SIXTEENTH CONGRESS OF THE REPUBLIc 
OF THE PHILIPPINES 
Second Regular Session 
SENAXE.. 
S.No. 
~~27 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
JUN -8 P4 :37 
AMENDING REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE 
"PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998" BY 
ALLOWING MINORS AGED 15 TO 17 YEARS OLD TO GIVE CONSENT TO HIV 
TESTING UNDER EXCEPTIONAL CIRCUMSTANCES 
EXPLANATORY NOTE 
The Constitution, Article 13, Section 11 provides: 
Section 11. The State shall adopt an integrated and comprehensive 
approach to health development which shall endeavor to make essential 
goods, health and other social services available to all the people at 
affordable cost. There shall be priority for the needs of the underprivileged 
sick, disabled, elderly, women and children. The State shall endeavor to 
provide free medical care to paupers (Emphasis Supplied). 
Based on the Department of Health's latest HIV/AIDS and Art Registry of the 
Philippines, 560 new HIV cases were reported in April 2015, which is 42 percent higher 
than the same period in 2014. The Department of Health reportedly expects the number 
of monthly HIV cases to increase by 10 to 20 percent after the government held the 
National HIV Testing Week last May. 
According to the DOH, 30 percent of these new cases were youth aged 15 to 24 
years old. Most of the new cases (96%) were male. Ninety-nine percent were reportedly 
infected through sexual contact, and 1 % through needle sharing. 
Republic Act No. 8504 or the Philippine AIDS Prevention and Control Act 
requires minors to first obtain written parental consent before they can be tested for HIV. 
This limits the access of minors to potentially life-saving treatment and care, especially 
1 


since many adolescents and young people lack the finances to pay for health care. In the 
5th AIDS Medium-Term Plan by the Philippine National AIDS Council, it was reported 
that such age restrictions resulted in less than one percent of males under 18 who are at 
risk of contracting HIV to ever have an HIV test. 
R.A. No. 8504 fails to consider that many minors already engage in sex and other 
risky behaviors that make them prone to HIV. According to the 2013 Young Adult 
Fertility and Sexuality Study of the University of the Philippines Population Institute 
(UPPI), one in three Filipino youth aged 15 to 24 had engaged in premarital sex. 
The study also showed that premarital sex among the youth rose to 32 percent 
from 18 percent in 1994. In 2013 alone, around 6.2 million Filipino youth had premarital 
sex, and more than half of this number - 4.8 million - engaged in unprotected sex. Of 
this 6.2 million, 7.3 percent engaged in casual sex, and 5.3 percent of males had sex with 
other males. However, only 40 percent of these youth aged 15 to 24 were aware of 
sexually transmitted diseases, while 80 percent were aware of HIV and AIDS, and only 
17 percent have comprehensive knowledge ofHIV. 
Several countries have recognized the "mature minor principle," which considers 
the evolving capacities of a child to make decisions independently. This concept 
recognizes that some minors are mature enough to consent independently to medical 
procedures, if assessed by a health professional to be sufficiently mature to understand 
the meaning and consequences of the medical procedure. The "mature minor principle" is 
also known as the "Gillick principle" or "Gillick competence," which was decided in a 
1986 case by the English House of Lords. The case established that under English law 
"the parental right to determine whether or not their minor child below the age of 16 will 
have medical treatment terminates if and when the child achieves sufficient 
understanding and intelligence to understand fully what is proposed." 1 
I UNESCO. Young People and the Law in Asia and the Pacific. 2013. 
2 


