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Republic of the Philippines FEB
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 9145

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

While the HIV and AIDS situation in the Philippines is still considered low, the country is
one of only seven (7) countries globally where the number of new HIV cases has increased
by over 25 percent ftom 2001 to 2009. Based on the November 2016 HIV/AIDS and ART
Registry of the Philippines (HARP), there are now twenty-six (26) new cases compared to
one (1) new case per day in 2008, The data is alarming considering that from the daily 26
newly-diagnosed cases, 29% were from the youth group aged 15 to 24 years old.

‘The National Youth Commission (NYC) in December 2016, sounded the alarm that the
country’s new generation of youth is now faced with the epidemic. The clamor for a
comprehensive multi-sectoral approach to address the problem has intensified as the
incidence of new infections among the youth is described as “fast and furious”,

From January to November 2016, a total of 8,514 new HIV infections were recorded by the
HIV/AIDS and ART Registry of the Philippines (HARP). To date, the total number of
people living with HIV (PLHTV) in the country now stands at 38,872. The government and
all other concerned sectors must take drastic coordinated actions to address the situation,

Meanwhile, the HIV and AIDS problem in the country is no longer confined to health alone
but a developmental problem that also concerns other factors such as economic, political, and
social ~ making it more complicated.

Presently, the Government is spending Php1.6 Billion for Out-Patient HIV Treatment
Package (OHAT). Part of the package is covered by PhilHealth, however, much of the
amount required is shouldered by the Government, Projected cost in 2022 is a staggering
Php4.72 Billion while the cost will rise up to Php15.2 Billion in 2030.

‘The factors identified why the youth continues to be infected includes: a) risky behavior starts
early while access to services are delayed; and b) the youth does not have adequate
information and access to reproductive health.

The legal framework to address the HIV and AIDS situation in the country is not adequate.
The RA 8504 or the Philippine HIV Prevention and Control Act enacted in 1998 once hailed
as a model legislature is no longer effective due to the increasing rate of infection. The law
has since been outdated with the fast-paced spread of the disease.


During the last 15" and 16" Congress, legislators have failed to immediately enact relevant
measures to help curb the spread of HIV and AIDS in the country. The problem of HIV and
AIDS is everyone’s concern. Legislative measures and multi-sectoral and comprehensive
approach to the problem are key in combating HIV and AIDS in the country.

Hence, the passage of this Bill is earnestly sought.

C, MENDOZA
ICP Party-Lis

Representative,


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 145

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA_

AN ACT

STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON
HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED
IMMUNE DEFICIENCY SYNDROME (AIDS) PREVENTIO!
TREATMENT, CARE, AND SUPPORT, AND ESTABLISHING THE
PHILIPPINE NATIONAL HIV AND AIDS PLAN, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO, 8504, OTHERWISE KNOWN AS
THE "PHILIPPE 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:

Section 1. Short Title. - This Act shall be known as the "Philippine HIV and AIDS
Act".

Section 2. Declaration of Policies. —The Human Immunodeficiency Virus (HIV)
and Acquired Immune Deficiency Syndrome (AIDS) are public health concerns that
have wide-ranging social, political, and economic repercussions. Responding to the
HIV and AIDS epidemic is therefore imbued with public interest and shall be
anchored on the principles of human rights and human dignity. Accordingly, the State
shall:

(a) Establish policies and programs to prevent the spread of HIV and deliver
treatment, care, and support services to Filipinos living with HIV in accordance
with evidence-based strategies and approaches that follow the principles of
human rights, gender-responsiveness, and meaningful participation of
communities affected by the epidemic;

(b) Adopt a multi-sectoral approach in responding to the HIV epidemic by
ensuring that local communities, civil society organizations, and persons living
with HIV are at the center of the process;


(c) Remove all barriers to HIV and AIDS-related services by eliminating the
climate of stigma that surrounds the epidemic and the people directly and
indirectly affected by it; and

(d) Positively address and seek to eradicate conditions that aggravate the spread
of HIV infection, which include poverty, gender inequality, prostitution,
marginalization, drug abuse and ignorance.

Respect for, protection of and promotion of human rights is the comerstone of an
effective response to the HIV epidemic. Towards this end, the state shall ensure the
delivery of non-discriminatory HIV and AIDS services by government and private
HIV and AIDS service providers and develop redress mechanisms for persons living
with HIV to ensure that their civil, political, economic and social rights are protected.

HIV and AIDS education and information dissemination shall likewise form part of
the right to health. And unless otherwise provided in this Act, the confidentiality,
anonymity, and voluntary nature of HIV testing and HIV-related testing shall always
be guaranteed and protected by the State.

