FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) '13 
SENATE 
p: 
S,R No, ~398 
I' 
JMJ 28 PO:1 B 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
Fifteen years after Republic Act 8504 or the Philippine AIDS Prevention and Control Act 
of 1998 became a law, the HIV-AlDS problem in the Philippines has worsened contrary to the 
primary goal of the legislation which was to thwart the growing prevalence of this disease in the 
country, 
Since year 2000, there has been a steady increase in the number of HIV/AIDS positive 
cases reported in the Philippine illV and AIDS Registry, In particular, the number of Filipinos 
living with AIDS has jumped significantly from 29 cases in 2010 to 110 and 148 in 2011 and 
2012, respectivelyl, Moreover, the National Epidemiology Center has reported 295 newly 
diagnosed HIV cases in the country in October 2012, twenty-two (22) of which were accounted 
as AIDS cases2 This latest figure of HIV infection is 48% higher than the number recorded 
covering the same period in 2011 3, 
This alarming rise in HIVI AIDS incidence and the continuing culture of silence that 
surrounds the disease raise questions on the effectiveness of RA 8504, Budgetary constraints, 
organizational confusion and policy incongruence have hindered the full implementation of the 
law to effect its legislative purpose, 
To address the gaps in RA 8504 and make it more responsive to what is feared to be an 
impending epidemic, this bill seeks to, among others: (1) strengthen the governance structure 
that spearheads the HIVI AIDS response of the government to ensure proper impleJ11entation and 
monitoring of the law; (2) clarify and refine the roles of state institutions to promote efficiency 
and reinforce governmental capabilities in addressing the disease; (3) harmonize the illVi AIDS 
response with other related laws, policies and programs; and (4) highlight the significant roles of 
people living with HIV and AIDS and local communities in raising awareness about the disease 
and reducing the stigma attached to it, and bringing to the fore existing realities on the ground to 
generate immediate and relevant policy and societal change, 
The fight against the spread of HIV and AIDs infection necessitates an inclusive, 
integrative and comprehensive approach that emphasizes cohesive and sustained collective 
action, Indeed, there is no better time to address the looming HIV and AIDS crisis than the 
present while we still can, We must not forget that a prosperous nation starts with a healthy 
citizenry, 
I http://www,dolLgov,pJ>ldisease-surveillance, 
2 Ibid, 
3 IbH 


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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
Introduced by SENATOR PIA S. CAYETANO 
"AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV 
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: 
1 
SECTION 1. 
Short Title. - This Act shall be known as the "The Revised 
2 
Philippine H IV and AI DS Policy and Program Act of 2012". 
3 
SEC. 2. Declaration of Policies. - The Human Immunodeficiency Virus and 
4. Acquired Immune Deficiency Syndrome (HIV and AIDS) are public health concerns that 
5 
have wide-ranging social, political, and economic repercussions. Responding to the HIV 
6 
and AIDS epidemic is therefore imbued with public interest, and accordingly, the State 
7 
shall: 
8 
a. Establish policies and programs to prevent the spread of HIV and deliver 
9 
treatment care and support services to Filipinos living with HIV in accordance 
10 
with evidence-based strategies and approaches that follow the principles of 
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human rights, gender equality, and meaningful participation of communities 
12 
affected by the epidemic. 
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b. Adopt a multi-sectoral approach in responding to the HIV epidemic by ensuring 
14 
that local communities, civil society organizations, and persons living with HIV 
15 
are involved in the process. 
16 
c. Remove all barriers to HIV and AIDS-related services by eliminating the 
17 
climate of stigma that surrounds the epidemic and the people directly and 
18 
indirectly affected by it. 
19 
d. Positively address and seek to eradicate conditions that aggravate the spread 
20 
of HIV infection, including but not limited to, poverty, gender inequality, 
21 
prostitution, marginalization, drug abuse and ignorance. 
