SIXTEENTH CONGRESS OF THE 
) 
!!H'l1 fitF 
(~fh;r <)f lip' ;2"1'fl'br~ 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 30 f).3:;; 4 
SENATE 
1178 
S.No. ___ _ 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
Explanatory Note 
Republic Act 8504 or the "Philippine Aids Prevention and Control Act" was enacted in 1998. It 
seeks to promote public awareness about the causes,' modes of transmission, consequences, 
means of prevention and control of HI VIA IDS through a comprehensive nationwide educational 
and information campaign organized and conducted by the State. It is the State's response in 
order to control the spread of HIV infections among Filipinos. 
15 years after its enactment, cases of HIV infections continue to increase. In fact, based on the 
records ofthe National Epidemiology Center of the Department of Health, In January 2013, there 
were 380 new HIV positive individuals confirmed by the STD/AIDS Cooperative Central 
Laboratory (SACCL) and reported to the HIV and AIDS Registry. This was 79% higher 
compared to the same period last yearl. Another alarming data was reflected in the report made 
in June 2013 wherein a total of 388 new cases of HIV infection were discovered nationwide in 
April of this year .alone2• 
The alarming incidence of increase in cases of HIV infection in our country raises question on 
whether or not RA 8504 has been effective in raising awareness of Filipinos with regard the 
spread of HIVI AIDS. It is therefore clear that there is a need to amend RA 8504 in order to 
strengthen the law and achieve its purpose of halting the prevalence of HIVI AIDS in the 
country. 
This bill seeks to introduce the following reforms to RA 8504: a) the restructuring of the legal 
framework on HIV and AIDS; b) the delineation of roles and responsibilities of state institutions 
involved in HIV and AIDS response; c) the establishment of the National HIV and AIDS Plan, 
• and; d) the strengthening ofthe stigma reduction mechanisms of the law. 
In view of the foregoing, early passage of this bill is earnestly sought. 
"F. TRILLANES IV 
Senator 
1 Philippine HIVI AIDS Registry, January 2013. (http://aidsdatahub.org/dmdocuments/NEC HIV Jan-
AIDSreg2013.pdf) 
2 Data retrieved on http://www.philstar.com/headl ines/2013/06/02/949178/388-new-hiv-cases-d iscovered-april. 
1 


1 
2 
3 
SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1178 
-
''' .. , 
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'13 
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Introduced by Senator Antonio "SONNY" F. Trillanes IV 
AN ACT 
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HlV 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: 
ARTICLE I 
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE 
4 
SECTION 1. Short Title. - This Act shall be known as "The Revised Philippine HIV and 
5 
AIDS Policy and Program Act of2013". 
6 
7 
SEC. 2. Declaration of Policies. - The Human Immunodeficiency Virus (HIV) and 
8 
Acquired Immune Deficiency Syndrome (AIDS) are public health concerns that have wide-
9 
ranging social, political and economic repercussions. Responding to the HIV and AIDS epidemic 
10 
is therefore imbued with public interest, and accordingly, the State shall: 
11 
(a) Establish policies and programs to prevent the spread of HIV and deliver treatment, 
12 
care and support services to Filipinos living With HN in accordance with evidence-based 
13 
strategies and approaches that follow the principles of human rights, gender equality and 
14 
meaningful participation of communities affected by the epidemic; 
15 
(b) Adapt a multisectoral approach in responding to the HIV epidemic by ensuring that 
16 
local communities, civil society organizations and persons living with HIV are involved in the 
17 
process; 
18 
(c) Remove all barriers 'to I'IIV and AIDS-related services by eliminating the climate of 
19 
stigma that surrounds the epidemic and the people directly and indirectly affected by it. 
20 
21 
Respect for, protection of and promotion of human rights are the cornerstones of an 
22 
effective response to the HIV epidemic. The meaningful inclusion and participation of persons 
1 


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1 
directly and indirectly affected by the epidemic, especially persons living with HI V, are crucial 
2 
in eliminating the virus. Thus, unless otherwise provided in this Act, the confidentiality, 
3 
anonymity and noncompulsory nature of HIV testing and HIV -related testing shall always be 
4 
guaranteed and protected by the State. 
5 
Policies and practices that discriminate on the basis of perceived or actual HIV status, 
6 
sex, gender, sexual orientation, gender identity, age, economic status, ethnicity, hamper the 
7 
enjoyment of basic human rights and freedoms guaranteed in the Constitution and are deemed 
8 
inimical to national interest. 
9 
10 
SEC. 3. Definition Terms. - As used in this Act, the following terms shall be defined as 
11 
follows: 
12 
(a) Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a body's 
13 
immune system is reduced due to HIV infection, making an individual susceptible to 
14 
opportunistic infections; 
15 
(b) Anti-retroviral treatment refers to the treatment that stops or suppresses a retrovirus 
16 
like HIV; 
17 
(c) Civil society organizations (CSOs) refer to a group or groups of nongovernmental and 
18 
noncommercial individuals or legal entities that are engaged in uncoerced collective action 
19 
around shared interests, purposes and values; 
20 
(d) Compulsory HIV testing refers to HIV testing imposed upon an individual 
21 
characterized by lack of consent, use of force or intimidation, the use of testing as a prerequisite 
22 
for employment or other purposes, and other circumstances when informed choice is absent; 
23 
( e) Discrimination refers to any action taken to distinguish, exclude, restrict or show 
24 
preference based on any ground such as sex, gender, age, sexual orientation, gender identity, 
25 
economic status, disability and ethnicity, whether actual or perceived, and which has the purpose 
26 
or effect of nullifying or impairing the recognition, enjoyment or exercise by all persoIjs 
27 
similarly situated, of all rights and freedoms; 
28 
(f) Evolving capacities of children refer to the concept enshrined in Article V of the 
29 
Convention on the Rights of the Child recognizing the developmental changes and the 
30 
corresponding progress in cognitive abilities and capacity for self-determination undergone by 
31 
children as they grow up thus requiring parents and others charged with responsibility for the 
32 
child to provide varying degrees of protection and to allow their participation in opportnnities for 
33 
autonomous decision-making in different contexts and across different areas of decision-making; 
34 
(g) Gender identity refers to a person's internal and individual experience of gender that 
35 
mayor may not correspond with the sex assigned at birth, including the person's sense of the 
36 
body, which may involve, if freely chosen, modification of bodily appearance or frmction by 
37 
medical, surgical and other means, and other experience of gender, among them, dress, speech 
38 
and mannerism; 
2 