Policies and practices that discriminate on the basis of perceived or actual HIV status,
sex, gender, scxual orientation, gender identity, age, economic status, disability, and
ethnicity hamper the enjoyment of basic human rights and freedoms guaranteed in the
constitution and are deemed inimical to national interest

Section 3. Definition of Terms. — As used in this Act, the following terms are
defined as follows:

(a) "Acquired Immune Deficiency Syndrome (AIDS)" — a condition
characterized by a combination of signs and symptoms, caused by HIV
contracted from another person and which attacks and weakens the body's
immune system, making the afflicted individual susceptible to other life-
threatening infections

(b) "Anonymous Testing" — refers to an HIV testing procedure whereby the
individual being tested does not reveal his/her true identity. An identifying
number or symbol is used to substitute for the name and allows the laboratory
conducting the test and the person on whom the test is conducted to match the
test results with the identifying number or symbol.

(©) Cwvil Society Organizations refers to the wide array of non-governmental
and non-profit organizations that has presence in public life, expressing the
interests and values of their members or their community based on ethical,
cultural, political, scientific, religious, or philanthropic considerations.

(a) Comprehensive Health Intervention for People Who Inject Drugs ~refers to
evidence-based policies, programs and approaches that aim to reduce
transmission of HIV and its harmful consequences on health, social relations
and economic conditions;


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(e) "Compulsory HIV Testing" — refers to HTV testing imposed upon a person
attended or characterized by the lack of or vitiated consent, use of physical
force, intimidation or any form of compulsion

(8 "Contact Tracing" — refers to the method of finding and counseling the
sexual partner(s) of a person who has been diagnosed as having sexually
transmitted disease.

() “Discrimination” - refers to any action taken to distinguish, excludes,
restricts, or shows preferences based on HIV status, whether actual or
perceived, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise by all persons similarly situated, of all
rights and freedoms;

(h) “Evolving Capacities of Children” — refers to the concept enshrined in
Article 5 of the Convention of the Rights of the Child recognizing the
developmental changes and the corresponding progress in cognitive abilities
and capacity for self-determination undergone by children as they grow up,
thus requiring parents and others charged with the responsibility for the child
to provide varying degrees of protection and to allow their participation in
opportunities for autonomous decision-making in different contexts and
across different areas of decision-making,

(i) “Gender Identity” ~ refers to a person's internal and individual experience
of gender that may or may not correspond with the sex assigned at birth,
including the person's sense of the body, which may involve, if freely chosen,
modification of bodily appearance or function by medical, surgical and other
means, and experience of gender, among them, dress, speech, and mannerism.

()) “High-Risk Behavior” — refers to a person's engagement in activities that
increase the risk of transmitting or acquiring HIV.

(k) “High-Risk Occupation” - refers to occupations which pose a high-risk of
transmission of HIV, AIDS and STIs,

(1) "Human Immunodeficiency Virus (HIV)" — refers to the virus which
causes AIDS.

(m) “HIV and AIDS Counselor” ~ refers to any individual trained by an
institution or organization accredited by the Department of Health (DOH) to
provide counseling services on HIV and AIDS with emphasis on behavior
modification.

(n) "HIV/AIDS Monitoring” — refers to the documentation and analysis of the
number of HIV/AIDS infections and the pattern of its spread.

(0) "IIIV/AIDS Prevention and Control” — refers to measures aimed at
protecting non-infected from contracting HIV and minimizing the impact of
the condition of persons living with HTV.


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(p) "HIV-Positive" — refers to the presence of HIV infection as documented
by the presence of HIV or HIV antibodies in the sample being tested.

(q) "HiV-Negative" — denotes the absence of HIV or HIV antibodies upon
HIV testing.

(1) "HIV Testing" — refers to any facility-based or mobile medical procedure
that is conducted to determine the presence or absence of HIV in a person's
body. HIV testing is confidential, voluntary in nature and = must _—_be
accompanied by counseling prior to, and after the testing, and conducted
only with the informed consent of the person to be/being tested. For all
provisions of testing, informed consent should always be stated,

(s) "HIV Transmission" — refers to the transfer of HIV from one infected
person to an uninfected individual, most commonly through sexual
intercourse, blood transfusion, sharing of intravenous needles and during
pregnancy

(t) "Informed Consent" — refers to the voluntary agreement of a person to
undergo or be subjected to a procedure based on full information, whether
such permission is written, conveyed verbally, or expressed indirectly

(u) “Key Populations” - refers to affected populations at higher risk of HIV
exposure — as determined by the Philippine National AIDS Council (PNAC),
whose behavior make them more likely to be exposed to. HIV or to transmit
the virus.

