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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo,__ 3111

Introduced by Representative Kaka J. Bag-20

EXPLANATORY NOTE

Thirty years into the HIV pandemic, the Philippines found itself facing a growing HIV
incidence. Previously a ‘low and slow’ country, the HIV incidence in the Philippines has
grown rapidly beginning mid-2000s. Prior to 2007, the HIV incidence in the country was
one new HIV infection a day. However, it has dramatically increased to one new HIV
infection every two hours in 2013, or 12 Filipinos getting infected every day. The World
AIDS Report showed that the Philippines is one of the nine countries—among the 186
reporting countries—where HIV infection is highest and continue to increase rapidly,
There are already 14,025 reported HIV cases in the country from 1984 to 2013,
Government epidemiologists have warned that by 2015, unless appropriate policy
actions are being done, the total number of HIV cases in the Philippines could reach
45,000.

Ironically, domestic and international HIV experts have not been sparse in warning the
country that it has all the necessary ingredients for an HIV epidemic: condom use is low
among Filipinos, and among key populations, sexually transmitted infections and
multiple sexual partnerships are common.

Yet the response to the epidemic has been marked with complacency, lack of political
leadership, and the reckless disregard of evidence-informed strategies and approaches
that could curb and halt the spread of the virus. Modest targets for HIV and HIV-related
services have not been met, and public spending on HIV prevention, treatment, care
and support has actually dwindled P81 million in 2009 to P65 million in 2011 despite
the alarming growth in HIV incidence.


Moreover, the governance structure designated to spearhead the HIV response is
saddled with bureaucratic confusion and uneven political commitments. Every five
years, thru the collaborative efforts of various government agencies and civil society
groups, the country adopts an HIV and AIDS Medium-Term Plan, a national roadmap on
HIV and AIDS, but the implementation of this strategic plan is impeded by recalcitrant
implementing agencies and lack of support from the national government.

Through the MDGs and other international development instruments, the Philippine
government has consistently committed to reduce HIV infection, and while it has made
progress in other development indicators, it floundered and extraordinarily floundered
in achieving its commitments on HIV. Government officials take false comfort from the
fact the HIV epidemic has not reached the general population, but various indicators
show that if nothing is done immediately, it would just be a matter of time.

The emerging situation also highlights the inadequacy of the existing legal framework in
addressing the HIV epidemic, The HIV and AIDS Prevention and Control Act (Republic
‘Act No. 8504), which was enacted in 1998, was once hailed as a model legislation, but
clearly the spread of HIV is outpacing the 14-year old law. The preventive interventions
that it prescribes are no longer fully aligned with what years of experience and evidence
on HIV prevention recommend, Its human rights language is strong, and yet it lacks
enabling mechanisms to enforce its human rights provisions.

It has also failed to provide clarity on the continuing confusion around the structure
governing the country’s HIV response. The limitations of its prevention interventions
notwithstanding, its failure to articulate clearly how government agencies should
operate to respond to the global pandemic has compounded the problem. Lastly, the
HIV and AIDS legal framework now conflicts with laws recently enacted, thus restricting
actions that are crucial to halt the spread of the epidemic.

Reforming the legal framework on HIV and AIDS is important at this juncture. This
proposed measure seeks to introduce the following reforms:

1. The restructuring of the legal framework on HIV and AIDS by harmonizing it with
evidence-informed strategies and approaches on prevention, treatment, care and
support, making the HIV response flexible and relevant to the characteristic of the
HIV epidemic facing the country;

2. The clarification of the roles and responsibilities of state institutions involved in the
HIV and AIDS response, from government agencies to local governments, thus
ensuring the effectiveness and efficiency of the structure governing the response;

3. The establishment of the National HIV and AIDS Plan, thus creating a road map on
HIV and AIDS that has clear strategies, targets, operationalization framework, and
funding;


4. The strengthening of the stigma reduction mechanisms of the law, which guarantees
that the country’s HIV and AIDS response is premised on the respect, recognition and
promotion of human dignity.

The alarming increase in HIV infection in the Philippines requires immediate action from
various State institutions, including Congress, which must address the gaps in the
existing HIV and AIDS law. This proposed bill almost became a law during the 15"
Congress after the House of Representatives approved on third and final reading House
Bill 6751, but unfortunately, did not reach the final stage. Hence, the prompt passage
of this bill is earnestly sought.