22 
Respect for, protection of and promotion of human rights are the cor~erstones of 
23 
an effective response to the HIV epidemic. The meaningful inclusion and participation 
24 
of persons directly and indirectly affected by the epidemic, especially persons living 
25 
with HIV, are crucial in eliminating the virus. Thus, unless otherwise provided in this 


1 
Act, the confidentiality, anonymity, and non-compulsory nature of HIV testing and HIV-
2 
related testing shall always be guaranteed and protected by the State. 
3 
Policies and practices that discriminate on the basis of perceived or actual HIV 
4 
status, sex, gender, sexual orientation, gender identity, age, economic status, disability 
5 
and ethnicity, hamper the enjoyment of basic human rights and freedoms guaranteed in 
6 
the Constitution and are deemed inimical to national interest. 
7 
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be 
8 
defined as follows: 
9 
a. Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a 
10 
body's immune system is reduced due to HIV infection, making an individual 
11 
susceptible to opportunistic infections; 
12 
b. Anti-retroviral Treatment refers to the treatment that stops or suppresses a 
13 
retrovirus like HIV; 
14 
c. Civil Society Organizations (CSOs) refer to a group or groups of non-governmental 
15 
and 
non-commercial 
individuals 
or 
legal 
entities 
that 
are 
engaged 
in 
16 
uncoerced collective action around shared interests, purposes and values; 
17 
d. Community-based research takes place in community settings and involves 
18 
community members in the design and implementation of research projects. 
19 
e. Compulsory HIV Testing refers to HIV testing imposed upon an individual 
20 
characterized by lack of consent, use of force or intimidation, the use of testing as a 
21 
prerequisite for employment or other purposes, and other circumstances when 
22 
informed choice is absent; 
I 
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f. 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, 
25 
gender identity, economic status, disability and ethnicity, whether actual or perceived, 
26 
and which has the purpose or effect of nullifying or impairing the recognition, 
27 
enjoyment or exercise by all persons similarly situated, of all rights and freedoms; 
28 
g. Evolving Capacities of Children refer to the concept enshrined in Article 5 of the 
29 
Convention on the Rights of the Child recognizing the developmental changes and 
30 
the corresponding progress in cognitive abilities and capacity for self-determination 
31 
undergone by children as they grow up thus requiring parents and others charged 
32 
with responsibility for the child to provide varying degrees of protection and to allow 
33 
their partiCipation in opportunities for autonomous decision-making in different 
34 
contexts and across different areas of decision-making; 
35 
h. Gender Identity refers to a person's internal and individual experience of gender 
36 
that mayor may not correspond with the sex assigned at birth, including the person's 
37 
sense of the body, which may involve, if freely chosen, modification of bodily 
38 
appearance or function by medical, surgical and other means, and other experience 
39 
of gender, among them, dress, speech, and mannerism; 
40 
i. HIV and AIDS Counselor refers to any individual trained by an institution or 
41 
organization accredited by the Philippine National AIDS Council (PNAC) to conduct 
42 
training or counseling on HIV and AIDS, HIV prevention, and human rights and 
43 
stigma reduction; 
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j. HIV Counseling refers to the provision of information on HIV and AIDS, how it is 
spread and how it may be prevented, risk-reduction approaches, and information on 
treatment, care and support for persons living with HIV, which is conducted before 
and after HIV testing; 
k. HIV Testing refers to any facility-based or mobile medical procedure that is 
conducted to determine the presence or absence of HIV in person's body, 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; 
I. HIV-Re/ated Testing refers to any laboratory testing or procedure done on an 
individual whether the person is HIV positive or negative; 
m. HIV Testing Facility refers to any DOH-accredited in-site or mobile testing center, 
hospital, clinic, laboratory and other facility that has the capacity to conduct voluntary 
HIV counseling and HIV testing; 
n. Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS; 
o. Key Affected Populations at Higher Risk of HIV Exposure or 'Key Populations' 
refer to those persons whose behavior make them more likely to be exposed to HIV 
or to transmit the virus, as determined by PNAC. The term includes children below 
the age of eighteen (18); youth and adults living with HIV; men who have sex with 
men; transgender persons; people who inject drugs; and people who sell sexual 