(v) "Medical Confidentiality" — refers to the relationship of trust and
confidence created or existing between a patient or a person with HIV and his
attending physician, consulting medical specialist, nurse, medical technologist
and all other health workers or personnel involved in any counseling, testing
or professional care of the former; it also applies to any person who, in any
official capacity, has acquired or may have acquired such confidential
information.

(w) "Person with HIV" — refers to an individual whose HIV test indicates,
directly or indirectly, that he/she is infected with HIV.

(x) "Pre-Test Counselling" — refers to the process of providing an individual
information on the biomedical aspects of HIV/AIDS and emotional support to
any psychological implications of undergoing HIV testing and the test result
itself before he/she is subjected to the test.

(y) "Post-Test Counselling" — refers to the process of providing risk-
reduction information and emotional support to a person who submitted to
HIV testing at the time that the test result is released.

(2) "Prophylactic" — refers to any agent or device used to prevent the
transmission of a disease


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(aa) "Sexually Transmitted Diseases" — refers to any disease that may be
acquired or passed on through sexual contact.

(bb) "Voluntary HIV Testing” — refers to HIV testing done on an individual
who, after having undergone pre-test counseling, willingly submits
himselt7herself to such test.

(cc) "Window Period" — refers to the period of time, usually lasting from two
(2) weeks to six (6) months, depending on the test used, during which an
infected individual will test “non reactive” upon HIV testing but can actually
transmit the infection.

ARTICLE I
EDUCATION AND INFORMATION

Section 4. Education and Prevention Program. - There shall be an HIV and AIDS
Education and Prevention Program that shall educate the public on HIV and AIDS as
well as other STI’s with the goal of reducing high risk behavior, lowering
vulnerabilities. and promoting the human rights of persons living with HIV, The
Philippine National Aids Council (PNAC) shall promote and adopt a range of
measures and interventions, in consultation with CSOs that aim to prevent, halt, or
control the spread of HIV in the general population, especially among the key
populations and vulnerable communities, These measures shall likewise promote the
tights, welfare, and participation of persons living with HIV and the affected children,
young people, families and partners of persons living with HIV.

The HIV and AIDS education and prevention programs shall be age-appropriate and
based on up-to-date evidence and scientific strategies, and shall actively promote:

(a) Safer sex practices among the general population, especially among key
populations;

(b) Safer sex practices that reduce risk of HIV infection;

(c) Universal access to evidence-based and relevant information and education,
and medically safe, legally affordable, effective and quality treatment;

(d) Sexual abstinence and sexual fidelity; and

(e) Consistent and correct condom use and other applicable methods of
reproductive health.

Section 5. HIV/AIDS Education in the Workplace, — All public and private
employers’ employees, including members of the Armed Forces of the Philippines
(AFP) and the Philippine National Police (PNP), shall be regularly provided with
standardized basic information and instruction on HIV and AIDS, including topics on
confidentiality in the workplace and reduction or elimination of stigma and
discrimination.

The DOLE for the private sector and the Civil Service Commission (CSC) for the
public sector and the AFP and PNP shall implement this provision.

Section 6. IHV/AIDS Education for Filipinos Going Abroad, — The State shall
ensure that all overseas Filipino workers and diplomatic, military, trade, and labor

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officials and personnel to be assigned overseas shall undergo or attend a seminar on
the cause, prevention and consequences of HIV/AIDS before certification for
overseas assignment. The DOLE or the Department of Foreign Affairs (DFA), the
Department of Tourism (DOT) and the Department of Justice (DOJ) through the
Bureau of Immigration (BI), as the case may be, in collaboration with the DOH, shall
oversee the implementation of this Section.

Section 7. Information Campaign for Tourists and Transients, — Informational
aids or materials on the cause, modes of transmission, prevention, and consequences
of HIV infection shall be adequately provided at all international ports of entry and
exit. The DOT, the DFA, the DOJ through the BI, in collaboration with the DOH,
shall oversee the implementation of this Act.

Section 8, HIV/AIDS Education in Communities. — Local HIV and AIDS Council
(LAC) or the Local Health Boards and in coordination with the PNAC, the
Department of Interior and Local Government (DILG) and the League Of Provinces
and League of Cities , shall implement a locally-based, multi-sector response to HIV
and AIDS through various channels on evidence-based, gender-responsive, age
appropriate, and human rights-oriented prevention tools to stop the spread of HIV.