Adopted,

(CY
; a0
Lh cena as Lone District of Dinagat Islands


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

SIXTEENTH CONGRESS
First Regular Session

4
HOUSE BILL No. 31il

Introduced by Kaka J. Bag-ao

“AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND AIDS
PREVENTION, TREATMENT, CARE AND SUPPORT AND ESTABLISHING THE
PHILIPPINE NATIONAL HIV AND AIDS PROGRAM, REVISING 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 “The Revised Philippine HIV
and AIDS Policy and Program Act of 2013.”

SEC. 2. Declaration of Policies. - The Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (HIV and AIDS) are public health concerns that have wide-
ranging social, political, and economic repercussions. Responding to the HIV and AIDS
epidemic is therefore imbued with public interest, and accordingly, the State shall

a. 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.

b. 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.

c. Remove all barriers to HIV and AIDS-related services by eliminating the climate of
stigma that surrounds the epidemic and the people directly and indirectly affected by it.

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

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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, ethnicity, hamper
the enjoyment of basic human rights and freedoms guaranteed in the Constitution and
are deemed inimical to national interest.

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

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

o

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

°

Civil Society Organizations (CSOs) refer to a group or groups of non-governmental and
non-commercial individuals or legal entities that are engaged in uncoerced collective
action around shared interests, purposes and values;

a

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

®

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

Evolving Capacities of Children refer to the concept enshrined in Article 5 of the
Convention on the Rights of the Child recognizing the developmental changes and the
corresponding progress in cognitive abilities and capacity for self-determination
undergone by children as they grow up thus requiring parents and others charged with
responsibility for the child to provide varying degrees of protection and to allow their
participation in opportunities for autonomous decision-making in different contexts and
across different areas of decision-making:

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

a!

ae

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


i, HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council (PNAC) to conduct
training or counseling on HIV and AIDS, HIV prevention, and human rights and stigma
reduction;

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

k. HIV Testing refers to any facility-based or mobile medical procedure that is conducted
to determine the presence or absence of HIV in person’s body, is confidential,
voluntary in nature and must be accompanied by counseling prior to, and after the
testing, and conducted only with the informed consent of the person;

|. HIV-Related Testing refers to any laboratory testing or procedure done on an individual
whether the person is HIV positive or negative;

m. HIV Testing Facility refers to any DOH-accredited in-site or mobile testing center,
hospital, clinic, laboratory and other facility that has the capacity to conduct voluntary
HIV counseling and HIV testing;

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

0. Key Affected Populations at Higher Risk of HIV Exposure or ‘Key Populations’ refer to
those persons whose behavior make them more likely to be exposed to HIV or to
transmit the virus, as determined by PNAC. The term includes children below the age
of eighteen (18), youth and adults living with HIV; men who have sex with men;
transgender persons; people who inject drugs; and people who sell sexual services or
favors;

p. Non-Mandatory HIV Anti-Body Testing refers to a health care provider initiating HIV
anti-body testing to a person practicing high-risk behavior or vulnerable to HIV after
conducting HIV pre-test counseling. The person may elect to decline or defer testing
such that consent is conditional

4. Opportunistic Infection (Ol) refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune systems;

r. Person Living with HIV refers to any individual diagnosed to be infected with HIV;

s. Sexually Transmitted Infections (STI) refer to infections that are spread through the
transfer of organisms from one person to another through sexual contact;

t. Sexual Orientation refers to a person's sexual and emotional attraction to, or intimate
and sexual relationship with, individuals of different, the same, or both sexes;

u. Social Protection refers to a set of policies and programs designed to reduce poverty
and vulnerability by promoting efficient labor markets, diminishing people's exposure to

a)


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risks, and enhancing their capacity to protect themselves against hazards and
interruptions/loss of income:

v. Stigma refers to the dynamic devaluation and dehumanization of an individual in the
eyes of others which may be based on attributes that are arbitrarily defined by others as
discreditable or unworthy and which results in discrimination when acted upon;

w.Treatment Hubs refer to private and public hospitals or medical establishments
accredited by the Department of Health (DOH) to have the capacity and facility to provide
anti-retroviral treatment;

x. Voluntary HIV Testing refers to HIV testing done on an individual who, after having
undergone pre-HIV counseling, willingly submits oneself to such test;

y. Vulnerable Communities refer to communities and groups who are suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment,
and other similar social, economic, cultural and political conditions, making them more
susceptible to HIV infection and to developing AIDS;

z. Work Place refers to the office, premises and work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or definite
work site, regularly report for assignment in the course of their employment.

