmis is deemed committed by a syndicate if carried out by a 
25 
group of three (3) or more persons conspiring or confederating with one another. It is 
4 


1 
deemed committed in large scale if committed against three (3) or more persons, 
2 
individually or as a group; 
, 
3 
b) When the offense is committed by a medical practitioner, public officer or employee or a 
4 
law enforcer or mem ber 0 f the mili tary; 
5 
c) When the crime is committed by a corporation, association, group or other juridical 
6 
persons whether or not registered with the Securities and Exchange Commission (SEC); 
7 
d) When the organ provider is a minor or is already of age but unable to fully take care of 
8 
himself or protect himself from abuse, neglect, cruelty, exploitation or discrimination 
9 
because of a physical or mental disability or economic vulnerability; 
1 0 
e) When the organ provider was forced to enter into the commercial dealing of his/her 
11 
organs, tissues or parts by force, violence, intimidation, threat, fraudulent machinations, 
12 
grave abuse of authority or other similar means which vitiate free will and consent; and, 
13 
f) When the organ provider suffers severe complications as a result of organ removal or 
14 
died as a consequence thereof. 
15 
g) When the tissue/organ is transported, or when there is attempt to transfer the tissue/organ 
16 
outside Philippine territory. 
17 
SEC. 7. Presumptions. - Any of the following circumstance shall be considered prima 
18 
facie evidence of commercialization of organs and tissues ofliving person: 
19 
a) 
When'the money or value of the thing or object given to the donor far exceeds the costs 
20 
of all<;>wable reimbursement that may be received by the donor; and, 
21 
b) When the recipient of the organ or tissue is a foreign national not related to the donor up 
22 
to the fourth (4th) degree of consanguinity. 
5 


SEC. 8. 
Custody. - When necessary, the organ provider may be placed under the 
2 
protective custody of the Deparlment of Social Welfare and Development pursuant to its 
3 
mandate under Executive Order No. 292. 
4 
SEC. 9. hnmunity from Criminal Prosecution - The State Proseculor may exempt from 
5 
prosecution any person who has personal knowledge of the commission of any of the offenses 
6 
penalized under the Act and who voluntarily gives material information relative thereto and 
7 
willingly testifies against the offender for the offense with reference to which his information 
8 
and testimony were given, subject to the relevant provisions under the Rules of Court on 
9 
discharge of accused to be state witness. 
10 
SEC. 10. Extraterritorial Protection. - An organ provider or a prospective organ provider 
11 
who is a Filipino national and allowed the removal of hislher organs, tissues or parts for 
12 
consideration outside the territorial jurisdiction of the Philippines shall be entitled to protection 
13 
from the state through the Department of Foreign Affairs (DFA) and its agents, which protection 
14 
shall include but is not limited to the following; medical assistance, legal assistance, 
15 
psychosocial services, rehabilitative services and repatriation of victims. 
16 
The DF A shall monitor cases of Filipino nationals outside of the Philippines who were 
17 
victimized by commercial dealings in organs, tissues or parts and coordinate with different 
18 
governmental agencies, non-governmental organizations and other support groups to combat 
19 
commercialization of organs, tissues or parts of Filipino nationals outside of the Philippines. 
20 
SEC. 11. Penalties and Sanctions. - The following penalties and sanctions are hereby 
21 
established for the offenses enumerated in the Act: 
22 
a) Any person found guilty of committing any of the acts enumerated in Section 4 shall 
23 
suffer the penalty of reclusion temporal and a fine of not less than One million pesos 
24 
(Php 1,000,000.00) but not more than Two million pesos (Php 2,000,000.00); 
25 
b) Any person found guilty of committing any of the acts enumerated in Section 5 shall 
26 
suffer the penalty of prision mayor and a fine of not less than Five hundred thousand 
6 


pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00), except 
2 
that an organ provider found guilty of committing the Acts provided under Section 5, 
3 
paragraphs hand k shall suffer the penalty of arresto mayor and a fine of not less than 
4 
One thousand pesos (Php 1,000.00) but not more than Five thousand pesos (Php 
5 
5,000.00) 
6 
c) Any person found guilty of qualified commercial dealing in human organs or tissues 
7 
under the circumstances provided in Section 6 shall suffer the penalty of reclusion 
8 
perpertua and a fine of not less than Two miIIion pesos (Php 2,000,000.00) but not more 
9 
than Five million pesos (Php 5,000,000.00); 
10 
d) If the offender is a corporation, partnership, association, club, establishment or any 
11 
juridical person, the penalty shall be imposed upon the owner, president, partner, 
12 
manager, or any responsible officer who participated in the commission of the crime or 
13 
who shall have knowingly pennitted or failed to prevent its commission; 
14 
e) The registration with the Securities and Exchange Commission (SEC) and license to 
15 
operate of the erring corporation, association, or group shall be cancelled and revoked 
16 
permanently. The owner, president, partner or manager thereof shall not be allowed to 
17 
operate similar establishments under a different name; 
18 
f) If the 'Offender is a hospital, clinic or other similar licensed medical institution, the 
19 
pen\llty shall be imposed upon its owner, president, director, members of the board, 
20 
officials and doctors and/or other members of the medical, nursing and allied staff with 
21 
knowledge of the illegal acts and participates therein; 
22 
g) The license of the hospital, clinic or medical institution with the Department of Health 
23 
and other regulatory institutions shall be cancelled and revoked permanently and the 
24 
license to practice of medical, nursing and a11ied professionals found guilty of the illegal 
25 
acts shall be cancelled and revoked permanently; 
7 


1 
h) If the offender is a foreigner, he shall be immediately deported after serving his sentence 
2 
and be barred permanently from re-entering the country; 
3 
i) Any employee or official of government agencies who shall commit the prohibited acts 
4 
enumerated under Section 4 and Section 5 shall be held administratively liable, without 
5 
prejudice to criminal liability under this Act. The concerned government official or 
6 
employee shall, upon conviction, be dismissed from the service and be barred 
7 
permanently to hold public office. His/her retirement and other benefits shall likewise be 
8 
forfeited. 
9 
SEC. 12. Prescriptive Period. - Commercialization in human organs, tissues or parts 
10 
cases under this Act shall prescribe in ten (10) years; provided however, that cases committed 
11 
under the circumstances provided in Section 6 ofthis Act shall prescribe in twenty (20) years. 
12 
SEC. 13. Confiscation and Forfeiture of the Proceeds and Instruments Derived from 
13 
Commercial Dealings in Human Organs and Tissues. - In addition to the penalty imposed for the 
14 
violation of this Act, the court shall order the confiscation and forfeiture, in favor of the 
15 
government, of all the proceeds and properties derived from the commission of the crime, unless 
16 
they are the property of a third person not liable for the unlawful act: Provided, however, that all 
17 
awards for damages shall be taken from the personal and separate properties of the offender: 
18 
Provided, further, that if such properties are insufficient, the balance shall be taken from the 
19 
confiscated and forfeited properties. 
20 
When the proceeds, properties and instruments of the offense have been destroyed, 
21 
diminished in value or otherwise rendered worthless by any act or omission, directly or 
22 
indirectly, of the offender, or have been concealed, removed, converted or transferred to prevent 
23 
the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to 
24 
pay the amount equal to the value of the proceeds, property or instruments of the offense. 
25 
SEC. 14. Duty of Hospitals and Organ/Tissue Bank Storage Facility. - It shall be the 
26 
duty of all ho§pitals to ensure that all removal and transplantation of human organs, tissues or 
27 
parts do not contravene the provisions of this Act and to report to the proper authorities any 
8 