Section 9. Information on Prophylactics. — Appropriate information shall be
attached to or provided with every prophylactic offered for sale or given as a
donation. Such information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device or agent, its efficacy
against HIV and STD infection, as well as the importance of sexual abstinence and
mutual fidelity

Misinformation on HIV and AIDS, which includes false and misleading advertising
and claims in any of the multimedia or the promotional marketing of drugs, devices,
agents or procedures without prior approval from the DOH through the Food and
Drug Administration (FDA) and without the requisite medical and scientific basis,
including markings and indications in drugs and devices or agents, purporting to be a
cure or a fail-safe prophylactic for HIV infection, shall be prohibited

Section 10. Comprehensive Health Intervention for People who Inject Drugs
(Includes HIV and Hepatitis B and C Provision). The DILG and the DOH, in close
coordination with the Dangerous Drugs Board and in partnership with key affected
population shall establish a human rights and evidenced-based HIV prevention policy
and program for people who use and inject drugs. The presence of used or unused
condoms other safer sex paraphernalia and sterile injecting equipment, shall not be
used as basis to conduct raids or similar police operations in sites and venues of HIV
prevention interventions. The DILG and DOH, in coordination with the Dangerous
Drugs Board, shall establish a national policy to guarantee the implementation of this
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SECTION 11. Prohibition on the Use of Condoms, Other Safer Sex
Paraphernalia, and Sterile Injecting Equipment as Basis For Raids and Similar
Police Operation. ~ It shall be unlawful to use the presence of the following:

a. used or unused condoms;

b. other safer sex paraphernalia; and

c. Sterile injecting equipment to conduct raids or similar police operations in
sites and venues of HIV intervention,

ARTICLE IL
SAFE PRACTICES AND PROCEDURES

Section 12. Requirement on the Donation of Blood, Tissue, or Organ. — No
laboratory or institution shall accept a donation of tissue or organ, whether such
donation is gratuitous or onerous, unless a sample from the donor has been tested
negative for HIV. All donated blood shall also be subjected to HIV testing and HIV
(+) blood shall be disposed of properly and immediately. A second testing may be
demanded as a matter of right by the blood, tissue, or organ recipient or his immediate
relatives before transfusion or transplant, except during emergency cases: Provided
that donations of blood, tissue, or organ testing positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal requirements.

Section 13. Guidelines on Surgical and Similar Procedures. — ‘The DOH, in
consultation and in coordination with concerned professional organizations and
hospital associations, shall issue guidelines on precautions against HIV transmission
during surgical, dental, embalming, tattooing or similar procedures. The DOH shall
likewise issue guidelines on the handling and disposition of cadavers, body fluids or
wastes of persons known or believed to be HIV- positive.

The necessary protective equipment such as gloves, goggles and gowns, shall be made
available to all physicians and health care providers and similarly exposed personnel
at all times.

ARTICLE IIE
TESTING, SCREENING AND COUNSELLING

Section 14. Voluntary HIV Testing. ~ As a policy, the State shall encourage
voluntary HIV testing. Written consent from the person taking the test must be
obtained before HIV testing. If the person is below fifteen (15) years of age or is
mentally incapacitated, such consent shall be obtained from the child's parents, legal
guardian or, whenever applicable, from the licensed social worker, licensed health
service provider or a DOH-accredited health service provider assigned to provide
health services to the child.

Section 15. Informed consent - Informed consent for HIV testing is obtained with
clear intent to intervene to prevent any individual age 15 years old and above from
further exposure to the risk of ITTV and to provide access to HIV and AIDS related
counseling and quality care.


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In keeping with the principle of “evolving capacities of children” as defined in
Section 3(f) of this Act, HIV testing shall be made available under the following
circumstances:

(a) If the person is fifteen (15) years old to below eighteen (18) years of age,
consent to voluntary HIV testing shall be obtained from the child;

(b) If the person is below fifteen (15) years of age or is mentally incapacitated,
consent to voluntary HIV testing shall be obtained from the child’s parents or
egal guardian. In cases when the child’s parents or legal guardian cannot be
found, despite reasonable efforts to locate the parents were undertaken, the
consent shall be obtained from the licensed social worker. If the child’s
parents or legal guardian refuse to give their consent, the consent shall
likewise be obtained from the licensed social worker if the latter determines
that the child is at higher risk of HIV exposure and the conduct of the
voluntary ELV testing is in the best interest of the child; and

(c) In every circumstance, proper counseling shall be conducted by a social
worker, a health care provider or other health care professional accredited by
the DOH or the DSWD,

Section 16 - Lawful Consent — Lawful consent to HIV testing of a donated human
body, organ, tissue, or blood shall be considered as having been given when:

(a) person volunteers or freely agrees to donate his/her blood, organ, or tissue for
transfusion, transplantation, or research;

(b) a person has executed a legacy in accordance with Section 3 of Republic Act
No. 7170, also known as the "Organ Donation Act of 1991", and

(©) donation is executed in accordance with Section 4 of Republic Act No. 7170.