SEC. 4. Philippine National AIDS Council. - The Philippine National AIDS Council
(PNAC), hereinafter referred to as the Council, established under Section 43 of R.A. 8504
otherwise known as the “Philippine AIDS Prevention and Control Act of 1998", shall be
reconstituted and strengthened to ensure the implementation of the country's response to
the HIV and AIDS epidemic. The Council shall be the central policy-making, planning,
implementing, coordinating and advisory body for Philippine National HIV and AIDS
Program. It shall be an agency attached to the Department of Health

SEC. 5. Functions of the PNAC. - The Council shall perform the following functions:

1. Develop the National HIV and AIDS Program in collaboration with relevant
government agencies and civil society organizations;

2. Ensure the operationalization and implementation of the National HIV and
AIDS Program;

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

4. Develop, enforce, and/or ensure the implementation of the guidelines and
policies that are stipulated in this Act, including other policies that may be
necessary to implement the National HIV and AIDS Program;

5. Monitor the progress of the epidemic;

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


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

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

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

10. Coordinate and cooperate with foreign and international organizations

regarding funding, data collection, research, and prevention and treatment
modalities on HIV and AIDS; and

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

Sec. 6. Membership and Composition. — a) The Council shall be composed of twenty-
six (26) members as follows:

The Secretary of the Department of Health;

The Secretary of the Department of Education;

The Chairperson of the Commission on Higher Education;

The Director-General of the Technical Education and Skills Development

Authority;

5. The Secretary of the Department of Labor and Employment;

6. The Secretary of the Department of Social Welfare and Development;

7. The Secretary of the Department of the Interior and Local Government;

8. The Secretary of the Department of Justice;

9. The Director-General of the National Economic and Development Authority;

10. The Secretary of the Department of Tourism;

11. The Secretary of the Department of Budget and Management;

12. The Secretary of the Department of Foreign Affairs;

13. The Head of the Philippine Information Agency;

14. The President of the League of Governors;

15. The President of the League of City Mayors;

16. The Chairperson of the Committee on Health of the Senate;

17. The Chairperson of the Committee on Health of the House of
Representatives;

18. Two (2) representatives from organizations of medical/health professionals;

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

20. A representative of an organization of persons living with HIV.

one

b) The heads of government agencies may be represented by an official from their
respective agencies with a rank not lower than an Undersecretary;

©) The presence of the Chairperson or the Vice Chairperson of the Council, and at least
seven (7) other Council members and/or permanent alternates shall constitute a


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quorum to do business, and a majority vote of those present shall be sufficient to pass
resolutions or render decisions;

d) 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;

) Except for the Ex-Officio members, the other members of the Council shall be
appointed by the President of the Philippines:

f) The members of the Council shall be appointed not later than thirty (30) days after the
date of the enactment of this Act;

g) The Secretary of Health shall be the permanent Chairperson of the Council. However,
the Vice-Chairperson shall be elected from among the members, and shall serve for a
term of two (2) years; and

h) Members representing medical or health professional groups and the six (6) non-
government organizations shall serve for a term of two (2) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

Sec. 7. Secretariat. - The PNAC shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capability who shall be conferred
permanent appointments, subject to Civil Service rules and regulations. It shall be
headed by an Executive Director who shall be under the direct supervision of the
Chairperson of the Council

The secretariat shall perform the following functions:

Coordinate and manage the day-to-day affair of the Council;

IN:

Assist in the the formulation, monitoring, and evaluation of the National HIV and
AIDS Programs and policies;

2

Provide technical assistance, support, and advisory services to the Council and
its external partners;

La

Assist the Council in identifying and building internal and external networks and
partnerships;

a

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

2

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

ST

. Disseminate updated, accurate, relevant, and comprehensive information about
the epidemic to Council members, policy makers, and the media:

bot

Provide administrative support to the Council; and


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9. Perform other functions as may be provided by the Council.

SEC. 8. HIV Prevention. - The government shall promote and adopt a range of
measures and interventions, in partnership with civil society organizations, that aim to
prevent, halt, or control the spread of HIV, especially among key populations and
vulnerable communities. These measures shall likewise promote the rights, welfare, and
participation of persons living with HIV and the affected children, young people, families
and partners of persons living with HIV.

a. Evidence-Informed, Gender Sensitive, Age-Appropriate, and Human Rights-Based
Preventive Measures — The HIV and Aids preventive programs shall be based on up-
to-date evidence and scientific strategies and shall be age-appropriate. The
government shall therefore actively promote safer sex behavior, especially among key
populations; safer practices that reduce risk of HIV infection; access to treatment;
consistent sexual abstinence and sexual fidelity; and, the consistent and correct
condom use.