1 
(h) Harm reduction refers to evidence-based policies, programs and approaches that aim 
2 
to reduce the hannful consequences on health, social relations and economic conditions that are 
3 
associated with the use of psychoactive substances; 
4 
(i) HIV and AIDS counselor refers to any individual trained by an institution or 
5 
organization accredited by the Philippine National AIDS Council (PNAC) to conduct training or 
6 
counseling on HIV and AIDS, HIV prevention, and human rights and stigma reduction; 
7 
G) HIV counseling refers to the provision of infonnation on HIV and AIDS, how it is 
8 
spread and how it may be prevented, risk-reduction approaches, and infonnation on treatment, 
9 
care and support for persons living with HIV, which is conducted before and after HIV testing; 
10 
(k) HIV testing refers to any facility-based or mobile medical procedure that is conducted 
11 
to detennine the presence or absence of HIV in a person's body, is confidential, voluntary in 
12 
nature and must be accompanied by counseling prior to, and after the testing, and conducted only 
13 
with the informed consent of the person; 
14 
(1) HIV-related testing refers to any laboratory testing or procedure done on an individual 
15 
whether the person is HIV positive or negative; 
16 
(m) HIV testing facility refers to any DOH-accredited in site or mobile testing center, 
17 
hospital, clinic, laboratory and other facility that has the capacity to conduct voluntary HIV 
18 
counseling and HIV testing; 
19 
(n) Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS; 
20 
(0) Key affected populations at higher risk of HIV exposure or "key populations" refer to 
21 
those persons whose behavior make them more likely to be exposed to HIV or to transmit the 
22 
virus, as determined by the PNAC. The tenn includes children below the age of eighteen (18), 
23 
youth and adults living with HIV; men who have sex with men; transgender persons; people who 
24 
inject drugs, and people who sell sexual services or favors; 
25 
(P) Nonmandatory HIVanti-body testing refers to a healthcare provider initiating HIV 
26 
anti-body testing to a person practicing high-risk behavior or vulnerable to HIV after conducting 
27 
HIV pretest counseling. The person may elect to decline or defer testing such that consent is 
28 
conditional; 
29 
(q) Opportunistic infection (01) refers to illnesses caused by various organisms, many of 
30 
which do not cause disease in persons with healthy immune systems; 
31 
(r) Person living with HIVrefers to any individual diagnosed to be infected with HIV; 
32 
(s) Sexually Transmitted Infections (STI) refer to infections that are spread through the 
33 
transfer of organisms from one person to another through sexual contact; 
34 
(t) Sexual orientation refers to a person's sexual and emotional attraction to, or intimate 
35 
and sexual relationship with, individuals of different, the same, or both sexes; 
36 
(u) Social protection refers to a set of policies and programs designed to reduce poverty 
37 
,and vulnerability by promoting efficient labor markets, diminishing people's exposure to risks, 
3 


1 
and enhancing their capacity to protect themselves against hazards and interruptions/loss of 
2 
income; 
3 
(v) Stigma refers to the dynamic devaluation and dehumanization of an individual in the 
4 
eyes of others which may be based on attributes that are arbitrarily defined by others as 
5 
discreditable or unworthy and which results in discrimination when acted upon; 
6 
(w) Treatment hubs refer to private and public hospitals or medical establishments 
7 
accredited by the Department of Health (DOH) to have the capacity and facility to provide anti-
8 
retroviral treatment; 
9 
(x) Voluntary HIV testing refers to HIV testing done on an individual who, after having 
10 
undergone pre-HIV counseling, willingly submits oneself to such test; 
11 
(y) Vulnerable communities refer to communities and groups who are suffering from 
12 
vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment, and 
13 
other similar social, economic, cultural and political conditions, making them more susceptible 
14 
to HIV infection and to developing AIDS, and; 
15 
(z) Work place refers to the office, premises and work site where workers are habitually 
16 
employed and shall include the office or place where workers, with no fixed or definite work 
17 
site, regularly report for assigument in the course of their employment. 
18 
19 
SEC. 4. Philippine National AIDS Council. - The Philippine National AIDS Council 
20 
(PNAC), hereinafter referred to as the Council, established under Section 43 of Republic Act No. 
21 
8504, otherwise known as the "Philippine AIDS Prevention and Control Act of 1998", shall be 
22 
reconstituted and strengthened to ensure the implementation of the country's response to the HIV 
23 
and AIDS epidemic. The Council shall be the central policy-making, planning, implementing, 
24 
coordinating and advisory body for Philippine National HIV and AIDS Program. It shall be an 
25 
agency attached to the DOH. 
26 
27 
SEC. 5. Functions o/the PNAC. - The Council shall perform the following functions: 
28 
(a) Develop the National HIV and AIDS Program in colll)boration with relevant 
29 
government agencies and CSOs; 
30 
(b) Ensure the operationalization and implementation of the National HIV and AIDS 
31 
Program; 
32 
(c) Coordinate with government agencies that are mandated to implement the provisions 
33 
of this Act; 
34 
(d) Develop, enforce, and/or ensure the implementation of the guidelines and policies that 
35 
are stipulated in this Act, including other policies that may be necessary to implement the 
36 
National HIV and AIDS Program; 
37 
(e) Monitor the progress ofthe epidemic; 
4 