‘The results of the HIV testing shall be disclosed only to the patient by the service
provider in charge.

Section 17. Compulsory HIV Testing. - Compulsory HIV testing shall be allowed
only in the following instances:

(a) When a person is charged with any of the crimes punishable under
Articles 264 and 266 as amended by Republic Act No. 8353, 335 and
338 of Republic Act No. 3815,otherwise known as the Revised Penal
Code or under Republic Act No.7659;

(b) When the determination of the HIV status is necessary to resolve the
relevant issues under Executive Order No. 309, otherwise known as the
Family Code of the Philippines; and

(c) When complying with the provisions of Republic Act No. 7170, otherwise
known as the "Organ Donation Act” and Republic Act No. 7719, otherwise
known as the "National Blood Services Act".


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Section 18. Service Delivery Models of HIV Testing:

(a) Persons accessing STI services/facilities;

(b) Persons accessing Reproductive Health services;

(c) Persons diagnosed with Sexually Transmitted Infections, and
Tuberculosis;

(A) Persons with HIV risks based on health worker’s assessment;

(e) Sexual partner of people living with HIV;

(f) All pregnant women; and

(g) The DOH shall continually review and revise, as appropriate, the HIV
diagnostic algorithm based on current, available laboratory technology
and evidence

ARTICLE IV
HEALTH AND SUPPORT SERVICES

Section 19. Prevention of Mother-to-Child HIV Transmission. — The DOH shall
implement a program to prevent mother-to-child HIV transmission that shall be
integrated into its maternal and child health services.

Section 20. Access to HIV Treatment and Reproductive Health Services. — The
DOH shall develop policies and guidelines to ensure access to HIV Treatment of
PLHIV in health centers.

ARTICLE V
HIV AND AIDS MONITORING AND EVALUATION

Section 21. HIV and AIDS Monitoring and Evaluation.- The DOH shall maintain a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the
following purposes:

(a) Determine and monitor the magnitude and progression of HIV and AIDS in
the Philippines to help the national government evaluate the adequacy and
efficacy of HIV prevention and treatment programs being employed;

(b) Receive, collate, process and evaluate all HIV and AIDS-related medical
reports from all hospitals, clinics, laboratories and testing centers, including
HiV-related deaths and relevant data from public and private hospitals,
various databanks or information systems: Provided, That it shall adopt a
coding system that ensures anonymity and confidentiality; and

©

Submit an annual report to the PNAC containing the findings of its
monitoring and evaluation activities in compliance with this mandate.

ARTICLE VI
CONFIDENTIALITY

Section 22. Confidentiality. - The confidentiality and privacy of any individual who
has been tested for HIV, exposed to HIV, has HIV infection or HIV and AIDS-related
illnesses, or was treated for HIV-related illnesses shall be guaranteed. The following
acts violate confidentiality and privacy:


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(a) Disclosure of Confidential HIV and AIDS Information — Unless otherwise
provided in Section 14 of this Act, it shall be unlawful to disclose, without
written consent, information that a person had HIV-related test and AIDS, has
HIV infection or HIV-related illnesses, or has been exposed the prohibition
shall apply to any person, natural or juridical, whose work or function involves
the implementation of this Act or the delivery of HlV-related services,
including those who handle or have access to personal data or information in
the workplace to HIV; and

(b) Media Disclosure - It shall be unlawful for any editor, publisher, reporter or
columnist, in case of printed materials, or any announcer or producer in case
of television and radio broadcasting, or any producer or director of films in
case of the movie industry, or any other individual, or any information that
would reasonably identify any person living with HIV and AIDS, or any
confidential HIV and AIDS information or organization in case of online or
social media platform, to disclose the name, picture, without the prior written
consent of their subject except when the person waives said confidentiality
through his/her own acts and omissions and add provisions of the Cybercrime
Law.

Section 23. Disclosure to Sexual Partners.- Any person who, after having been
tested, is found to be infected with HIV, is strongly encouraged to disclose this
health condition to the spouse or sexual partner prior to engaging in penetrative
sex or any potential exposure to HIV, A person living with HIV may opt to seek
help from qualified professionals including medical professionals, health workers,
peer educators, or social workers to support him in disclosing this health condition
to one’s partner or spouse. Confidentiality shall likewise be observed. Further, the
DOH and DSWD, through the Council, shall establish an enabling environment to
encourage newly tested HIV-positive individuals to disclose their status to sexual
partners.