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

°

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

4. HIV and AIDS Education for Key Populations and Vulnerable Communities. - To
ensure that HIV services reach key populations, the State, through the PNAC
and in collaboration with HIV and AIDS civil society organizations, shall support
and provide funding for HIV and AIDS education programs, such as peer
education and outreach activities that target key populations and vulnerable
communities. The PNAC shall likewise craft the guidelines for peer education
and outreach activities.

N

Age-Appropriate HIV and AIDS Education in Schools. — Using official
information and data from the PNAC, the Department of Education (DepEd), the
Commission on Higher Education (CHED), and the Technical Education and
Skills Development Authority (TESDA) shall integrate basic and age-appropriate
instruction on the causes, modes of transmission and ways of preventing the
spread of HIV and AIDS and other sexually transmitted infections in subjects
taught in public and private schools at intermediate grades, secondary and
tertiary levels, including non-formal and indigenous leaming systems.


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The learning modules that shall be developed to implement this provision shall
be done in coordination with the PNAC and stakeholders in the education
sector. Referral mechanisms, including but not limited to, the DSWD Referral
System, shall be included in the modules for key populations and vulnerable
communities.

All teachers and instructors to be assigned to handle these learning modules
shall be required to undergo seminars or trainings on HIV and AIDS prevention
that shall be supervised by the PNAC in coordination with concerned agencies.

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

In coordination with the PNAC, the Civil Service Commission (CSC) for the
public sector and the Department of Labor and Employment (DOLE) for the
private sector shall implement this provision. The CSC and the DOLE shall
ensure that the HIV and AIDS education program in the workplace is industry or
sector-appropriate and shall ensure the full participation of employers and
workers in designing the content of the program. Referral mechanisms for key
populations and vulnerable communities shall also be developed and instituted
by the CSC and the DOLE in coordination with the PNAC.

HIV and AIDS Education for Filipinos Going Abroad. — In coordination with the
PNAC, the Department of Foreign Affairs (DFA) and the DOLE shall ensure that
all overseas Filipino workers, including diplomatic, military, trade, labor officials,
personnel and their families to be assigned overseas, shall undergo or attend a
seminar on HIV and AIDS and shall be provided with information on how to
access on-site HlV-related services and facilities before certification for
overseas assignment.

HIV and AIDS Education in Communities - Through the Local HIV and AIDS
Council (LAC) or the Local Health Board and in coordination with the PNAC,
local governments shall conduct public awareness campaigns on HIV and AIDS
and shall educate local communities, through various channels, on evidence-
based, gender-sensitive, age-appropriate and human rights-oriented prevention
tools to stop the spread of HIV. For these purposes, the LGUs are hereby
authorized to utilize the Gender and Development (GAD) Funds for HIV and
AIDS education in communities.

In coordination with the Department of Social Welfare and Development, local
governments shall also conduct age-appropriate HIV and AIDS education for
out-of-school youths

}. Information for Tourists and Transients - Educational materials on the cause,

modes of transmission, prevention, and consequences of HIV infection shall be
adequately provided at all international ports of entry and exit. The Department

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of Tourism, the DFA, and the Bureau of Immigration, in coordination with the
PNAC and with stakeholders in the tourism industry, shall implement this
provision

d. HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is
voluntary and confidential. All HIV testing facilities shall be required to provide free HIV
counseling to individuals who wish to avail of HIV testing and counseling which shall
likewise be confidential. To implement this provision:

1. The DOH shall accredit public and private HIV testing facilities based on their
capacity to deliver testing services, including HIV counseling. Only DOH-
accredited HIV testing facilities shall be allowed to conduct HIV testing;

nD

The PNAC shall develop the guidelines for the conduct of HIV counseling and
HIV testing, including mobile HIV counseling and testing, by testing facilities.
The guidelines shall ensure, among others, that HIV testing is voluntary and
confidential and that HIV counseling is available at all times and provided by
qualified persons and DOH-accredited providers;

2

The PNAC shall accredit institutions or organizations that train HIV and AIDS
counselors; and

cs

The PNAC shall set the standards for HIV counseling and shall work closely
with HIV and AIDS civil society organizations that train HIV and AIDS
counselors and peer educators.

o

Positive Prevention - The PNAC, in coordination with the DOH, local government
units, and other relevant government agencies, shall support preventive measures that
shall focus on the positive roles of persons living with HIV. Such preventive measures
shall cover, among others, (i) the creation of rights-based and community-led behavior
change programs that seek to encourage HIV risk reduction behavior among persons
living with HIV; (ii) the establishment and enforcement of rights-based mechanisms to
encourage newly tested HIV-positive individuals to conduct sexual contact tracing and
to promote HIV status disclosure to sexual partners; (ii) the establishment of standard
precautionary measures in public and private health facilities; (iv) the accessibility of
anti-retroviral treatment, management of opportunistic infections, and health services
related to sexually transmitted infections; and (v) the mobilization of communities of
persons living with HIV, for public awareness campaigns and stigma reduction
activities. The enforcement of this provision shall not lead to or result in the
discrimination or violation of the rights of persons living with HIV.