1 
(f) Monitor the implementation of the National HIV and AIDS Program, undertake mid-
2 
term assessments and evaluate its impact; 
3 
(g) Strengthen the collaboration between government agencies and CSOs involved in the 
4 
implementation of the National HIV and AIDS Program, including the delivery of HIV and 
5 
AIDS-related services; 
6 
(h) Organize itself to enhance the efficiency of the multiagency and multisectoral 
7 
structnre; 
8 
(i) Mobilize domestic and international sonrces of fund to finance the National HIV and 
9 
AIDS Program; 
10 
G) Coordinate and cooperate with foreign and international organizations regarding 
11 
funding, data collection, research, and prevention and treatment modalities on HIV and AIDS, 
12 
and; 
13 
(k) Recommend policy reforms to Congress, the DOH and other government agencies to 
14 
strengthen the country's response to the epidemic. 
15 
16 
SEC. 6. Membership and Composition. - (a) The Council shall be composed of twenty-
17 
six (26) members as follows: 
18 
(I) The Secretary of the DOH; 
19 
(2) The Secretary of the Department of Education (DepED); 
20 
(3) The Chairperson of the Commission on Higher Education (CHED); 
21 
(4) The Director-General of the Technical Education and Skills Development Authority 
22 
(TESDA); 
23 
(5) The Secretary ofthe Department of Labor and Employment (DOLE); 
24 
(6) The Secretary of the Department of Social Welfare and Development (DSWD); 
25 
(7) The Secretary of the Department of the Interior and Local Government (DILG); 
26 
(8) The Secretary of the Department of Justice (DOJ); 
27 
(9) The Director-General of the National Economic and Development Authority; 
28 
(IO)The Secretary ofthe Department of Tourism (DOT); 
29 
(ll)The Secretary of the Department of Budget and Management; 
30 
(12)The Secretary of the Department of Foreign Affairs (DFA); 
31 
(l3)The Head of the Philippine Information Agency; 
32 
(14)The President oftbe League of Governors; 
33 
(15)The President ofthe League of City Mayors; 
34 
(16)The Chairperson of the Committee on Health of the Senate; 
35 
(l7)The Chairperson of the Committee on Health of the House of Representatives; 
36 
(18)Two (2) representatives from organizations of medicallhealth professionals; 
37 
(l9)Six (6) representatives from nongovernment organizations (NGOs) involved in HIV 
38 
and AIDS prevention and control efforts or activities; and 
5 


1 
(20)A representative of an organization of persons living with HIV. 
2 
(b) The heads of government agencies may be represented by an official from their 
3 
respective agencies with a rank not lower than an Undersecretary; 
4 
. (c) The presence of the Chairperson or the Vice Chairperson of the Council, and at least 
5 
seven (7) other Council members and/or permanent alternates shall constitute a quorum to do 
6 
business, and a majority vote of those present shall be sufficient to pass resolutions or render 
7 
decisions; 
8 
(d) To the greatest extent possible, appointment to the Council must ensure sufficient and 
9 
discernible representation from the fields of medicine, education, healthcare, law, labor, ethics 
10 
and social services; 
11 
(e) Except for the ex officio members, the other members of the Council shall be 
12 
appointed by the President of the Philippines; 
13 
(f) The members of the Council shall be appointed not later than thirty (30) days after the 
14 
date of the enactment of this Act; 
15 
(g) The Secretary of Health shall be the permanent Chairperson of the Council. However, 
16 
the Vice Chairperson shall be elected from among the members and shall serve for a term of two 
17 
(2) years, and; 
18 
(h) Members representing medical or health professional groups and the six (6) NGOs 
19 
shall serve for a term of two (2) years, renewable upon recommendation of the Council for a 
20 
maximum of two (2) consecutive terms. 
21 
22 
SEC. 7. Secretariat. - The PNAC shall be supported by a secretariat consisting of 
23 
personnel with the necessary technical expertise and capability who shall be conferred permanent 
24 
appointments, subject to civil service rules and regulations. It shall be headed by an Executive 
25 
Director who shall be under the direct supervision of the Chairperson of the Council. 
26 
The Secretariat shall perform the following functions: 
27 
(a) Coordinate and manage the day-to-day affair of the Conncil; 
28 
(b) Assist in the formulation, monitoring and evaluation of the National HIV and AIDS 
29 
Programs and policies; 
'30 
( c) Provide technical assistance, support and advisory services to the Council and its 
31 
external partners; 
32 
(d) Assist the Council in identifying and building internal and external networks and 
33 
partnerships; 
34 
(e) Coordinate and support the efforts of the Council and its members to mobilize 
35 
resources; 
36 
(f) Serve as the clearing house and repository of HIV and AIDS-related information; 
37 
(g) Disseminate updated, accurate, relevant and comprehensive information about the 
38 
epidemic to Council members, policy makers and the media; 
6 


