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

Thirteenth Congress
First Regular Session

HOUSE BILL NO. - 48

Introduced by Honorable Constantino G. Jaraula

EXPLANATORY NOTE

This Bill was filed with the 11° Congress as House Bill No. 12896 and the 12"
Congress as House Bill No. 1203, with the following Explanatory Note:

“This Bill seeks to prohibit human cloning in the country and to provide penalties
for violation thereof.

“For several years now, development in gene-splicing techniques have given
scientists remarkable opportunities to understand the molecular basis of how a cell
functions, not only in diseases, but in everyday activities as well. Rapid advances: in
chromosome mapping and other DNA techniques brought about a new effort called
Human Cloning.

“This technology is expected to take {5 years to complete the initial process alone.
But it is reported that U.S. and Chinese scientists are to come out with human cloning in
three years. The question on whether its benefits actually outweigh the risks, as well as
ethical and moral values, becomes pressing and timely. It must be addressed now.

“Critics have expressed several valid concems about human cloning, one of which
is its harm to people who may be used as objects of experiments and to children who may
be created in this manner, particularly the psychological barm associated with a
diminished sense of individuality and personal autonomy. Others expressed concern about
the degradation in the quality of parenting and family life.

“Beyond the issue of the safety of the procedure, however, people have expressed
fears that the widespread practice of human cloning would undermine important social
value by tempting some to manipulate others as if they were objects instead of persons.
Arrayed against these concems are other important social values, such as protecting the
widest possible sphere of personal choice, particularly in matters pertaining to procreation
and child rearing, maintaining privacy and the freedom of scientific inquiry.



“There have also been questions raised on gene piracy. According to reliable
reports from the ‘University of the Philippines, scientists posing as anthropologists have
been gathering tissue samples from ethnic communities in the Luzon region known for
their immunity to cancer and diabetes. Thus, there has been rampant exploitation in
pursuit of dominance over the gene race.

“Thus, due to the foregoing considerations, this representation believes that at this
time, it is morally unacceptable for anyone in the public or private sector, whether in a
research or clinical setting, to attempt to clone a human being. Aside from the fact that
current scientific information indicates that this technique is not safe {o use in humans at
this point, it would also violate important ethical obligations.”

In view of the foregoing, approval of this bill, which was filed before the 12°

Congress but was not acted upon at the time of its adjou Mt, is earnestly
recommended.

CONSTANTII JARAULA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manita
Thirteenth Congress
First Regular Session

House Bit. No. 248

Introduced by Honorable Constantino G. Jaraula

AN ACT
PROHIBITING HUMAN CLONING IN THE PHILIPPINES AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.

Be it enacted by the Senate and the House of Representatives of the Philippines in

Section 1. Title - This Act shall be known as the “Cloning Prohibition Act of
2001.”

Section 2. Declaration of Policy ~ It is the policy of the State to value the dignity
of every human person and guarantee full respect for human rights. The State recognizes
the sanctity of family life, and is committed to protect and strengthen the family as a basic
autonomous social institution. Towards this end, the government must and shall ban the
conduct of human cloning since every human being has intrinsic dignity and worth which
must be preserved, respected and safeguarded.

Section 3. Prohibition ~ It shall be unlawful to conduct or undertake human
cloning in the Philippines, even on an experimental basis.

For purposes of this Act, human cloning shall mean a method involving the
production of a group of genetically identical cells or organisms derived from a single
individual. It shall encompass or include any activity or overt act designed directly
towards human cloning,

Section 4. Penalty. - Any person who violates this Act shall be punished, upon
conviction, by a fine of not Jess than Fifty Thousand Pesos (P50,000) nor more than Five
Hundred Thousand Pesos (P500,000), or by imprisonment of not less than Five (5) years
nor more than Ten(10) years, or both such fine and imprisonment at the discretion of the
court. If the violation is committed by a corporation or association, its President,
Manager, Director or head shall be made liable therefor. If the violation is committed by
an alien, he/she shall fully serve the sentence and pay the fine, and thereafter he/she shall
be deported immediately without further proceedings, and shall be forever barred from
entry to the country.



Section 5. Implementing Rules and Regulations. - Within sixty (600 days from the
effectivity hereof, the Department of Health in coordination with the Department of
Science and Technology shall issue the rules and regulations necessary for the effective
implementation of this Act.

Section 6, Repealing Clause. - All laws, decrees, orders, rules and regulations or
any part thereof which are inconsistent herewith are hereby repealed or amended
accordingly.

Section 7. Effectivity. — This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in any two (2) national newspapers of
general circulation.

Approved,