Harm Reduction - The DILG and the DOH shall establish a human rights and
evidence-based HIV prevention policy and program for people who use and inject
drugs.

Preventing Mother-to-Child HIV Transmission - The DOH shall establish a program to
prevent mother-to-child HIV transmission that shall be integrated in its maternal and
child health services,

e


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h. Standard Precaution. - The DOH shall establish guidelines on donation of blood,
tissue or organ, surgical and other similar procedures based on the following
principles:

1. Donation of tissue or organs, whether gratuitous or onerous, shall be accepted
by a laboratory or institution only after a sample from the donee has tested
negative for HIV. All donated blood shalll also be subjected to HIV testing. HIV
positive blood shall be disposed of properly and immediately. A second testing
may be demanded as a matter of right by the blood, tissue, or organ recipient or
his immediate relatives before transfusion or transplant, except during
emergency cases

Donations of blood, tissue, or organ tested positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal requirements.

n

The DOH, in consultation with concerned professional organizations and
hospital associations, shall issue guidelines on precautions against HIV
transmission during surgical, dental, embalming, tattooing or similar procedures
and guidelines on the handling and disposition of cadavers, body fluids or
wastes of persons known or believed to be HIV positive. The necessary
protective equipment such as gloves, goggles and gowns shall be made
available to all physicians and health care providers and similarly exposed
personnel at all times.

SEC. 9. Treatment, Care and Support for Persons Living with HIV and AIDS. -

a. National HIV and AIDS Treatment Program. - The DOH shall establish a program to
provide free and accessible anti-retroviral treatment to all citizens living with HIV and
AIDS. Free medication for opportunistic infections shall also be provided to persons
living with HIV who are enrolled in the program. It shall likewise establish or accredit
public and private treatment hubs and shall have the authority to develop guidelines on
the provision of anti-retrovirals.

b. Health Insurance. - The Philippine National Health Insurance Corporation
(PHILHEALTH) shall develop an insurance package for persons living with HIV that
shall include coverage for in-patient and out-patient medical and diagnostic services,
including medication and treatment. The PHILHEALTH shall enforce confidentiality in
the provision of these packages to persons living with HIV.

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

°

Economic Empowerment and Support - Persons living with HIV shall not be deprived
of any employment, livelihood, micro-finance, self-help, and cooperative programs by
reason of their HIV status. The DOLE, and the DSWD, in coordination with the TESDA
and with local government units, shall develop programs to ensure economic
empowerment and provide economic support to persons living with HIV.


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

2

Care and Support for Overseas Workers Living with HIV. - The Overseas Workers
Welfare Administration, in coordination with the DSWD and the DFA, shall develop a
program to provide a stigma-free comprehensive reintegration, care and support
program, including economic, social and medical support, for overseas workers who
have been repatriated or are about to be repatriated due to their HIV status.

SEC. 10. Stigma Reduction and Human 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 concem shall be aligned with the following internationally-
recognized human rights instruments and standards:

a. Prohibition on Compulsory HIV Testing - As a policy, the State shall encourage
voluntary HIV testing. However, written consent from the person taking the test must
be obtained before HIV testing. If the person is below fifteen (15) years of age or is
mentally incapacitated, such consent shall be obtained from the child's parents, legal
guardian, or whenever applicable, from the licensed social worker, licensed health
service providers, or a DOH-accredited health service provider assigned to provide
health services to the child.

In keeping with the principle of “evolving the capacities of the child” as defined in
Section 3 (F) of this Act, HIV testing and counseling shall be made available to a child
under the following conditions:

1. The child, who is above the age of fifteen (15) years but below eighteen (18)
years, expresses the intention to submit to HIV testing and counseling and other
related services;

Nv

Reasonable efforts were undertaken to locate, provide counseling to, and to
obtain the consent of, the parents, but the parents are absent or cannot be
located, or otherwise refuse to give their consent;

2

Proper counseling shall be conducted by a social worker, health care provider
or other health care professional, accredited by the DOH or DSWD; and

od

The licensed social worker, health care provider or other health care
professional shall determine that the child is “at higher risk of HIV exposure,” as
defined in Section 3 (O) of this Act, and that the conduct of the testing and
counseling is in the child’s best interest and welfare.

b. Compulsory HIV Testing - Compulsory HIV testing shall be allowed only in the
following instances.


