NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SENATE
S. No. 689
of till’ ^rn-etnrp
72 JUL18 AlO *09
RKCEiVED 3V.
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
REGULATING THE DONATION AND TRANSPLANTATION OF HUMAN 
ORGANS AND TISSUES FROM LIVING DONORS
EXPLANATORY NOTE
At the outset, Republic Act No. 7170 authorizes the legacy or donation of all 
or part of a human body after death for specified purposes. The law recognizes that 
an individual has the option to become a hero, so to speak, via a will or other 
document said individual executed or through the decision of his/her next of kin. 
Hence, a mechanism has been set up to legitimize the donation of organs to take 
effect after death.
Moreover, in fulfillment of the country's commitment to the 63rd World Health 
Assembly and the Istanbul Declaration 2008, the government set up a national 
system of promoting organ donation from deceased donors and sharing of grafts 
through the Philippine Network for Organ Sharing or PHILNOS. The network aims at 
Implementing a system of timely referral and processing of potential multiple organ 
donors, the equitable allocation and efficient procurement and transplantation of 
organs from them. It bears stressing, however, again that what is promoted 
presently is only deceased organ donation.
But, how about living organ donation? To date, there Is no law addressing this 
specific concern. True, there is Republic Act No. 9208, otherwise known as the 
Ant-Trafficking in Persons Act of 2003 which punishes the exploitative removal or


sale of organs as an act of trafficking. Thus, it raises the question; how about 
non-exploitative or when it may be considered as a valid act of donation.
The ratio between living and deceased donors cannot be over-emphasized. 
Statistics show that from 1999 to 2009, there has been an average of 178 (92.7%) 
living kidney donors as compared to 14 (7.3%) deceased donors for Filipino 
recipients. Out of the 178,102 (57%) are living non-related donors while 76 (43%) 
are living related donors. Meanwhile, there are 9,184 Filipinos suffering from 
end-stage renal diseases, and only 477 (roughly 5%) of whom have undergone 
kidney transplant. Globally, every year, a million people develop end-stage renal 
disease but only a fraction of those receive any kind of renal placement therapy and 
even fewer receive kidney transplants. In fact, currently, there are 48 pay patients 
and 20 service patients on the active waiting list of the Human Organ Preservation 
Effort of the National Kidney and Transplant Institute (HOPE-NKTI), while there are 
413 pay patients and 95 service patients on the Inactive waiting list on the same 
hospital. Annually, 5 active pay patients, 3 active service patients, 10 inactive pay 
patients and 10 inactive service patients die while on the waiting list. For this reason, 
the demand for kidney donation is high.
It is undeniable that there are other successful strategies to expand kidney 
donor pools Including passing around presumed-consent law, use of non-heart 
beating deceased donors, encouraging live donors, accepting non-directed kidney 
donations. Trends, globally however, prove that the waiting list for renal transplants 
has not significantly declined despite these efforts, with the single exception of the 
latest strategy, meaning, accepting non-directed type of living donation, which 
happened In Iran.
It is thus submitted that the availability of the source of the supply of organs 
should not be restricted to deceased donors but should include living and willing 
donors. It cannot be denied that living donors far outnumber the deceased ones and 
this situation can be taken advantage of, provided proper parameters are observed. 
These parameters must, in the end, not only increase potential donors but equally