ARTICLE VIL
DISCRIMINATORY ACTS AND PRACTICES

Section 24. Discriminatory and Prohibited Acts. The following are discriminatory
acts and practices and shall be prohibited:

(a) Discrimination in the Workplace - The rejection of job application,
termination of employment, or other discriminatory policies in hiring,
provision of employment and other related benefits, promotion or assignment
of an individual solely or partially on the basis of actual, perceived, or
suspected HIV status;

(b) Discrimination in Learning Institutions - Refusal of admission, expulsion,
segregation, imposition of harsher disciplinary actions, or denial of benefits or
services of a student or a prospective student solely or partially on the basis of
actual perceived, or suspected HIV status;

(c) Restriction on Travel and Habitation. - Restrictions on travel within the
Philippines, refusal of lawful entry to Philippine territory, deportation from the

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Philippines, or the quarantine or enforced isolation of travelers solely or
partially on account of actual, perceived, or suspected HIV status is
discriminatory; the same standard of protection shall be afforded to migrants,
visitors and residents who are not Filipino citizens. Restrictions on housing or
lodging solely or partially on the basis of actual, perceived, or suspected HIV
status;

(d) Inhibition from Public Services - Prohibition on the right to seek an elective or
appointive public office solely or partially on the basis of actual, perceived, or
suspected HIV status;

(e) Exclusion from Credit and Insurance Services - Exclusion ftom 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
Joan or credit service provider upon application

(£) Discrimination in Hospitals and Health Institutions - Denial of health services,
or be charged with a higher fee, on the basis of actual, perceived, or suspected
HIV status; and

(g) Denial of Burial Services - Denial of embalming and burial services for a
deceased person who had HIV and AIDS or who was known, suspected or
perceived to be HIV-positive.

ARTICLE VU
PENALTE

Section 25. Penalties

(A) PENALTIES- The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act:

1. Any person found guilty of violating Section 9 of this Act shall, upon
conviction, suffer the penalty of imprisonment ranging from one (1) year
but not more than ten (10) years or a fine of not less than fifty thousand
pesos (PhpS0,000.00) but not more than five hundred thousand (Php
500,000.00), or both, at the discretion of the court; Provided, that if the
offender is a manufacturer, importer, distributor of any drugs, devices,
agents, and other health products, the penalty of at least five (5) years
imprisonment but not more than ten (10) years and a fine of at least five
hundred thousand pesos (Php 500,000.00) but not more than five million
pesos (Php 5,000,000.00) shall be imposed:

Provided, further, than an additional fine of one percent (1%) of the
economic value/cost of the violative product or violation, or one thousand
pesos (Php 1,000.00), whichever is higher, shall be imposed for each day
of continuing violation: Provided, finally, that drugs, devices, agents, and

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other health products found in violation of Section 18 of this Act may be
seized and held in custody pending proceedings, without hearing or court
order, when the FDA Director-General has reasonable cause to believe
from facts found by him/her or an authorized officer or employee of the
FDA that such health products may cause injury or prejudice to the
consuming public,

‘Any person found guilty of violating Section 11 of this Act shall suffer the
penalty of imprisonment of one (1) year to five (5) years and a fine of not
less than One Hundred Thousand Pesos (Php100,000.00) but not more
than Five Hundred Thousand Pesos (Php 500,000.00),

. Any person who knowingly or negligently causes another to get infected

with HIV in the course of the practice of one’s profession through unsafe
and unsanitary practice or procedure is liable to suffer a penalty of
imprisonment of six (6) to twelve (12) years

Where offender is a juridical person, alien, public officer, or licensed
professional, ~ If the offender is a corporation, association, partnership or
any other juridical person, the penalty of imprisonment shall be imposed
upon the responsible officers and employees, as the case may be, who
participated in, or allowed by their gross negligence, the commission of
the crime, and the fine shall be imposed jointly and severally in the
juridical person and the responsible officers/employees, Furthermore, the
court may suspend or revoke its license or business permit,

If the offender is an alien, he or she shall, in addition to the penalties
herein described, be deported without further proceedings after serving the
penalties herein prescribed.

If the offender is a public official or employee, he or she shall, in addition
to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.

If the offender is a licensed professional, the respective boards under the
professional regulation commission may either suspend or revoke his/her
license to practice the profession,

4, Any person found guilty of violating Section 21, Section 22, and
Section 23. of this Act shall suffer the penalty of imprisonment for six (6)
months to five (5) years or a fine of not less than Fifty Thousand Pesos (Php
50,000.00) or both, at the discretion of the court.

Section 26. Penalties Collected - The penalties collected pursuant to this Section
shall be put into a special fund to be administered by the DOH and shall be used for
awareness campaigns and other priority HIV and aids activities of the PNAC.