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1. a person is charged with any of the offenses punishable under Articles 264,
266, 335 and 338 of the Revised Penal Code, as amended by Republic Act No.
8353, otherwise known as the Anti-Rape Law of 1997;

Lind

the determination of HIV status is necessary to resolve the relevant issues
under the Family Code;

©

to comply with the provisions of Republic Act No. 7170, also known as the
“Organ Donation Act of 1991” ;

s

. to comply with the provisions of Republic Act No. 7719, otherwise known as
the “National Blood Services Act of 1994” and

ou

to comply with requirements of other countries in applying for overseas
employment

©. Stigma-Free HIV and AIDS Services - The PNAC, in cooperation with public and
private HIV and AIDS service providers and civil society organizations, and in
collaboration with the Commission on Human Rights, shall ensure the delivery of
stigma-free HIV and AIDS services by government and private HIV and AIDS service
providers.

d. Testing of Organ Donation - Lawful consent to HIV testing of a donated human body,
organ, tissue or blood shall be considered as having been given when:

1. A person volunteers or freely agrees to donate his or her blood, organ, or tissue
for transfusion, transplantation, or research;

2. A person has executed a legacy in accordance with Sec. 3 of Republic Act No.
7170; and

3. A donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

e.HIV Anti-Body Testing for Pregnant Women — A health care provider who offers pre-
natal medical care shall make a non-mandatory HIV anti-body testing available for
pregnant women practicing high risk behavior or are vulnerable to HIV. The DOH shall
provide the necessary guidelines for health care providers in the conduct of the screening
procedure

#. Redress Mechanism. - The Department of Justice and the Commission on Human
Rights, in coordination with PNAC, shall develop redress mechanisms for persons
living with HIV to ensure that their civil, political, economic and social rights are
protected.

g. Acts of Discrimination. - The following discriminatory acts shall be prohibited:

1. Rejection of job application, termination of employment, or other discriminatory
policies in hiring, provision of employment and other related benefits, promotion

12


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or assignment of an individual solely or partially on the basis of actual,
perceived, or suspected HIV status;

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. Refusal of admission, expulsion, segregation, imposition of harsher disciplinary
actions, or denial of services or benefits, of a student or prospective student
solely or partially on the basis of actual, perceived or suspected HIV status;

e

Restrictions on travel within the Philippines, refusal of lawful entry to the
Philippine territory, deportation from the Philippines, or the quarantine or
enforced isolation of travelers solely or partially actual, perceived or suspected
HIV status;

i

Restrictions on housing or lodging solely or partially on the basis of actual,
perceived or suspected HIV status;

a

. Prohibitions on the right to seek an elective or appointive public office solely or
partially on the basis of actual, perceived or suspected HIV status;

2

Exclusion from health, accident, or life insurance, credit and loan services,
including the extension of such loan or insurance facilities, of an individual
solely or partially on the basis of actual, perceived or suspected HIV status:
Provided, That the person living with HIV has not misrepresented the fact to the
insurance company or loan or credit service provider upon application;

a

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

@

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

9. Other similar or analogous discriminatory acts.

SEC. 11. Immunity for HIV Educators, Licensed Social Workers, and other HIV and
AIDS Service Providers. - Any person involved in the provision of HIV and AIDS
services including peer educators shall be immune from suit, arrest, or prosecution, and
from civil, criminal or administrative liability, on the basis of their delivery of such services
in Section 8 hereof, or in relation to the legitimate exercise of protective custody of
children, whenever applicable. The Department of Justice (DOJ), the DILG and the
PNP, in coordination with the PNAC, shall develop the mechanism for the implementation
of this provision

SEC. 12 Confidentiality. - The State shall guarantee the confidentiality and privacy of
any individual who has been tested for HIV, has been exposed to HIV, has HIV infection
or HIV and AIDS-related illnesses, or has been treated for HIV-related illnesses.

a. Confidential HIV and AIDS Information - Unless otherwise provided in Section 12 (c) of
this Act, it shall be unlawful to disclose, without written consent, information that a
person:

1. had an HIV-related test;
2. has HIV infection, HIV-related illnesses, or AIDS; or


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s

2

3. has been exposed to HIV.