services or favors; 
p. Laboratory refers to areas or places where research studies are being undertaken 
to further develop local evidence base for effective HIV programs; 
q. Non-Mandatory HIV Anti-Body Testing refers to a health care provider initiating 
HIV anti-body testing to a person practicing high-risk behavior or vulnerable to HIV 
after conducting HIV pre-test counseling. The person may elect to decline or defer 
testing such that consent is conditional; 
r. Opportunistic Infection (01) refers to illnesses caused by various organisms, many 
of which do not cause disease in persons with healthy immune systems; 
s. Person Living with HIVrefers to any individual diagnosed to be infected with HIV; 
t. Sexually Transmitted Infections (STI) refer to infections that are spread through 
the transfer of organisms from one person to another through sexual contact; 
u. Sexual Orientation refers to a person's sexual and emotional attraction to, or 
intimate and sexual relationship with, individuals of different, the same, or both sexes; 
v. Social Protection refers to a set of policies and programs designed to reduce 
poverty and vulnerability by promoting efficient labor markets, diminishing people's 
exposure to risks, and enhancing their capacity to protect themselves against 
hazards and interruptionslloss of income; 
, 
w. Stigma refers to the dynamic devaluation and dehumanization of an individual in 
the eyes of others which may be based on attributes that are arbitrarily defined by 
others as discreditable or unworthy and which results in discrimination when acted 
upon; 
3 


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x. Treatment Hubs refer to private and public hospitals or medical establishments 
2 
accredited by the Department of Health (DOH) to have the capacity and facility to 
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provide anti-retroviral treatment; 
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y. Voluntary HIV Testing refers to HIV testing done on an individual who, after having 
5 
undergone pre-HIV counseling, willingly submits oneself to such test; 
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z. Vulnerable Communities refer to communities and groups who are suffering from 
7 
vulnerabilities 
such 
as 
unequal 
opportunities, 
social 
exclusion, 
poverty, 
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unemployment, and other similar social, economic, cultural and political conditions, 
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making them more susceptible to HIV infection and to developing AIDS; 
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aa. 
Work Place refers to the office, premises and work site where workers are 
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habitually employed and shall include the office or place where workers, with no 
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fixed or definite work site, regularly report for assignment in the course of their 
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employment. 
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SEC. 4. Philippine National AIDS Council. - The Philippine National AIDS 
15 
Council (PNAC), hereinafter referred to as the Council, established under Section 43 of 
16 
R.A. 8504 otherwise known as the "Philippine AIDS Prevention and Control Act of 
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1998", shall be reconstituted and strengthened to ensure the implementation of the 
18 
country's response to the HIV and AIDS epidemic. The Council shall be the central 
19 
policy-making, planning, implementing, coordinating and advisory body for Philippine 
20 
National HIV and AIDS Program. It shall be an agency attached to the Department of 
21 
Health. 
I 
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SEC. 5. Functions of the PNAC.· 
The Council shall perform the following 
23 
functions: 
24 
1. 
Develop the National HIV and AIDS Program in collaboration with relevant 
25 
government agencies and civil society organizations; 
26 
2. 
Ensure the operationalization and implementation of the National HIV and 
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AIDS Program; 
28 
3. 
Coordinate with government agencies that are mandated to implement the 
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provisions of this Act; 
30 
4. 
Develop, enforce, and/or ensure the implementation of the guidelines and 
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policies that are stipulated in this Act, including other policies that may be 
32 
necessary to implement the National HIV and AIDS Program; 
33 
5. 
Monitor the progress of the epidemic; 
34 
6. 
Monitor the implementation of the National HIV and AIDS Program, 
35 
undertake mid-term assessments and evaluate its impact, and conduct 
36 
annual reporting to Congress; 
37 
7. 