Section 27. Immunity from Suit for HIV Educators, Licensed Social Workers,
Health Workers and Other HIV and AIDS Service Providers.— Any person involved

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in the provision of HIV and AIDS services including HIV educators, licensed social
workers, health workers, and other HIV and AIDS service providers, shall be immune
from suit, arrest or prosecution, and from civil, criminal or administrative liability, on
the basis of their delivery of such services in Sections 9 to 16, and Sections 19 to 26
hereof, or in relation to the legitimate exercise of protective custody of children,
whenever applicable. (The Council in coordination with law enforcement agencies)
shall develop the (operational guidelines) for the implementation of this provision.
This immunity does not cover acts which are committed in violation of this Act:

Section 28. Health Insurance.- The Philippine Health Insurance Corporation
(PhilHealth) shall develop an insurance package for persons living with HIV that shall
include coverage for inpatient and outpatient medical and diagnostic services,
including medication and treatment, and a set of benefits to the unborn and newborn
child infected by their mothers. Additionally, it shall set a reference price for HIV
services in government hospitals and conduct programs to educate the human
resource units of companies on the PhilHealth package on HIV and AIDS. The
PhilHealth shall enforce confidentiality in the provision of these packages to persons
living with HIV.

No person living with HIV shall be denied or deprived of private health insurance by
a Health Maintenance Organization (HMO) and private life insurance coverage by a
life insurance company on the basis of the person's HIV status. The Insurance
Commission shall enforce the provision of life insurance coverage by persons
applying for such services and shall develop the necessary policies to ensure
compliance,

ARTICLE IX
THE PHILIPPINE NATIONAL AIDS COUNCIL.

Section 29. Establishment. The Philippine National AIDS Council (PNAC)
created by virtue of Republic Act No. 8504 is a line agency under the Office of the
President and attached/lateral agency of the DOH

Section 30, Functions, — The PNAC shall be the central advisory, planning, and
policy-making body for the Comprehensive and Integrated HIV and AIDS Prevention
and Control Program in the Philippines. The PNAC shall perform the following
functions:

(a) Develop the National HIV and AIDS Plan (AIDS Medium Term Plan) in
collaboration with relevant government agencies and CSOs;

(b) Ensure the operationalization and implementation of the AMTP;

(©) Issue guidelines and policies that are stipulated in this Act, including other
policies that may be necessary to implement the AMTP;

(d) Strengthen the collaboration between government agencies and CSOs’
involved in the implementation of the national HIV and AIDS program,
including the delivery of HIV and AIDS related services;


1 (e) Monitor the progress of the epidemic;

2 £) Monitor the implementation of the National Multi-Sectoral HIV and AIDS
ES Strategic Plan, undertake mid-term assessments and evaluate its impact;
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(g) Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS
Strategic Plan;
5 (h) Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS
6 Program;
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8 (h) Advocate for policy reforms to Congress and other government agencies
9 to strengthen the country's response to the epidemic; and
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Wu (j) Submit an annual report to the Office of the President, the House of
2 Representatives and the Senate of the Philippines.
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14 Section 31. Membership and Composition. — (a) The Council shall be composed of
15 twenty nine (29) members as follows:

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7 (1) The Secretary of the Department of Health or his/ her representative;

18 (2) The Secretary of the Department of Education, Culture and Sports or his/
19 her representative;

20 (3) The Chairperson of the Commission on Higher Education or his! her
21 representative;

22 (4) The Director-General of the Technical Education and Skills Development
23 Authority or his/ her representative;

24 (5) The Secretary of the Department of Labor and Employment or his/ her
28 representative;

26 (6) The Secretary of the Department of Social Welfare and Development or
27 his’ her representative;

28 (7) The Secretary of the Department of the Interior and Local Government or
29 his’ her representative:

30 (8) The Secretary of the Department of Justice or his/ her representative;

31 (9) The Director-General of the National Economic and Development
32 Authority or his/ her representative;

33 (10) The Secretary of the Department of Tourism or his/ her representative;

34 (11) The Secretary of the Department of Budget and Management or his/ her
35 representative,


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(12) The Secretary of the Department of Foreign Affairs or his/ her
representative;

(13) The Head of the Philippine Information Agency or his/ her representative;
(14) The President of the League of Governors or his/her representative;
(15) The President of the League of City Mayors or his/ her representative;

(16) The President of the Philippine Health Insurance Corporation (PHIC) or
his/her representative;

(17) The Chairperson of the National Youth Commission (NYC) or his/ her
representative;

(18) The Secretary of the Department of Finance or his/ her representative;

