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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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S. No. sEN2v6 2 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
HIV/AIDS infection poses a serious threat to the public health of all Filipinos whenever 
HIV or AIDS infected persons act in a manner which is likely to spread this incurable disease to 
other persons. When HIV or AIDS infected persons commit such actions as having unprotected 
sex or sharing needles without the consent of their partners, they endanger the public health and 
frustrate the efforts of health officials to contain and, hopefully, reverse the spread of HIV/AIDS. 
Also, in order to allow the victims of alleged sex crimes or crimes which endanger their health to 
obtain the most effective health care treatment, the HIV status of their offenders must be 
determined. Hence, this bill seeks to define and penalize the crimes of reckless endangerment of 
the public health and offering a false statement which endangers the public health. This bill 
likewise provides for the HIV-related testing of defendants accused of committing sex or public 
health crimes in order to determine the appropriate treatment for their victims. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPWES 
1 
First Regular Session 
) 
SENATE 
S.No. 2062 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING AND PENALIZING THE CRIMES OF RECKLESS ENDANGERMENT 
OF THE PUBLIC HEALTH AND OFFERING A FALSE STATEMENT WHICH 
ENDANGERS THE PUBLIC HEALTH 
Be it enacted by the Senate and House OfRepresentatives of the Philippines in Congress 
assem bled: 
SECTION 1. Declaration ofPolicy. - It is a policy of the State to protect the physical, 
moral and social well-being of the people. Towards this end, the State shall exert efforts to 
prevent the spread of HIV and AIDS by penalizing certain reckless acts which may cause the 
transmission of the said diseases. 
SECTION 2. Definition of Terms. -For the purposes of this Act, the term: 
(A) “AIDS” means acquired immunodeficiency syndrome. 
(B) “HIV” means the human immunodeficiency virus. 
(C) ”HIV infection” means infection with HIV or any other related virus identified as a 
probable causative agent of AIDS. 
(D) “HIV related illness” means any illness that may result from or may be associated 
with HIV infection. 
(E) “HIV related test” means any laboratory test or series of tests for any virus, antibody, 
antigen or etiologic agent whatsoever thought to cause or to indicate the presence of 
AIDS. 
SECTION 3. Reckless Endangerment to the Public Health. - A person is guilty of 
reckless endangerment to the puhlic health when he or she has tested positively for HIV or AIDS 
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and then recklessly engages in conduct which results in the transmission of HIV or AID to 
another person who was unaware of such condition. 
A person is guilty of reckless endangerment to the public health in the frustrated stage 
when he or she has tested positively for HIV or AIDS and then recklessly engages in conduct 
which creates a substantial risk of the transmission of H N  or AID to another person who was 
unaware of such condition. 
SECTION 4. Defense. - In any prosecution for reckless endangerment of the public 
safety, either in the consummated or frustrated stage, it shall be an absolute defense that the 
defendant, at the time she was engaged in the conduct constituting the offense, was a woman 
who transmitted the HIV or AIDS virus to her child as the result of giving birth to such child. 
SECTION 5 .  Offering a False Instrument which Endangers the Public Health. - A 
person is guilty of offering a false instrument which endangers the public health when he or she 
is aware that he or she has tested positive for HIV or AIDS and then knowing that a written 
instrument contains a false statement or false information regarding his or her HIV status and 
with the intent to defraud the Department of Health, any subdivision or agent thereof, or any 
other health care provider, he or she offers or presents such instrument to an agent of that office 
or other health care provider with the knowledge or belief that it will be filed with, registered or 
recorded in or otherwise become a part of the records of such public office or public officer. 
SECTION 6. HIV-Related Testing of Alleged Sex and Public Health Offenders. - (A) A 
police officer who makes an arrest for any crime where the defendant has committed or is about 
to commit a sex or public health offense, either with or without a warrant, shall, following such 
arrest or the arraignment upon a COW of competent jurisdiction accusatory instrument of a 
defendant whose court attendance has been secured by a summons or an appearance ticket, 
cause such defendant to be immediately given an HIV-related test to determine if such 
defendant has HIV infection, HIV-related illness or AIDS. 
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(B) The HIV-related test prescribed in paragraph (A) and the submission of available 
information concerning the defendant and the facts and circumstances of the crime charged must 
be in accordance with the rules and regulations promulgated by the Secretary of Justice. 
(C) The result of an HIV-related test performed pursuant to paragraph (A) shall, upon 
request, be made available to the victim or alleged victim of such crime and to the defendant. 
SECTION 7. Separability Clause. - If any part hereof, is held invalid or unconstitutional, 
the remainder of the provision not otherwise affected shall remain valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
/rgs 
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