Strengthen the collaboration between government agencies and civil society 
38 
organizations involved in the implementation of the National HIV and AIDS 
39 
Program, including the delivery of HIV and AIDS related services; 
40 
8. 
Organize itself to enhance the efficiency of the multi-agency and multi-
41 
sectoral structure; 
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9. 
Mobilize domestic and international sources of fund to finance the National 
2 
HIV and AIDS Program; 
3 
10. Coordinate and cooperate with foreign and international 6rganizations 
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regarding funding, data collection, research, and prevention and treatment 
5 
modalities on HIV and AIDS; and 
6 
11. Recommend policy reforms to Congress, DOH and other government 
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agencies to strengthen the country's response to the epidemic. 
8 
Sec. 6. Membership and Composition. - a) The Council shall be composed of 
9 
twenty-six (26) members as follows: 
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1. 
The Secretary of the Department of Health; 
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2. 
The Secretary of the Department of Education; 
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3. 
The Chairperson of the Commission on Higher Education; 
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4. 
The Director-General of the Technical Education and Skills Development 
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Authority; 
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5. 
The Secretary of the Department of Labor and Employment; 
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6. 
The Secretary of the Department of Social Welfare and Development; 
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7. 
The Secretary of the Department of the Interior and Local Government; 
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8. 
The Secretary of the Department of Justice; 
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9. 
The Director-General of the National Economic and Development 
20 
Authority; 
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10. The Secretary of the Department of Tourism; 
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11. The Secretary of the Department of Budget and Management; 
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12. The Secretary of the Department of Foreign Affairs; 
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13. The Head of the Philippine Information Agency; 
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14. The President of the League of Governors; 
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15. The President of the League of City Mayors; 
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16. The Chairperson of the Committee on Health of the Senate; 
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17. The Chairperson of the Committee on Health of the House of 
29 
Representatives; 
30 
18. Two (2) representatives from organizations of medical/health professionals; 
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19. Six (6) representatives from non-government organizations involved in HIV 
32 
and AIDS prevention and control efforts or activities; and 
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20. A representative of an organization of persons living with HIV. 
34 
b) The heads of government agencies may be represented by an official from their 
35 
respective agencies with a rank not lower than an Undersecretary; 
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c) The presence of the Chairperson or the Vice Chairperson of the Council, and at least 
37 
seven (7) other Council members and/or permanent alternates shall I constitute a 
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quorum to do business, and a majority vote of those present shall be sufficient to 
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pass resolutions or render decisions; 
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d) To the greatest extent possible, appointment to the Council must ensure sufficient 
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and discernible representation from the fields of medicine, education, health care, 
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law, labor, ethics and social services; 
43 
e) The members of the Council shall be appointed not later than thirty (30) days after 
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the date of the enactment of this Act; 
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f) The Secretary of Health shall be the permanent Chairperson of the Council. However, 
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the Vice-Chairperson shall be elected from among the members, and shall serve for 
47 
a term of two (2) years; and 
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g) Members representing medical or health professional groups and the six (6) non-
2 
government organizations shall serve for a term of two (2) years, renewable upon 
3 
recommendation of the Council for a maximum of two (2) consecutive terms. 
4 
Sec. 7. Secretariat. - The PNAC shall be supported by a Secretariat consisting 
5 
of personnel with the necessary technical expertise and capability who shall be 
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conferred permanent appointments, subject to Civil Service rules and regulations. It 
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shall be headed by an Executive Director who shall be under the direct supervision of 
8 
the Chairperson of the Council. 