I 
contravention ofthis Act. Likewise, it shall be the duty of Organ/Tissue Bank Storage Facility to 
2 
ensure that all organs, tissues or parts stored in the facility were not acquired or received for 
3 
consideration in whatever fonn in contravention ofthis Act and to report to the proper authorities 
4 
any contravention of this Act. 
5 
All hospitals and medical institutions shall create a Hospital Ethics Committee whose 
6 
purpose is to improve health care delivery and outcomes by helping to identify, analyze and 
7 
resolve ethical dilemmas as they emerge predominantly through consultation, education and 
8 
policy development. The Ethics Committee shall make recommendations in detennining the 
9 
ethical principles and policies on organs, tissues or parts transplantation in order to prevent and 
10 
suppress commercialization in human organs, tissues or parts in their hospitals or institutions, 
11 
provided that these are in confonnity with national ethical standards and policies. 
12 
All hospitals, medical institutions, organ or tissue bank storage facility shall record all 
13 
organs, tissues or parts retrieved, the source of the donation, the purpose for the donation, the 
14 
names, address and contact numbers of the persons concemed including but not limited to the 
15 
surgeon, donor and recipient, the date of the donation, storage, removal or transplant of the 
16 
organs, tissues.. or parts and other relevant infonnation necessary and make a detennination that 
17 
the organs,. tissues or parts is not a product of commercialization. The records and documents 
18 
containing such infonnation shall be made available and transparent to the pUblic. 
19 
All hospitals, medical institutions, organ or tissue bank storage facility shall submit 
20 
periodic reports which shall include relevant records and documents to the Philippine Board for 
21 
Organ Donation and Transplantation as defined under section 18 on their compliance with the 
22 
provisions of this Act 
23 
SEC. 15. Philippine Board for Organ Donation and Transplantation (PBODT). - There is 
24 
hereby established a Philippine Board for Organ Donation and Transplantation which shall 
25 
formulate and oversee the implementation of policies related to organ transplantation. It shall 
26 
have the following functions: 
9 


1 
a) Formulate, review and approve policies in support of a rational, ethical, accessible and 
2 
equitable organ transplantation program in the country; 
3 
b) Set up a system of accreditation of transplant facilities and approve the issuance of a 
4 
Certificate of Accreditation of trans pi ant facilities. 
5 
c) Set the' guidelines and overall monitoring and evaluation framework and ensure the 
6 
prop~r implementation of this Act; 
7 
d) Require the submission of reports from government and non-government agencIes 
8 
concerned with the conduct of programs, projects and policies relating to the 
9 
implementation of this Act; 
1 0 
e) Submit periodic reports to the President of the Philippines and Congress on the 
11 
implementation of the provisions ofthis Act; 
12 
f) Determine inherent weaknesses in the law and its implementation and recommend the 
13 
necessary remedial legislation or executive measures; and 
14 
g) Perform such other duties, functions and responsibilities as may be necessary to 
15 
effectively attain the objectives of this Act. 
16 
SEC. 16. Composition of the Board. - The Philippine Board for Organ Donation and 
17 
Transplantation shall be composed of the following: 
18 
a) The Secretary of Health as Chairperson; 
19 
b) The Secretary of Social Welfare and Development as Chairperson; and, 
20 
The following as Members: 
21 
a) The Chief Executive Officer of the Philippine Health Insurance Corporation or his 
22 
representative; 
10 


I 
b) Representative from a government transplant facility on a rotational basis and for a term 
2 
oftwo (2) years, to be appointed jointly by the chairpersons; 
3 
c) Representative from a private transplant facility, on a rotational basis and for a term of 
4 
two (2) years, to be appointed jointly by the chairpersons; 
5 
d) The President of the Philippine Society of Nephrology; 
6 
e) The President of the Philippine Society of Transplant Surgeons; 
7 
f) Representative from a Non-Government Organization engaged in health care advocacy, 
8 
on a rotational basis and for a term of two (2) years, to be appointed jointly by the 
9 
chairpersons; 
109) Expert on bioethics, on a rotational basis and for a term of two (2) years, to be appointed 
II 
jointly by the chairpersons; 
12 
SEC. 17. National Transplant Ethics Committee. - There is hereby established a National 
13 
Transplant Ethics Committee which shall formulate national ethical standards or guidelines on 
14 
organ donation and transplantation for the approval of the Philippine Board for Organ Donation 
15 
and Transplantation and shall assist the Board in the resolution of ethical issues and in the 
16 
monitoring of transplant facilities to ensure compliance with ethical standards or guidelines. It 
17 
shall also perform such other duties, functions and responsibilities assigned by the PBDOT as 
18 
may be necessary to effectively attain the objective of this Act. 
19 
SEC. 18. Composition. - The National Transplant Ethics Committee shall be appointed 
20 
by the PBODT and shall be composed of the following: 
21 
a) One representative from transplant hospitals, on a rotational basis and for a term of 
22 
two (2) years; 
23 
b) One representative from non-transplant hospitals, on a rotational basis and for a term 
24 
of two (2) years; 
II 