Aside from the United Kingdom, the United States, Canada, Australia, New 
Zealand, and Africa also apply the "mature minor principle." In Asia and the Pacific, the 
age of minority is normally pegged at 17 years and below. However, the laws of Asian 
countries vary with regard to HIV testing. For example, in Lao PDR, a person 14 years 
and above can consent to HIV testing without the need of parental consent. Similarly, in 
Pohnpei State (Federated States of Micronesia), minors above 14 may consent for 
themselves if in the opinion of the testing clinicians, they have been art risk of HIV 
acquisition and they are able to understand the nature and implications of the test. 
Perhaps, the most progressive, in terms of allowing access to HIV testing and treatment, 
is Papua New Guinea which allows a person 13 years old and above to request for HIV 
testing and treatment without the need of parental consent.2 
The World Health Organization has enumerated some circumstances when a 
minor can freely give his or her consent to HIV testing without securing parental consent: 
1. If the minor is living independently; 
2. lithe minor is pregnant; 
3. If the minor has no contact with parents or guardians; 
4. If the minor has a clinical condition that suggests infection with HIV; or 
5. If the Imowledge of their HIV status is in the best interest ofthe minor.3 
This bill therefore seeks to amend R.A. No. 8504 in order to allow minors aged 15 
to 17 years old to give their consent to HIV testing under exceptional circumstances. 
2 !d. 
3 http://apps.who.int/adolescent/hiv-testing-treatment/page/lnfonned consent and HlV testing. 
3 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENa.T.:8 
S. No. 
t.!~27 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
JUN -8 P 4 :37 
AMENDING REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE 
"PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998" BY 
ALLOWING MINORS AGED 15 TO 17 YEARS OLD TO GIVE CONSENT TO HIV 
TESTING UNDER EXCEPTIONAL CIRCUMSTANCES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Republic Act No. 8504, otherwise known as the "Philippine AIDS 
2 
Prevention and Control Act of 1998," Section 4 is hereby amended to read as follows: 
3 
SEC. 4. HIV/AIDS Education in Schools - The Department of 
4 
Education, Culture and Sports (DECS), the Commission on Higher 
5 
Education (CHED), and the Technical Education and Skills Development 
6 
Authority (TESDA), utilizing official information provided by the 
7 
Department of Health, shall integrate instruction on the causes, modes of 
8 
transmission and ways of preventing HIV/AIDS and other sexually 
9 
transmitted diseases in subjects taught in public and private schools at 
10 
intermediate grades, secondary and tertiary levels, including non-formal 
11 
and indigenous learning systems: Provided, That if the integration of HIV/ 
12 
AIDS education is not appropriate or feasible, the DECS and the TESDA 
13 
shall design special modules on HIV/AIDS prevention and control: 
14 
Provided, further, That it shall not be used as an excuse to propagate birth 
15 
control or the sale or distribution of birth control devices: Provided, finally, 
16 
That it does not utilize sexually explicit materials. 
17 
Flexibility in the formulation and adoption of appropriate course 
18 
content, scope, and methodology in each teaching level or group shall be 
19 
allowed after consultations with Parent-Teachers-Community Associations, 
20 
Private School Associations, school officials, and other interest groups. As 
21 
such, no instruction shall be offered to minors without the adequate prior 
22 
consultation with parents who must agree to the thrust and content of the 
23 
instruction 
materials, 
EXCEPT 
UNDER 
ANY 
OF 
THE 
24 
CIRCUMSTANCES 
ENUMERATED IN 
SECTION 15 
WITH 
25 
REGARD TO MINORS AGED 15 TO 17. 