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The Secretariat shall perform the following functions: 
10 
1. Coordinate and manage the day-to-day affair of the Council; 
11 
2. Assist in the the formulation, monitoring, and evaluation of the National HIV 
12 
and AIDS Programs and policies; 
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3. Provide technical assistance, support, and advisory services to the Council 
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and its external partners; 
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4. Assist the Council in identifying and building internal and external networks 
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and partnerships; 
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5. Coordinate and support the efforts of the Council and its members to mobilize 
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resources; 
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6. Serve as the clearing house and repository of HIV and AIDS-related 
20 
information; 
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7. Disseminate updated, accurate, relevant, and comprehensive information 
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about the epidemic to Council members, policy makers, and the media; 
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8. Provide administrative support to the Council; and 
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9. Perform other functions as may be provided by the Council. 
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SEC. 8. HIV Prevention. - The government shall promote and adopt a range of 
26 
measures and interventions, in partnership with civil society organizations, that aim to 
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prevent, halt, or control the spread of HIV, especially among key populations and 
28 
vulnerable communities. These measures shall likewise promote the rights, welfare, 
29 
and participation of persons living with HIV and the affected children, young people, 
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families and partners of persons living with HIV. 
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a. Evidence-Informed, Gender Sensitive, Age-Appropriate, and Human Rights-Based 
32 
Preventive Measures - The HIV and AIDS prevention programs shall be based on 
33 
up-to-date evidence and scientific strategies and shall be age-appropriate. The 
34 
government shall therefore actively promote safer sex behavior, especially among 
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key populations; safer practices that reduce risk of HIV infection; access to treatment; 
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consistent sexual abstinence and sexual fidelity; and consistent and correct condom 
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use. 
38 
b. HIV and AIDS Education as a Right to Health and Information - HIV and AIDS 
39 
education and information dissemination shall form part of the right to health. The 
40 
knowledge and capabilities of all public health practitioners, workers and personnel 
41 
shall be enhanced to include skills for proper information dissemination and 
42 
education on HIV and AIDS. It shall likewise be considered a civic duty of health 
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providers in the private sector to make available to the public such information 
necessary to control the spread of HIV and AIDS and to correct common 
misconceptions about the disease. The training of health workers shall include 
discussions on HIV-related ethical issues such as confidentiality, informed consent 
and the duty to provide treatment. 
c. HIV and AIDS Education and Information. - The State shall educate the public, 
especially the key populations and vulnerable communities, on HIV and AIDS and 
other sexually transmitted infections, with the goal of reducing risky behavior, 
lowering vulnerabilities, and promoting the human rights of persons living with HIV. 
1. HIV and AIDS Education for Key Populations and Vulnerable Communities. -
To ensure that HIV services reach populations at higher risk, the State, 
through the PNAC and in collaboration with HIV and AIDS civil society 
organizations, shall support and provide funding for HIV and AIDS education 
programs, such as peer education, outreach activities and community-based 
research. The PNAC shall likewise craft the guidelines for peer education and 
outreach activities which may be undertaken in various settings including 
laboratory-based activities. 
2. Age-Appropriate HIV and AIDS Education in Schools. -
Using official 
information and data from the PNAC, the Department of Education (DepEd), 
the Commission on Higher Education (CHED), and the Technical Education 
and Skills Development Authority (TESDA) shall integrate basic and age-
appropriate instruction on the causes, modes of transmission and ways of 
preventing the spread of HIV and AIDS and other sexually transmitted 
infections in subjects taught in public and private schools at intermediate 
grades, secondary and tertiary levels, including non-formal and indigenous 
learning systems. 
The learning modules shall include information on treatment, care and support 
to promote stigma reduction. 
The learning modules that shall be developed to implement this provision shall 
be done in coordination with the PNAC and stakeholders in the education 
sector. Referral mechanisms, including but not limited to, the DSWD Referral 
System, shall be included in the modules for key populations antl vulnerable 
communities. 
All teachers and instructors to be assigned to handle these learning modules 
shall be required to undergo seminars or trainings on HIV and AIDS prevention 
that shall be supervised by the PNAC in coordination with concerned 
agencies. 