(19) The Chairperson of the Civil Service Commission or his/ her
representative;

(20) Two (2) representatives from medical/health professional organizations
with expertise to:

a. Standard setting; and
b. Service delivery,

(21) Six (6) representatives from non-government organizations involved in
HIV/AIDS prevention and control efforts or activities. There shall be
guaranteed seats for two (2) representatives of workers’ groups, and two
(2) from women’s groups and the LGBT organizations; and

(22) Two (2) representatives from organization of persons dealing with
HIV/AIDS;

(a) The President shall have the power to attach PNAC to or on other department/

government agency as deemed necessary;

(b) The prerogative of the President to add and remove members of the Council as

necessitates;

(c) All members of the Council shall be appointed by the President of the Republic

of the Philippines;

(d) The members of the Council shall be appointed not later than thirty (30) days

after the date of the enactment of this Act;

(e) The Secretary of Health shall be the permanent chairperson of the Council;

however, the vice-chairperson shall be elected by its members from among
themselves, and shall serve for a term of two (2) years; and

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(f) For members representing medical/health professional groups, PLHIV, and the
representatives of the six non-government organizations, shall serve for a term of
two (2) years, renewable upon recommendation of the Council

Section 32. Reports. — The Council shall submit to the President and to both Houses
of Congress comprehensive annual reports on the activities and accomplishments of
the Council, Such annual reports shall contain assessments and evaluation of
intervention programs, plans and strategies for the medium- and long-term prevention
and control program on HIV/AIDS in the Philippines.

SECTION 33. Secretariat, ~ There should be a separate PNAC Secretariat to
support PNAC funetions, this will be distinct from the DOH HIV and AIDS
Program; The Secretariat consisting of personnel with the necessary technical
expertise and capability shall be conferred permanent appointments, subject to Civil
Service rules and regulations. The Secretariat shall be headed by an Executive
Director, who shall be under the direct supervision of the Chairperson of the Council.

‘The Executive Director shall be appointed by the President of the Philippines upon
recommendation by the Secretary of Health, The Executive Director shall enjoy the
benefits, privileges and emoluments equivalent to the rank of Director III,

As Chief Executive Officer of the PNAC Secretariat, the Executive Director shall
exercise general supervision and control over its ‘technical and administrative
personnel.

The Secretariat shall perform the following functions:

(a) Coordinate and manage the day-to-day affairs of the Council;

(b) Monitor the operationalization and implementation of the national multi-
sectoral HIV and AIDS strategic plan and the AMTP; and,

(c) Coordinate with the PNAC for the implementation of the health sector’s HIV
and AIDS and STI response, as identified in the national multi-sectoral HIV
and AIDS Strategic Plan and the AMTP

Section 34. National Multi-Sectoral HIV and AIDS Strategic Plan. - A six (6)-year
National Multi-Sectoral HIV and AIDS Strategic Plan and AIDS Medium-Term Plan
(AMTP) shall be formulated and periodically updated by the PNAC. The AMTP shall
include the following

(a) The country's targets and strategies in addressing the epidemic;

(b) The prevention, treatment, care and support, and other components of the
country's response to HIV AND AIDS;

(c) The six (6)-year operationalization of the program and identification of the
government agencies that shall implement the program, including the designated
office within each agency responsible for overseeing, coordinating, facilitating and/or
monitoring the implementation of its AIDS program from the national to the local
levels; and

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(d) The budgetary requirements and a corollary investment plan that shall identify the
sources of funds for its implementation.

ARTICLE X
APPROPRIATIONS

Section 35. Appropriations. — The initial budget for the PNAC amounting to
Twenty Million Pesos (Php20,000,000.00) shall be sourced from the funds of the
Office of the President. ‘Thereafter, such sums as may be necessary for the continued
PNAC operations shall be included in the succeeding annual General Appropriations
Act.

The implementation of the Multi-Sectoral AIDS Medium Term Plan shall be charged
against the budget and funding source of each PNAC member agencies according to
their commitment to AMTP.

ARTICLE XI
MISCELLANEOUS PROVISIONS

Section 36. /mplementing Rules and Regulations. — Within one hundred twenty
days (120) days from the effectivity of this Act, the PNAC shall promulgate the
necessary rules and regulations for the effective implementation of the provisions of
this Act

Section 37. Separability Clause. — If any provision of this Act is declared invalid,
the remainder of this Act or any provision not affected thereby shall remain in force
and effect.

Section 38, Repealing Clause. — All laws, presidential decrees, executive orders and
their implementing rules inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 39. Effectivity. — This Act shall take effect fifteen (15) days afler its
publication in at least two (2) national newspapers of general circulation

Approved,

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