The prohibition shall apply to any person, natural or juridical, whose work or function
involves the implementation of this Act or the delivery of HIV-related services, including
those who handle or have access to personal data or information in the workplace, and
who, pursuant to the receipt of the required written consent from the subject of
confidential HIV and AIDS information, have subsequently been granted access to the
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 the film in case of the movie industry, to disclose the name,
picture, or any information that would reasonably identify any person living with HIV or
AIDS, or any confidential HIV and AIDS information, without the prior written consent
of their subject.

Release of HIV Testing and HIV-Related Test Result. - The result of any HIV testing or
HIV-related testing shall be released only to the individual who submitted to the test, or
the spouse, if applicable. If the patient is a minor, an orphan, or is mentally
incapacitated, the result may be released to either of the patient's parents, legal
guardian, or a duly assigned social worker, whichever is applicable.

Exemptions. - Confidential HIV and AIDS information may be released by HIV testing
facilities without written consent on the following grounds:

1, When complying with the reportorial requirements of the national active and
passive surveillance system of the DOH: Provided, That the information related
to a person's identity shall remain confidential;

Lid

When informing other health workers directly involved in the treatment or care
of a person living with HIV: Provided, That such workers shall be required to
perform the duty of shared medical confidentiality;

o

. 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 accuracy by the head of the office or
department, shall be properly sealed by its lawful custodian, hand delivered to
the Court, and personally opened by the judge: Provided, further, That the
judicial proceedings shall be held in executive session

Disclosure to Sexual Partners. - Any person who, after having been tested, is found to
be infected with the HIV virus, is obliged to disclose this health condition to the spouse
or sexual partner prior to engaging in penetrative sex or any potential exposure to HIV.
A person living with HIV may opt to seek help from medical professionals, health
workers, or peer educators to support him in disclosing this health condition to one's
partner or spouse.


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e. Civil Liability - Any person who has obtained knowledge of confidential HIV and AIDS.
information and has used such information to malign or cause damage, injury, or loss
to another person may face liability under Articles 19, 20, 21, and 26 of the Civil Code.

SEC. 13. National HIV and AIDS Program. - A six-year National HIV and AIDS Program
shall be formulated and periodically updated by PNAC. The Program shall comprise of
the following: a). the country's targets and strategies in addressing the epidemic; b) the
prevention, treatment, care and support, and other components of the country response:
) the five-year operationalization of the program and the identification of the government
agencies that shall implement the program from the national to the local levels; and d)
the budgetary requirements and a corollary investment plan that shall identify the sources
of funds for its implementation

SEC. 14. National HIV and AIDS and STI Prevention and Control Program of the
Department of Health - The National HIV and AIDS and STI Prevention and Control
Program (NASPCP) of the Department of Health, which shall be staffed by qualified
medical specialist and support personnel with permanent appointments, shall coordinate
with PNAC for the implementation of the health sector's HIV and AIDS and STI response,
as identified in the National HIV and AIDS Program

SEC. 15. HIV and AIDS Monitoring and Evaluation. - The DOH shall establish a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the
following purposes:

a. Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippines to help the national response determine the efficacy and adequacy of HIV
prevention and treatment programs;

o

Receive, collate, process, and evaluate all HIV and AIDS-related medical reports from
all hospitals, clinics, laboratories and testing centers, including HIV-related deaths and
all relevant data from public and private hospitals, various databanks or information
systems: Provided, That it shall adopt a coding system that ensures anonymity and
confidentiality; and

°

‘Submit an annual report to the Office of the President, Congress, and members of the
PNAC the findings of its monitoring and evaluation activities in compliance with this
mandate

SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. - Misinformation on
HIV and AIDS through false and misleading advertising and claims, or the promotional
marketing of drugs, devices, agents or procedures without prior approval from the PNAC,
and the Food and Drug Authority (FDA) and 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, shall be prohibited

SEC. 17. Prohibition on the Use of Condoms and Other Safer Sex Paraphernalia as
Basis for Raids and Similar Police Operations - \t shall be unlawful to use the
presence of used or unused condoms or other safer sex paraphernalia to conduct raids
or similar police operations in sites and venues of HIV prevention interventions. The DILG
shall establish a national policy to guarantee the implementation of this provision.