3. HIV and AIDS Education in the Workplace. - All public and private employees, 
workers, managers, and supervisors, including members of the Armed Forces 
of the Philippines (AFP) and the Philippine National Police (PNP), shall be 
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 Department of Labor and Employment (DOLE) for the private sector and 
the Civil Service Commission (CSC) for the public sector shall implement this 
provision. The DOLE and the CSC shall ensure that the HIV and AIDS 
education program in the workplace is industry or sector-appropriate and shall 
ensure the full participation of employers and workers in designing the content 
of the program. Referral mechanisms for key populations and vulnerable 
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communities shall also be developed and instituted by the DOLE and the CSC 
in coordination with the PNAC. 
4. HIV and AIDS Education for Filipinos Going Abroad. - In coordination with the 
PNAC, the Department of Foreign Affairs (DFA) and the DOLE shall ensure 
that all overseas Filipino workers, including diplomatic, military, trade, labor 
officials, personnel and their families to be assigned overseas, shall undergo 
or attend a seminar on HIV and AIDS and shall be provided with information 
on how to access on-site H IV-related services and facilities before certification 
for overseas assignment. 
5. HIV and AIDS Education in Communities - The DILG, League of Governors 
and League of Mayors, through the Local HIV and AIDS Council (LAC) or the 
Local Health Board and in coordination with the PNAC, local governments 
shall conduct public awareness campaigns on HIV and AIDS and shall 
educate local communities, through various channels, on evidence-based, 
gender-sensitive, age-appropriate and human rights-oriented prevention tools 
to stop the spread of HIV. 
For these purposes, the LGUs are hereby 
authorized to utilize the Gender and Development (GAD) Funds for HIV and 
AIDS education in communities. 
In coordination with the Department of Social Welfare and Development, local 
governments shall also conduct age-appropriate HIV and AIDS education for 
out-of-school youths. 
6. Information for Tourists and Transients - Educational 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 
Department of Tourism (DOT), the DFA, and the Bureau of Immigration (BI), in 
coordination with the PNAC stakeholders in the tourism industry, shall lead the 
implementation of this provision. 
d. HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is 
voluntary and confidential. All 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: 
1. 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 DOH shall lead the development of 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 DOH shall accredit institutions or organizations that train HIV and AIDS 
counselors; and 
4. The PNAC shall set the standards for HIV counseling and shall work closely 
with HIV and AIDS civil society organizations that train HIV and AIDS 
counselors and peer educators. 
I. 
e. 
Positive Prevention -
The DOH shall lead, in coordination with the local 
government units, and other relevant government agencies, private sector and 
civil society organizations, in promoting preventive measures that shall focus on 
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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 behavior among 
persons living with HIV; (ii) 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; (iii) the 
establishment of standard precautionary measures in public and private health 
facilities; (iv) the accessibility of anti-retroviral treatment, management of 
opportunistic infections, and health services related to sexually transmitted 
infections; and (v) 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. 
f. 
Preventing Mother-to-Child HIV Transmission - The DOH shall establish a 
program to prevent mother-to-child HIV transmission that shall be integrated in its 
maternal and child health services. 
g. Standard Precaution. - The DOH shall establish guidelines on donation of blood, 
tissue or organ, surgical and other similar procedures based on the following 
principles: 
1. Donation of tissue or organs, whether gratuitous or onerous, shall be accepted 
by a laboratory or institution only after a sample from the donee has tested 
negative for HIV. All donated blood shall also be subjected to HIV testing. HIV 
positive 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. 
Donations of blood, tissue, or organ tested positive for HIV may ibe accepted 
for research purposes only, 
and subject to strict sanitary disposal 
requirements. 
2. The DOH, in consultation with concerned professional organizations and 
hospital associations, shall issue guidelines on precautions against HIV 
transmission 
during surgical, dental, 
embalming, 
tattooing or similar 
procedures and 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. 
SEC. 9. Treatment, Care and Support for Persons Living with HIV and AIDS. 
a. National HIV and AIDS Treatment Program. - The DOH shall establish a program to 
provide free and accessible anti-retroviral treatment to all indigents living with HIV 
and AIDS. 