1 
2 
3 
(h) Provide administrative support to the Council, and; 
(i) Perform other functions as may be provided by the Council. 
4 
SEC. 8. HIV Prevention. - The government shall promote and adopt a range of measures 
5 
and interventions, in partnership with CSOs, that aim to prevent, halt or control the spread of 
6 
HIV, especially among key populations and vulnerable communities. These measures shall 
7 
likewise promote the rights, welfare and participation of persons living with HIV and the 
8 
affected children, young people, families and partners of persons living with HIV. 
9 
(a) Evidence-Informed, Gender-Sensitive, Age-Appropriate and Human Rights-Based 
10 
Preventive Measures. - The HIV and AIDS preventive programs shall be based on up-to-
II 
date evidence and scientific strategies and shall be age-appropriate. The goverument shall 
12 
therefore actively promote safer sex behavior, especially among key populations; safer 
13 
practices that reduce risk of HIV infection; access to treatment; consistent sexual 
14 
abstinence and sexual fidelity; and the consistent and correct use of condom. 
15 
(b) HIV and AIDS Education as a Right to Health and Information. - HIV and AIDS 
16 
education and information dissemination shall form part of the right to health. The 
17 
knowledge and capabilities of all public health practitioners, workers and personnel shall 
18 
be enhanced to include skills for proper information dissemination and education on HIV 
19 
and AIDS: It shall likewise be considered a civic duty of health providers in the private 
20 
sector to make available to the public such information necessary to control the spread of 
21 
HIV and AIDS and to correct common misconceptions about the disease. The training of 
22 
health workers shall include discussions on HIV -related ethical issues such as 
23 
confidentiality, informed consent and the duty to provide treatment. 
24 
(c) HIV and AIDS Education and Information. - The State shall educate the public, 
25 
especially the key populations and vulnerable communities, on HIV and AIDS and other 
26 
sexually transmitted infections, with the goal of reducing risky behavior, lowering 
27 
vulnerabilities, and promoting the human rights of persons living with HIV. 
28 
(1) HIV and AIDS Education for Key Populations and Vulnerable Communities. - To 
29 
ensure that HIV services reach key populations, the State, through the PNAC and in 
30 
collaboration with HIV and AIDS CSOs, shall support and provide funding for HIV and 
31 
AIDS education programs, such as peer education and outreach activities that target key 
32 
populations and vulnerable communities. The PNAC shall likewise craft the guidelines 
33 
for peer education and outreach activities. 
34 
(2) Age-Appropriate HIV and AIDS Education in Schools. - Using official information 
35 
and data from the PNAC, the DepED, the CHED and the TESDA shall integrate basic 
36 
and age-appropriate instruction on the causes, modes of transmission and ways of 
37 
preventing the spread of HIV and AIDS and other sexually transmitted infections in 
7 


1 
subjects taught in public and private schools at intermediate grades, secondary and 
2 
tertiary levels, including nonformal and indigenous learning systems. 
3 
The learning modules that shall be developed to implement this provision shall be done in 
4 
coordination with the PNAC and stakeholders in the. education sector. Referral mechanisms 
5 
including, bnt not limited to, the DSWD Referral System, shall be included in the modules for 
6 
key populations and vulnerable communities. 
7 
All teachers and instructors to be assigned to handle these learning modules shall be 
8 
required to uridergo seminars or'traimngs on HIV and AIDS prevention that shall be supervised 
9 
by the PNAC in coordination with concerned agencies. 
10 
(3) HIV and AIDS Education in the Workplace. - All public and private employees, 
11 
workers, managers and supervisors, including members of the Armed Forces of the 
12 
Philippines (AFP) and the Philippine National Police (PNP), shall be provided with 
13 
standardized basic information and instruction on HN and AIDS, including topics on 
14 
confidentiality in the workplace and reduction or elimination of stigma and 
15 
discrimination. 
16 
In coordination with the PNAC, the Civil Service Commission (CSC) for the public 
17 
sector and the DOLE for the private sector shall implement this provision. The CSC and the 
18 
DOLE shall ensure that the HIV and AIDS education program in the workplace is industry or 
19 
sector-appropriate and shall ensure the full participation of employers and workers in designing 
20 
the content of the program. Referral mechanisms for key populations and vulnerable 
21 
communities shall also be developed and instituted by the CSC and the DOLE in coordination 
22 
with the PNAC. 
23 
(4) HIV and AIDS Education for Filipinos Going Abroad. - In coordination with the 
24 
PNAC, the DFA and the DOLE shall ensure that all overseas Filipino workers, including 
25 
diplomatic, military, trade, labor officials, personnel and their families to be assigned 
26 
overseas, shaH undergo or attend a seminar on HIV and AIDS and shall be provided with 
27 
information on how to access on-site HIV related services and facilities before 
28 
certification for overseas assignment. 
29 
(5) HIV and AIDS Education in Communities. - Through the Local HN and AIDS 
30 
Council (LAC) or the Local Health Board and in coordination with the PNAC, local 
31 
govermnents shall conduct public awareness campaigns on HN and AIDS and shall 
32 
educate local communities, through various channels, on evidence-based, gender-
33 
sensitive, age-appropriate and human rights-oriented prevention tools to stop the spread 
34 
of HIV. For these purposes, the local government units (LGUs) are hereby authorized to 
35 
utilize the Gender and Development (GAD) Funds for HIV and AIDS education in 
36 
communities. 
37 
In coordination with the DSWD, local governments shall also conduct age-appropriate 
38 
HIV and AIDS education for out-of-school youths. 
8 
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(6) InfOlmation for Tourists and Transients. - Educational materials on the cause, modes 
of transmission, prevention and consequences of HIV infection shan be adequately 
provided at an international ports of entry and exit. The DOT, 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 shan ensure that HIV testing is 
voluntary and confidential. An 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: 
(I) 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; 
(2) 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; 
(3) The PNAC shall accredit institutions or organizations that train HIV and AIDS 
counsellors, and; 
(4) The PNAC shall set the standards for HIV counseling and shall work closely with 
HIV and AIDS CSOs that train HIV and AIDS counselors and peer educators. 
(e) Positive Prevention. - The PNAC, in coordination with the DOH, the LGUs and other 
releva~t government ag~~cies, shall support preventi~e 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 behaviour among persons living with HIV; 
(2) 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; 
(3) The establishment of standard precautionary measures in public and private health 
facilities; 
(4) The accessibility of anti-retroviral treatment, management of opportunistic infections, 
and health services related to sexually transmitted infections; and 
(5) 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. 
9 


