FIFTEENTH CONGRESS OF TH~ REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 719 
) 
) 
) 
INTRODUCED BY SEN .• IfNGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Prenatal transmission is the leading cause of pediatric HIV infections, 
including AIDS cases. In fact, recent studies suggest that HIV-infected women 
give birth and many babies continue to be born with HIV infection each year, 
without the knowledge of appropriate government agencies like the Department 
of Health. 
While medical advances have made it possible to nearly eliminate 
prenatal HIV transmission, as research studies have demonstrated that the 
administration of antiviral medication during pregnancy, during labor, and 
immediately following birth can significantly reduce the transmission of HIV from 
an infected mother to her baby, the same could not be effectively employed if 
there is failure to detect who among pregnant women are inflicted with the 
disease. 
If only to abate the alarming increase of HIV cases in the country, all 
pregnant women should be counseled and offered voluntary HIV testing. 
Certainly, mandatory testing of newborns and universal HIV testing of pregnant 
woman are the best approaches fQr identifying, treating, and preventing HIV 
among pregnant women and children: 
The proposed measure seeks to provide for HIV testing of pregnant 
women and newly born infants, considering that appropriate counseling and 
treatment can significantly reduce the number of pediatric HIV infections, 
including AIDS cases, can imp~ove access to and medical care for the woman 
and children, and can provide opportunities to further reduce transmission among 
adults. 
Hence, immediate passage of the bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 719 
) 
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} 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
, AN ACT 
"eM:"" 
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMEN 
AND NEWBORN INFANTS FOR INFECTION WITH HUMAN IMMUNO 
DEFICIENCY VIRUS AND FOR OTHER PURPOSES 
, 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title - This Act shall also be known as the "Women 
and Children's HIV Protection Act of 2010." 
SEC. 2. Declaration of Policy - It is the declared policy of the State to 
protect and promote the right to health and instill health consciousness among 
them by sponsoring programs that will address current health predicaments such 
as ADS prevention, with the end in view of educating the public, particularly 
women and children, on various means to protect themselves from the disease, 
and engaging the government to undertake special project aimed at detecting, 
controlling and abating the spread of the virus on the other hand. 
SEC. 3. Testing Requirement - All government funded hospitals under 
the supervision of the Department of Health and those directly administered by 
local government units shall undertake the following: 
1. Provide all pregnant women receiving prenatal care with counseling and 
testing regarding HIV disease. 
2. Release the results of such testing and promptly disclose the same to 
the pregnant woman involved. 
3. In the case of newborn infants, and whose biological mothers have not 
undergone prenatal testing for HIV disease, provide each such infant with 
comprehensive testing for such disease. 
4. Release the results of such testing of a newborn infant and promptly 
disclose the same in accordanc,e with the following, as applicable to the infant 
involved: 
a. To the biological mother of the infant (without regard to whether 
she is the legal guardiun of the infant); 


• 
b. To the legal guardian of the infant in appropriate case; and 
c. To the child's health care provider. 
SEC. 4. Liabilities - Any health officer, physician or any other person 
working for any government funded hospital, who fails to comply with the 
mandatory requirements set forth in the preceding section shall be held 
administratively and civilly liable, in accordance with appropriate provisions of the 
Civil Code, the Rules of Court and other pertinent laws. 
SEC. 5. Guidelines - The Department of Health shall issue appropriate 
guidelines, within two months after the effectivity of this Act making such testing, 
counseling, and treatment the standard of care among government-funded 
hospitals. 
SEC. 6. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provisions not 
otherwise affected shall remain valid and subsisting. 
SEC. 7. 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. 
SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two' (2) newspapers of general circulation. 
Approved,