important is that it must help curb or curtail illegal organ commerce that only 
degrades the person of the donor but may also endanger their very lives leading 
therefore to exploitation.
In a country such as ours, culture and religion play important roles in 
decision-making. It is however submitted that becoming an organ or tissue donor is 
a personal decision. A decision that must likewise be guided by the constant fact 
that organ and tissue donations save lives and that in no instance should 
exploitation of either the donor or recipient be countenanced.
This bill, in the higher interest of public health, therefore, primarily ensures 
that the availability of organs and tissues, for donation, from living and willing 
donors. Is carefully supervised and regulated. Supervision and regulation which 
includes the grant of reasonable support to donors, to include medical care, or 
educational, economic or livelihood projects, or other forms of assistance to promote 
the well-being of these donors.
In view of the foregoing, the approval of this bill is earnestly sought.
RAMOI^BONG REVILLA, JR.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
s.No. 689
iMii
of tij?
H JUL 18 A10:09
RECEIVED BY.
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
REGULATING THE DONATION AND TRANSPLANTATION OF HUMAN 
ORGANS AND TISSUES FROM LIVING DONORS
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Tide. - This Act shall be known as the ''^Living Organ Donors Act of
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2022".
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Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State to
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promote and protect the health of its people and, in line with this policy, the State
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shall enact measures creating programs including but not limited to:
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(a) Recognizing and regulating the donation of human organs and tissues
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of living donors to prevent their exploitation and, more importantly,
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ensure their legal entitlement to reasonable medical support and other
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forms of assistance;
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(b) Granting patients with end-stage diseases access to human organs for
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transplantation but at the same time ensuring that there is equitable
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distribution in the allocation of available organs among qualified
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recipients;
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(c) Encouraging donation of human organs and tissues, most especially the
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directed living donation, without giving undue prejudice to non-directed
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or directed living donation, and taking into consideration respect for the
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dignity of human life, beneficence and non-maleficence, solidarity and
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volunteerism, justice and equity;


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(d) Developing and maintaining a national registry and reporting system of 
donors and recipients of human organs and tissues, and the continuous 
evaluation of the system.
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall have 
the following meanings:
(a) Human Organ or Tissue refers to the kidney, liver, heart, lung, pancreas, bone 
marrow, cornea, eye, bone, skin, nerve, muscle tissue and any other human 
organ or tissue that may be transplanted to another living person.
(b) Donation of Organ or Tissue refers to a voluntary act of a person to give his 
organs or tissues gratuitously in favor of another, who accepts it. In this case, 
the recipient shall have no demandable or enforceable right over the organ or 
tissue donated and in gratitude or acknowledgement of the donation, give 
anything of value to the donor.
(c) ReiatedDonors refers to relatives by consanguinity up to the fourth civil degree.
(d) Non-Reiated Donors i nclude the fol lowi ng:
(i) Those who are related by consanguinity beyond the fourth civil 
degree;
Those not related within the fourth degree of family;
Those not related by consanguinity or affinity but bear emotional ties 
with the organ or tissue recipient (e.g. friends, employees or 
employers, colleagues, fiance/fiancee); and 
Strangers
(e) Directed Living Donors refer to donors who have a specific recipient in mind 
whom he would want to donate to.
(f) Non-directed Living Donors refer to donors who would donate to whoever 
matches on a list of waiting patients for organ transplants.
(g) Transpiant Facility refers to a facility or hospital in which the transplant shall 
whoever matches on a list of waiting patients for organ transplant.
{\f) Indigent refers to an individual who has been certified by the local branch of 
the Department of Social Welfare and Development of the area in which he/she 
is a resident to be belonging to that sector living or earning below the poverty
(ii)
(iii)
(iv)


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threshold as determined from time to time by the National Economic and 
Development Authority.
(i) Medical Care refers to medicines and laboratory examinations necessary to be 
made for the purpose of, and pursuant to, transplantation. It however does not 
include expense for the treatment of unrelated medical illness that is discovered 
during evaluation procedures.
Sec. 4. Acceptable Living Donations. - Any individual, at least twenty one (21) 
years of age, of sound mind, who underwent screening and counselling procedures 
and has been found suitable as living door based on the physical and psychological 
evaluation and assessments made by the physicians of the transplant facility who are 
not in any way directly connected with the transplant, and thus fully understands the 
risks, benefit and consequences of transplanting organs and tissues from his/her body, 
may so donate by way of written consent to such removal for purposes of transplanting 
the same to another living human body. Such informed consent shall be in a document 
witnessed by a relative of the donor and two (2) physicians neither of whom shall be 
a member of the team of medical practitioners who will effect the removal of the organ 
or tissue from the donor's body nor the physician or transplant team attending to the 
recipient of the organ to be removed.
In no instance shall a minor be made a donor of any organ or tissue to anybody. 
Further, no transplant shall be undertaken if it will result in a physical and/or 
psychological harm to the donor. Furthermore, an individual is allowed to donate only 
one organ or tissue in his/her lifetime. Finally, a foreigner is not allowed to become a 
recipient of any organ or tissue unless it can be shown that he/she is a former Filipino 
citizen or that the potential donor is related to the said former Filipino foreigner by 
consanguinity within the fourth degree.
Sec. 5. Choice of Type of Donation. - It shall be the choice of the donor whether 
to make a non-directed or directed type of donation, taking into consideration the 
following:
(a) In making a non-directed type of living donation, a non-indigent donor is to 
proceed to an accredited transplant facility of his/her choice, bringing with 
his a verified certification from two (2) physicians to the effect that he/she 
is physically and medically fit to donate the organ of his/her choice. The