1 
(f) Hann Reduction. - The DILG and the DOH shall establish a human rights and 
2 
evidence-based HIV prevention policy and program for people who use and inject drugs. 
3 
(g) Preventing Mother-to-Child HIV Transmission. - The DOH shall establish a program 
4 
to prevent mother-to-child HIV transmission that shall be integrated in its maternal and 
5 
child health services. 
6 
(h) Standard Precaution. - The DOH shall establish guidelines on donation of blood, 
7 
tissue or organ, surgical and other similar procedures based on the following principles: 
8 
(1) Donation of tissue or organs, whether gratuitous or onerous, shaH be accepted by a 
9 
laboratory or institution only after a sample from the donee has tested negative for HIV. 
10 
All donated blood shall also be subjected to HIV testing. HIV positive blood shall be 
11 
disposed of properly and immediately. A second testing may be demanded as a matter of 
1'2 
right by the blood, tissue or organ recipient or his immediate relatives before transfusion 
13 
or transplant, except during emergency cases. 
14 
Donations of blood, tissue or organ tested positive for HIV may be accepted for research 
15 
purposes only, and subject to strict sanitary disposal requirements. 
16 
(2) The DOH, in consultation with concerned professional organizations and hospital 
17 
associations, shall issue guidelines on precautions against HIV transmission during 
18 
surgical, dental, embalming, tattooing or similar procedures and guidelines on the 
19 
handling and disposition of cadavers, body fluids or wastes of persons known or believed 
20 
to be HIV positive. The necessary protective equipment such as gloves, goggles and 
21 
gowns shall be made available to all physicians and healthcare providers and similarly 
22 
exposed personnel at all times. 
23 
24 
SEC. 9. Treatment, Care and Support/or Persons Living with HlV and AIDS. - (a) 
25 
National HIV and AIDS Treatment Program. - The DOH shall establish a program to provide 
26 
free and accessible anti-retroviral treatment to all citizens living with HIV and AIDS. Free 
27 
medication for opportunistic infections shall also be provided to persons living with HIV who are 
28 
enrolled in the program. It shall likewise establish or accredit public and private treatment hubs 
29 
and shall have the authority to develop guidelines on the provision of anti-retrovirals. 
30 
(b) Health Insurance. -
The Philippine National Health Insurance Corporation 
31 
(PhilHealth) shall develop an insurance package for persons living with HIV that shall include 
32 
coverage for in-patient and out-patient medical and diagnostic services, including medication and 
33 
treatment. The PhilHealth shall enforce confidentiality in the provision of these packages to 
34 
persons living with HIV. 
35 
No person living with HIV shall be denied of private health and life insurance coverage 
36 
on the basis of the person's HIV status. The Insurance Commission shall implement this 
37 
provision and shall develop the necessary policies to ensure compliance. 
10 


1 
(C) Economic Empowerment and Support. - Persons living with HIV shall not be 
2 
deprived of any employment, livelihood, micro finance, self-help and cooperative programs by 
3 
reason of their HIV status. The DOLE and the DSWD, in coordination with the TESDA and with 
4 
LGUs, shall develop programs to ensure economic empowerment and provide economic support 
5 
to persons living with HIV. 
6 
(d) Care and Support for Persons Living with HIV. - The DSWD shall develop care and 
7 
support programs for persons living with HIV, which shall include peer-led counseling and 
8 
support, social protection, welfare assistance and mechanisms for case management. These 
9 
programs shall include care and support for the affected children, families and partners of 
10 
persons living with HIV. 
11 
(e) Care and Support for Overseas Workers Living with HIV. - The Overseas Workers 
12 
Welfare Administration, in coordination with the DSWD and the DFA, shall develop a program 
13 
to provide a stigma-free comprehensive reintegration, care and support program, including 
14 
economic, social and medical support, for overseas workers who have been repatriated or are 
15 
about to be repatriated due to their HIV status. 
16 
17 
SEC. 10. Stigma Reduction and Human Rights. - The country's response to the HIV 
18 
and AIDS phenomena shall be anchored on the principles of human rights and human dignity, 
19 
and public health concern shall be aligned with the following internationally-recognized human 
20 
rights instruments and standards: 
21 
(a) Prohibition on Compulsory HIV Testing. - As a policy, the State shall encourage 
22 
voluntary HIV testing. However, written consent from the person taking the test must be 
23 
obtained before HIV testing. If the person is below fifteen (15) years of age or is mentally 
24 
incapacitated, such consent shall be obtained from the child's parents, legal guardian, or 
25 
whenever applicable, from the licensed social worker, licensed health service provider, or a 
26 
pOH~accredited health service provider assigned to provide health services to the child. 
27 
In keeping with the principle of "evolving the capacities of the child" as defined in 
28 
Section 3(t) of this Act, HIV testing and counseling shall be made available to a child under the 
29 
following conditions: 
30 
(1) The child, who is above the age of fifteen (15) years but below eighteen (18) years, 
31 
expresses the intention to submit to HIV testing and counseling and other related 
32 
services; 
33 
(2) Reasonable efforts were undertaken to locate, provide counselling to, and to obtain 
34 
the consent of, the parents, but the parents are absent or cannot be located, or otherwise 
35 
refuse to give their consent; 
36 
(3) Proper counseling shall be conducted by a social worker, healthcare provider or other 
37 
healthcare professional, accredited by the DOH or the DSWD, and; 
11 