1 
c) A representative from the Department of Health; 
2 
d) A representative from the Department of Social Welfare and Development; and, 
3 
e) Three (3) experts on bioethics, on a rotational basis and for a term of two (2) years in 
4 
consultation with the academe, Non-Government Organizations or faith-based 
5 
organization. 
6 
The members ofthe Committee shall designate their Chairman by a majority vote. 
7 
Sec. 19. Honoraria or Emoluments. - The Members of the PBODT or their designated 
8 
permanent representatives shall receive honoraria or emoluments as may be determined by the 
9 
Board in accordance with existing budget and generally accepted accounting rules and 
10 
regulations. In the same manner, the Members of the National Transplant Ethics Committee 
11 
shall receive honoraria or emoluments. 
12 
SEC. 20. Adoption of Board Rules and Regulations. - In aid of its oversight functions, 
13 
the Philippine Board for Organ Donation and Transplantation shall adopt its internal rules of 
14 
procedure, conduct investigations and receive testimonies, reports, and technical advice, invite or 
15 
summon any public official, private citizen, or any other person to appear before it, or require 
16 
any person to produce documents or other materials as it may need consistent with the provisions 
17 
of this Act. 
18 
The Philippine Board for Organ Donation and Transplantation shall be assisted by a 
19 
secretariat to be composed of personnel that may be seconded from the Departments involved. 
20 
The PBODT m'ay retain consultants and other employees. 
21 
In the same manner, the members of the National Transplant Ethics Committee shall 
22 
adopt its rules of procedure and shall be assisted by a Secretariat. 
23 
SEC. 21. Programs against Commercialization of Human Organs, Tissues or Parts. -
24 
There shall be a comprehensive program to be formulated by the Philippine Board for Organ 
25 
Donation and Transplantation in coordination with other government agencies and private sector 
12 


I 
concerned, within one (I) year from the effectivity of this Act, to prevent commercialization of 
2 
human organs, tissues or parts of living persons for consideration in whatever form. Within the 
3 
same period, the PBODT shall also establish a comprehensive program for deceased organs, 
4 
tissues or parts donation. The program for deceased organs, tissues or parts donation shall be 
5 
without prejudice to living donation of organ, tissue and part, provided that this is done without 
6 
consideration of whatever means in violation of this Act. 
7 
The Board shall initiate and sustain an intensified nationwide public education campaign 
8 
to raise the level of public awareness on commercialization of organs, tissues or parts of living 
9 
persons and organ trafficking and to promote deceased organs, tissues or parts donation. 
10. 
SEC. 22. Appropriation - Congress shall appropriate the amount of Fifty Million Pesos 
II 
(Php 50.,0.0.0.,0.0.0.) for the initial implementation of this Act. Out of the total amount, Twenty 
12 
Four Million Pesos (Php 24,0.0.0.,0.0.0.) shall be allocated for advocacy and promotion of deceased 
13 
organs, tissues or parts donation and the initial implementation of the Comprehensive Program 
14 
for Deceased Organs, tissues or parts Donation, Twenty Four Million Pesos (Php 24,0.0.0.,0.0.0.) 
15 
shall be allocated for the initial formulation and implementation of the Comprehensive Program 
16 
Against Commercialization of Human Organs, tissues or parts, and Two Million Pesos (Php 
17 
2,0.0.0.,0.0.0.) shall be allocated for administrative expenses incidental to the implementation of the 
18 
aforementioned Programs. 
19 
After the initial implementation of this Act, the amount necessary to carry out the 
20. 
Program is hereby authorized to be appropriated under the regular budget of the Department of 
21 
Health. 
22 
SEC. 23. Implementing Rules and Regulations. - The Philippine Board for Organ 
23 
Donation and Transplantation shall convene within three months from the effectivity of this Act 
24 
and promulgate the necessary implementing rules and regulations within six (6) months 
25 
thereafter. 
13 


1 
SEC. 24. Separability Clause. - If for any reason any section or provision of this Act is 
2 
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected 
3 
thereby. 
4 
SEC. 25. Repealing Clause. - All laws, presidential decrees, executive orders and rules 
5 
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed 
6 
or modified accordingly. 
7 
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days from the date of its 
8 
publication in at least two (2) newspapers of general circulation. 
9 
Approved, 
lapm0518!O 
14