All teachers and instructors of HIV/AIDS courses shall be required 
2 
to undergo a seminar or training on HIV/AIDS prevention and control to be 
3 
supervised by DECS, CHED and TESDA, in coordination with the 
4 
Department of Health (DOH) before they are allowed to teach on the 
5 
subject. 
6 
SECTION 2. R.A. No. 8504, Section 15 is hereby amended to read as follows: 
7 
SEC. 15. Consent as a Requisite for HIV Testing. - No compulsory 
8 
HIV testing shall be allowed. However, the State shall encourage voluntary 
9 
testing for individuals with a high risk for contracting HIV; Provided, That 
10 
written informed consent must first be obtained. Such consent shall be 
11 
obtained from the person concerned if he/she is of legal age or from the 
12 
parents or legal guardian in the case of a minor or a mentally incapacitated 
13 
individual. 
14 
THE CONSENT SHALL BE OBTAINED FROM THE MINOR 
15 
CONCERNED AGED 15 TO 17 YEARS OLD UNDER ANY OF THE 
16 
FOLLOWING CIRCUMSTANCES: 
17 
1. THE MINOR IS LIVING INDEPENDENTLY; 
18 
2. THE MINOR IS PREGNANT; 
19 
20 
3. THE MINOR IS ALREADY A PARENT OR HAS 
21 
SUFFERED A MISCARRIAGE; 
22 
4. THE MINOR HAS NO CONTACT WITH PARENTS OR 
23 
GUARDIANS; 
24 
5. THE MINOR HAS CLINICAL CONDITION THAT 
25 
SUGGESTS INFECTION WITH HIV; 
26 
6. THE KNOWLEDGE OF HIV STATUS IS IN THE BEST 
27 
INTEREST OF THE MINOR; OR 
28 
29 
7. THE MINOR IS PART OF THE KEY POPULATIONS AS 
30 
DETERMINED BY THE PHILIPPINE NATIONAL AIDS 
31 
COUNCIL (PNAC). 
32 
KEY 
POPULATIONS 
OR 
THE 
KEY 
AFFECTED 
33 
POPULATIONS AT HIGHER RISK OF HIV EXPOSURE REFER 
34 
TO THOSE PERSONS WHOSE BEHAVIOR MAKE THEM MORE 
35 
LIKELY TO BE EXPOSED TO HIV OR TO TRANSMIT THE 
36 
VIRUS, AS DETERMINED BY THE PNAC. THE TERM INCLUDES 
37 
MINORS, YOUTH AND ADULTS LIVING WITH HIV; MEN WHO 
38 
HAVE SEX WITH MEN; TRANS GENDER PERSONS; PEOPLE 
39 
WHO INJECT DRUGS; AND PEOPLE WHO SELL SEX. 
40 
A PROPER AND CONFIDENTIAL COUNSELLING BY A 
41 
SOCIAL WORKER, HEALTH CARE PROVIDER OR OTHER 
2 


HEALTH 
CARE 
PROFESSIONAL, 
ACCREDITED 
BY THE 
2 
DEPARTMENT OF HEALTH (DOH) OR THE DEPARTMENT OF 
3 
SOCIAL WELFARE AND DEVELOPMENT (DSWD) SHOULD BE 
4 
DONE BEFORE AND AFTER THE HIV TESTING OF THE 
5 
MINOR. 
6 
Lawful consent to HIV testing of a donated human body, organ, 
7 
tissue, or blood shall be considered having been given when: 
8 
(a) a person volunteers or freely agrees to donate his/her blood, 
9 
organ, tissue for transfusion, transplantation or research; 
10 
(b) a person has executed a legacy in accordance with Section 3 of 
11 
Republic Act No. 7170, also known as "Organ Donation Act of 1991"; 
12 
(c) a donation is executed in accordance with Section 4 of Republic 
13 
Act No. 7170. 
14 
15 
SECTION 3. R.A. No. 8504, Section 32 is hereby amended to read as follows: 
16 
SEC. 32. Release of HIVIAIDS Test Results. - All results of 
17 
HIV / AIDS testing shall be confidential and shall be released only to the 
18 
following persons: 
19 
(a) the person who submitted himselflherselfto such a test; 
20 
(b) either parent of a minor child who has been tested OR THE 
21 
MINOR WHO SUBMITTED HIMSELFIHERSELF TO SUCH TEST 
22 
IF 
THE 
TESTING 
WAS 
MADE 
UNDER ANY 
OF 
THE 
23 
CIRCUMSTANCES ENUMERATED IN SECTION 15; 
24 
( c) a legal guardian in the case of insane persons or orphans; 
25 
(d) a person authorized to receive such results in conjunction with 
26 
the AIDSWATCH program as provided in Section 27 of this Act; 
27 
(e) a justice of the Court of Appeals or the Supreme Court, as 
28 
provided under subsection (c) of this Act and in accordance with the 
29 
provision of Section 16 hereof. 
30 
SECTION 4. The minor by himself/herself may file an administrative case arising 
31 
from any violation of this Act and Republic Act No. 8504. 
32 
SECTION 5. Separability Clause. - If any provision of this Act shall be declared 
33 
unconstitutional, any other provision not affected thereby shall remain in full force and 
34 
effect. 
3 


1 
SECTION 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
2 
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
3 
SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
4 
publication in at least two (2) newspapers of general circulation. 
Approved, 
4