1 
(4) The licensed social worker, healthcare provider or other healthcare professional shall 
2 
determine that the child is "at higher risk ofHIV exposnre", as defined in Section 3(0) of 
3 
this Act, and that the conduct of the testing and counseling is in the child's best interest 
4 
and welfare. 
5 
(b) Compulsory HIV Testing. - Compulsory HIV testing shall be allowed only in the 
6 
following instances: 
7 
(1) A person is charged with any of the offenses punishable under Articles 264, 266, 335 
8 
and 338 of the Revised Penal Code, as amended by Republic Act No. 8353, otherwise 
9 
known as "The Anti-Rape Law of 1997"; 
10 
(2) The determination of HIV status is necessary to resolve the relevant issues under the 
11 
Family Code; 
12 
(3) To comply with the provisions of Republic Act No. 7170, otherwise known as the 
13 
"Organ Donation Act of 1991"; 
14 
(4) To comply with the provisions of Republic Act No. 7719, otherwise known as the 
15 
"National Blood Services. Act of 1994", and; . 
16 
(5) To comply with requirements of other countries in applying for overseas employment. 
17 
(c) Stigma-Free HIV and AIDS Services. - The PNAC, in cooperation with public and 
18 
private HIV and AIDS service providers and CSOs, and in collaboration with the Commission 
19 
on Human Rights (CHR), shall ensure the delivery of stigma-free HIV and AIDS services by 
20 
government and private HIV and AIDS service providers. 
21 
(d) Testing of Organ Donation. - Lawful consent to HIV testing of a donated human 
22 
body, organ, tissue or blood shall be considered as having been given when: 
23 
(1) A person volunteers or freely agrees to donate his or her blood, organ or tissue for 
24 
transfusion, transplantation or research; 
25 
(2) A person has executed a legacy in accordance with Section 3 of Republic Act No. 
26 
7170,and; 
27 
(3) A donation is executed in accordance with Section 4 of Republic Act No. 7170. 
28 
(e) HIV Anti-Body Testing for Pregnant Women. - A healthcare provider who offers pre-
29 
natal medical care shall make a nonmandatory HIV anti-body testing available for pregnant 
30 
women practicing high risk behavior or are vulnerable to HIV. The DOH shall provide the 
31 
necessary guidelines for healthcare providers in the conduct of the screening procedure. 
32 
(1) Redress Mechanism. - The DOJ and the CHR, in coordination with the PNAC, shall 
33 
develop redress mechanisms for persons living with HIV to ensnre that their civil, political, 
34 
economic and social rights are protected. 
35 
(g) Acts of Discrimination. - The following discriminatory acts shall be prohibited: 
36 
(1) Rejection of job application, termination of employment or other discriminatory 
37 
policies in hiring, provision of employment and other related benefits, promotion or 
12 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
assignment of an individual solely or partially on the basis of actual, perceived or 
suspected HIV status; 
(2) 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; 
(3) Restrictions on travel within the Philippines, refusal of lawful. entry to the Philippine 
territory, deportation from the Philippines, or the quarantine or enforced isolation Df 
travelers solely or partially on the basis of actual, perceived or suspected HIV status; 
(4) Restrictions on housing or lodging solely or partially on the basis of actual, perceived 
or suspected HIV status; 
(5) 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; 
(6) 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; 
(7) Denial of health services, or be charged with higher fee, on the basis of actual, 
perceived or suspected HIV status; 
(8) Denial of burial services for a deceased person who had HN and AIDS or who was 
known, suspected or perceived to be HIV positive, and; 
(9) Other similar or analogous discriminatory acts. 
24 
SEC. 11. Immunity for HIV Educators, Licensed Social Workers, and Other HIVand 
25 
AIDS Service Providers. - Any person involved in the provision of HIV and AIDS services 
26 
including peer educators shall be immune from suit, arrest or prosecution, and from civil, 
27 
criminal or administrative liability, on the basis of their delivery of such services as provided in 
28 
Section 8 hereof, or in relation to the legitimate exercise of protective custody of children, 
29 
whenever applicable. The DOJ, the DILG and the PNP, in coordination with the PNAC, shall 
30 
develop the mechanism for the implementation ofthis provision. 
31 
32 
SEC. 12. Confidentiality. - The State shall guarantee the confidentiality and privacy of 
33 
any individual who has been tested for HlV, has been exposed to HlV, has HN infection or HlV 
34 
and AIDS-related illnesses, or has been treated for HIV-related illnesses. 
35 
(a) Confidential HIV and AIDS Information. - Unless otherwise provided in Section 
36 
l2( c) of this Act, it shall be unlawful to disclose, without written consent, information that a 
37 
person: 
38 
(1) Had an HIV-related test; 
13 