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said transplant facility shall then conduct the required pre-transplant
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psychological screening to determine his/her suitability for donation. The
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cost of the screening shall be free of charge. If found suitable to make the
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donation, the transplant facility shall then register the name of the potential
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donor in the Philippine Organ Donor and Recipient Registry System
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(PODRRS) maintained by the Department of Health for matching with a
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recipient. In case of an indigent donor intending to make a non-directed
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living donation, he/she shall proceed to an accredited government
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transplant facility which shall conduct initially a psychological screening, as
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advertised to in Section 4 thereof to determine his mental fitness to make
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such a donation. If found suitable, the same government transplant facility
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shall subject the potential donor to a test to determine his physical fitness
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to undergo the donation. In both cases of screening and physical testing,
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the procedure shall be free of charge. If the potential donor is finally found
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psychologically, mentally and physically fit to make the donation, his/her
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name shall then be registered by the same transplant facility in the PODRRS
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for matching with a recipient.
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It is understood that a non-directed living donor makes such donation out
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of mere altruism but a grateful recipient who, after the transplant, had
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knowledge of the identity of his/her donor, is not precluded from giving
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financial assistance to the latter.
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(b)In making a directed type of living donation, the potential donor shall
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undergo psychological, mental and physical tests to determine his/her
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fitness to become a donor, the costs of all which shall be borne by the
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intended recipient, unless the recipient is an indigent in which case the said
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tests shall be conducted free of charge in the government transplant facility
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in which the indigent is to be scheduled for transplant.
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Sec. 6. Requirement of Registration. - All patients in transplant shall also
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register themselves in the Philippine Organ Donor and Recipient Registry System
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(PODRRS) maintained by the Department of Health (DOH).
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Sec. 7. Duty of Non-indigent Recipients. - In all cases of living donation,
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whether directed or undirected, and notwithstanding any agreement to the contrary,


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it shall be the responsibility of the non-indigent recipient to shoulder the cost of the
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transplantation procedure and pre and postoperative medical care of the donor, who
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has been found suitable mentally and physically to make the donation.
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Further, the recipient shall cause the name of the donor to be registered in the
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registry of the PODRRS. Furthermore, the recipient is obliged to shoulder the expenses
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of travel and housing, if any, and lost wages, if applicable and other related expenses
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in connection with the donation. Finally, the recipient shall be made to answer
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financially, wholly or partly depending on their agreement, for any subsequent disease
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that may be developed by the donor in connection with the organ or tissue donated.
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Nothing in this Act, however, shall proscribe the voluntary act of the recipient
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in providing additional assistance to the family of the donor either through livelihood
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projects and/or educational support to the family of the donor.
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Sec. 8. Duty of the State. - If the organ or tissue recipient is indigent, as
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certified to by the local branch of the Department of Social Welfare and Development
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of the area where the recipient is a resident, the actual transplant shall be made in
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any of the accredited government transplant facilities and the pre and postoperative
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medical care of the donor shall be shouldered by the said transplant facility while the
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expenses of travel and housing, if any, and lost wages, if applicable, shall be
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shouldered by the local government of which the recipient is a resident.
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The local government unit concerned as well as the district representative of
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the place where the donor is a resident shall likewise, as far as practicable, provide
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preferential assistance in terms of educational, scholarship or other non-monetary
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benefits to the family of the donor and/or his next of kin.
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Sec. 9. Duty of Donors. - In all cases, it shall be the duty of the donor, for his
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own protection, to ensure and verify that his name is registered in the national registry
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of donors maintained by the PODRRS.
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Sec. 10. Incentives for Donors. - An organ or tissue donor shall be entitled to
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a leave of absence with pay for the period of his confinement for purposes of actual
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transplantation and post-transplant recovery for a period not to exceed fifteen (15)
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working days.
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Should the donor develop a disability, as defined under the Social Security and
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Government Service Insurance System charters, resulting from the transplantation