15


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SEC. 18. Penalties. - The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act:

a. Any person found guilty of violating Section 9 (b); Section 10 (b) ; Section 10 (g); and
Section 12 (a,b,c and e) of this Act shall suffer the penalty of imprisonment for six (6)
months to five (5) years and/or a fine of not less than Fifty Thousand Pesos (P50,
000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), without
prejudice to the imposition of administrative sanctions such as fines and suspension or
revocation of the entity's business permit, license or accreditation or the individual's
license to practice his or her profession.

o

Any person who commits any act of discrimination as stipulated in Section 10 (g) of
this Act may face liability under Articles 19, 20, and 21 of the Civil Code

°

Any person found guilty of violating Section 11 of this Act shall suffer the penalty of
imprisonment for six (6) months to five (5) years and a fine of not less than One
Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00): Provided, That if the violator is a law enforcer or a public official,
administrative sanctions may be imposed in addition to the above penalties.

a

Any person found guilty of violating Section 16 of this Act shall suffer the penalty of
imprisonment for two (2) months to two (2) years, without prejudice to the imposition of
administrative sanctions such as fines and suspension or revocation of professional or
business license.

Any person or any law enforcer found guilty of violating Section 17 of this Act shall
suffer the penalty of imprisonment for one (1) year to five (5) years and a fine of not
less than One Hundred Thousand Pesos (P100,000.00) but not more than Five
Hundred Thousand Pesos (P500,000.00). Law enforcers found guilty of violating this
section shall be removed from public service

2

Any person who knowingly or negligently causes another to get infected with HIV in the
course of the practice of one’s profession through unsafe and unsanitary practice or
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12)
years, without prejudice to the imposition of administrative sanctions such as fines and
suspension or revocation of the license to practice one's profession. The permit or
license of any business entity and the accreditation of HIV testing centers may be
cancelled or withdrawn if said establishments fail to maintain such safe practices and
procedures as may be required by the guidelines formulated in compliance with
Section 8 (h-2) of this Act

The penalties collected pursuant to this Section shall be deposited in the National
Treasury as income of the general fund.

SEC. 19. Duty of Employers, Heads of Government Offices, Heads of Public and Private
Schools or Training Institutions, and Local Chief Executives. It shall be the duty of
private employers, heads of the government offices, heads of private and public schools
or training institutions, and local chief executives over all private establishments within
their territorial jurisdiction, to prevent or deter acts of discrimination against persons living
with HIV, and to provide for procedures for the resolution, settlement, or prosecution of

16


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acts of discrimination. Towards this end, the employer, head of office or local chief
executive shall:

a. Promulgate rules and regulations prescribing the procedure for the investigation of
discrimination cases and the administrative sanctions therefor.

b. Create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the knowledge and understanding of
HIV and AIDS, and to prevent incidents of discrimination. It shall also conduct the
administrative investigation of alleged cases of discrimination.

SEC.20. Congressional Oversight Committee. - To ensure the effective
implementation of this Act, a Congressional Oversight Committee shall be established,
hereinafter referred to as the HIV and AIDS Oversight Committee, that shall be
composed of three members (3) from the Senate, who shall include the Chairperson of
the Senate Committee on Health and Demography, and three (3) members from the
House of Representatives, who shall include the Chairperson of the House Committee on
Health. The HIV and AIDS Oversight Committee shall be jointly chaired by the
Chairpersons of the Senate Committee on Health and Demography and the House
Committee on Health.

The oversight committee shall exist for a period not exceeding three (3) years from the
effectivity of this Act, after which the oversight functions shall be undertaken by the
Committee on Health and Demography of the Senate of the Philippines and the
Committee on Health of the House of Representatives.

SEC. 21. Appropriations. - The initial amount necessary to implement the provisions of
this Act shall be charged against the current year's appropriation of the Philippine
National Aids Council under the Department of Health. Thereafter, such sums as maybe
necessary for the continued implementation of this Act shall be included in the Annual
General Appropriations Act.

SEC.22. Implementing Rules and Regulations. - The Philippine National AIDS Council
shall promulgate the necessary implementing rules and regulations within sixty (60) days
from the effectivity of this Act.

SEC. 23. Transitory Provision -The personnel designated by the Department of Health
as the Secretariat of PNAC under Section 47 of RA 8504 shall be absorbed as
permanent personnel to fulfil the Secretariat functions stipulated in this Act.

SEC. 24. Separability Clause. - Any portion or provision of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying the other portions
and provisions hereof as long as such remaining portion or provision can still subsist and
be given effect in their entirety.

SEC. 25. Repealing Clause. — Republic Act No. 8504, otherwise known as the
“Philippine AIDS Prevention and Control Act of 1998" and all decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent herewith are
hereby repealed, amended or modified accordingly.


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SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in any national paper of general circulation.

Approved,