1 
(2) Has HIV infection, HIV -related illnesses or AIDS, or; 
2 
(3) Has been exposed to HIV. 
3 
The prohibition shall apply to any person, natural or juridical, whose work or function 
4 
involves the implementation of this Act or the delivery of HIV-related services, including those 
5 
who handle or have access to personal data or information in the workplace, and who, pursuant 
6 
to the receipt of the required written consent from the subject of confidential HIV and AIDS 
7 
information, have subsequently been granted access to the same confidential information. 
S 
It shall be unlawful for any editor, publisher and reporter or columnist in case of printed 
9 
materials, announcer or producer in case of television and radio broadcasting, producer and 
10 
director of the film in case of the movie industry, to disclose the name, picture or any 
11 
information that would reasonably identify any person living with HIV or AIDS, or any 
12 
confidential HIV and AIDS information, without the prior written consent of their subject. 
13 
(b) Release ofHIV Testing and HIV-Related Test Result. - The result of any HIV testing 
14 
or HIV -related testing shall be released only to the individual who submitted to the test, or the 
15 
spouse, if applicable. If the patient is a minor, an orphan, or is mentally incapacitated, the result 
16 
may be released to either of the patient's parents, legal guardian, or a duly assigned social 
17 
worker, whichever is applicable. 
18 
(c) Exemptions. - Confidential HIV and AIDS information may be released by HIV 
~9 
testing facilities without written 'consent on the following grounds: 
20 
(1) When complying with the reportorial requirements of the national active and passive 
21 
surveillance system of the DOH: Provided, That the information related to a person's 
22 
identity shall remain confidential; 
23 
(2) When informing other health workers directly involved in the treatment or care of a 
24 
person living with HIV: Provided, That such workers shall be required to perform the 
25 
duty of shared medical confidentiality; and 
26 
(3) When responding to a subpoena duces tecum and subpoena ad testificandum issued 
27 
by a Court with jurisdiction over a legal proceeding where the main issue is the HIV 
28 
status of an individual: Provided, That the confidential medical record, after having been 
29 
verified for accuracy by the head of the office or department, shall be properly sealed by 
30 
its lawful custodian, hand delivered to the Court, and personally opened by the judge: 
31 
Provided, further, That the judicial proceedings shall be held in executive session. 
32 
(d) Disclosure to Sexual Partners. - Any person who, after having been tested, is found to 
33 
be infected with the HIV virus, is obliged to disclose this health condition to the spouse or sexual 
34 
partner prior to engaging in penetrative sex or any potential exposure to HIV. A person living 
35 
with HIV may opt to seek help from medical professionals, health workers or peer educators to 
36 
support him in disclosing this health condition to one's partuer or spouse. 
14 


1 
(e) Civil Liability. - Any person who has obtained knowledge of confidential HIV and 
2 
AIDS infonnation and has used such information to malign or cause damage, injury or loss to 
3 
another person may face liability under Articles 19, 20, 21 and 26 of the Civil Code. 
4 
5 
SEC. 13. National HIV and AIDS Program. - A six (6)-year National HIV and AIDS 
6 
Program shaH be fonnulated and periodically updated by the PNAC. The Program shall comprise 
7 
of the following: 
B 
. (a) The COtlntry's targets and 'strategies in addressing the epidemic; 
9 
(b) The prevention, treatment, care and support, and other components of the country 
10 
response; 
11 
(c) The five (5)-year operationalization of the Program and the identification of the 
12 
government agencies that shall implement the Program from the national to the local 
13 
levels, and; 
14 
(d) The budgetary requirements and a corollary investment plan that shall identifY the 
15 
sources of funds for its implementation. 
16 
17 
SEC. 14. National HIV and AIDS and STI Prevention and Control Program of the 
18 
DOH. - The National HIV and AIDS and STI Prevention and Control Program (NASPCP) of the 
19 
DOH, which shall be staffed by qualified medical specialists and support personnel with 
20 
pennanent appointments, shall coordinate with the PNAC for the implementation of the health 
21 
sector's HIV and AIDS and STI response, as identified in the National HIV and AIDS Program. 
22 
23 
SEC. 15. HIV and AIDS Monitoring and Evaluation. - The DOH shall establish a 
24 
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the following 
25 
purposes: 
26 
(a) Detennine and monitor the magnitude and progression of HIV and AIDS in the 
27 
Philippines to help the national response detennine the efficacy and adequacy of HIV prevention 
28 
and treatment programs; 
29 
(b) Receive, collate, process and evaluate all HIV and AIDS-related medical reports from 
30 
all hospitals, clinics, laboratories and testing centers, including HIV -related deaths and ail 
31 
relevant data from public and private hospitals, various databanks or infonnation systems: 
32 
Provided, That it shall adopt a coding system that ensures anonymity and confidentiality, and; 
33 
(c) Submit an annual report to the Office of the President, Congress and members of the 
34 
PNAC the findings of its monitoring and evaluation activities in compliance with this mandate. 
35 
36 
SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. - Misinformation on 
37 
HIV and AIDS through false and misleading advertising and claims, or the promotional 
38 
marketing of drugs, devices, agents or procedures without prior approval from the PNAC, and 
15 