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procedure, he/she shall be entitled to a disability pay, as therein defined and 
computed.
Further, should the donor eventually develop a disease or sickness 
necessitating a transplant, the said donor shall be given priority in the registry of 
potential recipients.
Furthermore, airiine companies are to provide at least ten percent (10%) 
discount on airfare of potential donors, on their way to and from the actual transplant 
operation, who have been found suitable, mentally and physically to make the 
donation.
Finally, pharmaceutical companies and their distributors ensure that at least a 
ten percent (10%) discount is likewise provided for post-transplant and transplant- 
related medicines personally consumable by the donors.
Sec. 11. Unlawful Act. - It is hereby declared unlawful and punishable in its 
severest from any act of any third person tending to broker, negotiate or engage in 
transactions that will lead or cause to lead the transplant of any organ from one person 
to another, whether for a fee or for free.
SEC. 12. Philippine Network for Organ Sharing. - The Department of Health- 
established Philippine Network Organ Sharing (PHILNOS) which promotes organ 
donation from deceased donors is hereby recognized but in addition, it shall also come 
up with mechanisms and guidelines on living organ donors, as herein provided.
The DOH shall report to Congress before June 30 of every year the analysis of 
information derived from the registry.
Sec. 13. Regulatory Authority. - The Department of Health shall be responsible 
for the following:
(a) Implementing the provisions of this Act:
(b) Issuing guidelines relative to the process of donor-screening and 
evaluation as well as donor and recipient pre and post-transplant 
counselling;
(c) Issuing guideline on the accreditation of transplant facilities, whether 
government or private, thereby ensuring that all necessary 
equipment and facilities are available as well as guaranteeing that


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the transplant team have the necessary expertise and experience in 
conducting the same;
(d) Issuing guidelines relative to the duties of hospitals and their 
respective physicians relative to the conduct of transplant and all its 
necessary incidents.
Sec. 14. Penalties for Violation. -
(a) A non-indigent recipient who fails to perform any of the mandatory 
duties mentioned in Section 7 hereof as well as the local chief executive 
and responsible officers of the local government unit concerned, the 
officials and employees of hospitals and companies directly involved 
under Sections 8 and 10 respectively hereof shall be held individually 
liable and suffer the following penalties:
i. Fine of not less than One Hundred Thousand Pesos (PlOO,000.00) 
but not exceeding Five Hundred Thousand Pesos (P500,000.00) 
or imprisonment of not less than one (1) year but not more than 
five (5) years, or both, at the discretion of the court.
ii. For any subsequent violation in case of public and private 
corporations, a fine of not less than Two Hundred Thousand 
Pesos (P200,000.00) but not exceeding Six Hundred Thousand 
Pesos (P600,000.00) or imprisonment for not less than two years 
but not more than six (6) years, or both, at the discretion of the 
court.
Upon filing of an appropriate complaint, and after notice and 
hearing, the proper authorities may also cause the cancellation or 
revocation of the business permit, permit to operate, franchise 
and other similar privileges granted to any business entity that 
fails to abide by the provisions of this Act.
(b) Any person found guilty of violating the provisions of Section 11 
hereof shall be penalized with imprisonment for not less than six (6) 
years nor more than twelve (12) years and fine in an amount less 
than Five Hundred Thousand Pesos (P500,000.00) nor more than 
One Million Pesos (P1,000,000.00).


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Sec. 15. Funding. - An amount not exceeding Fifty Million Pesos
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(PSO/OOO,000.00) annually is hereby set aside from the charity funds of the Philippine
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Charity Sweepstakes Office to cover the financial requirements of this Act.
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Sec. 16. Repealing Cause. - Ail Acts or parts of Acts, executive orders and their
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implementing rules inconsistent with the provisions of this Act are hereby repealed,
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amended or modified accordingly.
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Sec. 17. Separability Cause. - If any provision of this Act is declared invalid,
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the remainder of this Act or any provisions not affected thereby shall remain in force
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and effect.
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Sec. 18. Effectivity. - This Act shall take effect after fifteen (15) days from
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publication in two newspapers of general circulation.
Approved,