1 
the Food and Drug Administration (FDA) and the requisite medical and scientific basis, 
2 
including markings and indications in drugs and devices or agents, purporting to be a cure or a 
3 
fail-safe prophylactic for HIV infection, shall be prohibited. 
4 
5 
SEC. 17. Prohibition on the Use of Condoms and Other Safer Sex Paraphernalia as 
6 
Basis for Raids and Similar Police Operations. - It shall be unlawful to use the presence of used 
7 
or unused condoms or other safer sex paraphernalia to conduct raids or similar police operations 
8 
in sites and venues of HI V prevention interventions. 
9 
The DILG shall establish a national policy to guarantee the implementation of this 
10 
provision. 
11 
12 
SEC. 18. Penalties. - The following penalties and sanctions shall be 
13 
imposed for the offenses enumerated in this Act: 
14 
(a) Any person found guilty of violating Section 9(b); Section 10(b); Section 10(g); and 
15 
Section 12(a), (b), (c) and (e) of this Act shall suffer the penalty of imprisonment for six (6) 
16 
months to five (5) years and/or a fine of not less than Fifty thousand pesos (P50,000.00) but not 
17 
more than Five hnndred thousand pesos (P500,000.00), without prejudice to the imposition of 
18 
administrative sanctions such as fines and suspension or revocation of the entity's business 
19 
permit, license or accreditation or the individual's license to practice his or her profession. 
20 
(b) Any person who commits any act of discrimination as stipulated in Section 10(g) of 
21 
this Act may face liability nnder Articles 19,20 and 21 of the Civil Code. 
22 
(c) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of 
23 
irnprisorunent for six (6) months to five (5) years and a fine of not less than One hundred 
24 
thousand pesos (PI00,000.00) but not more than Five hundred thousand pesos (P500,000.00): 
25 
Provided, That if the violator is a law enforcer or a public official, administrative sanctions may 
26 
be imposed in addition to the above penalties. 
27 
(d) Any person fonnd guilty of violating Section 16 of this Act shall suffer the penalty of 
28 
imprisorunent for two (2) months to two (2) years, without prejudice to the imposition of 
29 
administrative sanctions such as fines and suspension or revocation of professional or business 
30 
license. 
31 
( e) Any person or any law enforcer fonnd guilty of violating Section 17 of this Act shall 
32 
suffer the penalty of imprisonment for one (1) year to five (5) years and a fme of not less than 
33 
One hundred thousand pesos (PlOO,OOO.OO) but not more than Five hundred thousand pesos 
34 
(P500,000.00). Law enforcers found guilty of violating this section shall be removed from public 
35 
service. 
36 
(f) Any person who knowingly or negligently causes another to get infected with HIV in 
37 
the course of the practice of one's profession through unsafe and unsanitary practice or 
38 
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12) years, 
16 


1 
without prejudice to the imposition of administrative sanctions such as fines and suspension or 
2 
revocation of the license to practice one's profession. The permit or license of any business 
3 
entity and the accreditation of HIV testing centers may be cancelled or withdrawn if said 
4 
establisInnents fail to maintain such safe practices and procedures as may be required by the 
5 
guidelines formulated in compliance with Section 8(h)(2) of this Act. 
6 
The penalties collected pursuant to this section shall be deposited in the National 
7 
Treasury as income ofthe general fund. 
8 
9 
SEC. 19. Duty of Employers, Heads of Government Offices, Heads of Public and 
10 
Private Schools or Training Institutions, and Local Chief Executives. - It shall be the duty of 
11 
private employers, heads of government offices, heads of private and public schools or training 
12 
institutions, and local chief executives over all private establisInnents within their territorial 
13 
jurisdiction, to prevent or deter acts of discrimination against persons living with HIV, and to 
14 
provide for procedures for the resolution, settlement or prosecution of 'acts of discrimination. 
15 
Towards this end, the employer, head of office or local chief executive shall: 
16 
(a) Promulgate rules and regulations prescribing the procedure for the investigation of 
17 
discrimination cases and the administrative sanctions therefor. 
18 
(b) Create a permanent committee on the investigation of discrimination cases. The 
19 
committee shall conduct meetings to increase the knowledge and understanding of HIV and 
20 
AIDS, and to prevent incidents of discrimination. It shall also conduct the administrative 
21 
investigation of alleged cases of discrimination. 
22 
23 
SEC. 20. Congressional Oversight Committee. - To ensure the effective implementation 
24 
of this Act, a Congressional Oversight Committee shall be established, hereinafter referred to as 
25 
the HIV and AIDS Oversight Committee, that shall be composed ofthree (3) members from the 
26 
Senate, who 27shall include the Chairperson of the Senate Committee on Health and 
27 
Demography, and three (3) members from the House of Representatives, who shall inclUde the 
28 
Chairperson of the House Committee on Health. The HIV and AIDS Oversight Committee shall 
29 
be jointly chaired by the Chairpersons of the Senate Committee on Health and Demography and 
30 
the House Committee on Health. 
31 
The oversight committee shall exist for a period not exceeding three (3) years from the 
32 
effectivity of this Act, after which the oversight functions shall be undertaken by the Committee 
33 
on Health and Demography of the Senate of the Philippines and the Committee on Health of the 
34 
House of Representatives. 
35 
36 
SEC. 21. Appropriations. - The initial amount necessary to implement the provisions of 
37 
this Act shall be charged against the current year's appropriation of the PNAC under the DOH. 
17 


1 
Thereafter, such sums as may be necessary for the continued implementation of this Act shaH be 
2 
included in the annual General Appropriations Act. 
3 
4 
SEC. 22. Implementing Rules and Regulations. - The PNAC shall promulgate the 
5 
necessary implementing rules and regulations within sixty (60) days from the effectivity of this 
6 
Act. 
7 
8 
SEC. 23. Transitory Provision. -
The personnel designated by the DOH as the 
9 
Secretariat of the PNAC under Section 47 of Republic Act No. 8504 shaH be absorbed as 
10 
permanent personnel to fulfill the Secretariat functions stipulated in this Act. 
11 
12 
SEC. 24. Separability Clause. - Any portion or provision of this Act that may he 
13 
declared unconstitutional or invalid shall not have the effect of nullifying the other portions and 
14 
provisions hereof as long as such remaining portions or provisions can still subsist and be given 
15 
effect in their entirety. 
16 
17 
SEC. 25. Repealing Clause. -
Republic Act No. 8504, otherwise known as the 
18 
"Philippine AIDS Prevention and Control Act of 1998" and aU decrees, executive orders, 
19 
proclamations and administrative regulations or parts thereof inconsistent herewith are hereby 
20 
repealed, amended or modified accordingly. 
21 
22 
SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
23 
publication in any national newspaper of general circulation. 
Approved, 
18