Free medication for opportunistic infections shall also be provided to 
persons living with HIV who are enrolled in the program. It shall likewise establish or 
accredit public and private treatment hubs and shall have the authority to develop 
guidelines on the provision of anti-retrovirals. 
b. Health Insurance. 
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The Philippine National Health Insurance Corporation 
(PHILHEAL TH) shall develop an insurance package for persons living with HIV that 
shall include coverage for in-patient and out-patient medical and diagnostic services, 
9 


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including medication and treatment. The PHILHEAL TH shall enforce confidentiality in 
the provision of these packages to persons living with HIV. 
No person living with HIV shall be denied of private health and life insurance 
coverage on the basis of the person's HIV status. The Insurance Commission shall 
implement this provision and shall develop the necessary policies to ensure 
compliance. 
c. Economic Empowerment and Support - Persons living with HIV shall not be deprived 
of any employment, livelihood, micro-finance, self-help, and cooperative programs by 
reason of their HIV status. The DOLE, and the DSWD, in coordination with the 
TESDA and with local government units, shall develop programs to ensure economic 
empowerment and provide economic support to persons living with HIV. 
d. Care and Support for Persons Living with HIV. - The DSWD shall develop care and 
support programs for persons living with HIV, which shall include peer-led counseling 
and support, social protection, welfare assistance, and mechanisms for case 
management. These programs shall include care and support for the affected 
children, families and partners of persons living with HIV. 
e. Care and Support for Overseas Workers Living with HIV. - The Overseas Workers 
Welfare Administration (OWWA) , in coordination with the DSWD and the DFA, shall 
develop a program to provide a stigma-free comprehensive reintegration, care and 
support program, including economic, social and medical support, for overseas 
workers who have been repatriated or are about to be repatriated due to their HIV 
status. 
SEC. 10. Stigma Reduction and Human Rights. - The country's response to 
the HIV and AIDS phenomena shall be anchored on the principles of human rights and 
human dignity, and public health concerns shall be aligned with the following 
internationally- recognized human rights instruments and standards: 
a. Prohibition on Compulsory 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 providers, or a DOH-accredited health service provider assigned to provide 
health services to the child. 
In keeping with the principle of "evolving capacities of the child" as defined in Section 
3 (g) of this Act, HIV testing and counseling shall be made available to a child under 
the following conditions: 
1. The child, who is above the age of fifteen (15) years but below eighteen (18) 
years, expresses the intention to submit to HIV testing and counseling and 
other related services; 
2. Reasonable efforts were undertaken to locate, provide counselipg to, and to 
obtain the consent of, the parents, but the parents are absent or cannot be 
located, or otherwise refuse to give their consent; 
3. Proper counseling shall be conducted by a social worker, health care provider 
or other health care professional, accredited by the DOH or DSWD; and 
4. The licensed social worker, health care provider or other health care 
professional shall determine that the child is "at higher risk of HIV exposure," 
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as defined in Section 3 (0) of this Act, and that the conduct of the testing and 
counseling is in the child's best interest and welfare. 
b. Compulsory HIV Testing - Compulsory HIV testing shall be allowed only in the 
following instances: 
1. A person is charged with any of the offenses punishable under ArtiCles 264, 
266, 335 and 338 of the Revised Penal Code, as amended by Republic Act 
No. 8353, otherwise known as the Anti-Rape Law of 1997; 
2. The determination of HIV status is necessary to resolve the relevant issues 
under the Family Code; 
3. To comply with the provisions of Republic Act No. 7170, also known as the 
"Organ Donation Act of 1991" ; 
4, To comply with the provisions of Republic Act No. 7719, otherwise known as 
the "National Blood Services Act of 1994"; and 
5. Pre-surgical screening test as a precaution against transmission of blood-
borne infection, 
c. Stigma-Free HIV and AIDS Services - The PNAC, in cooperation with public and 
private HIV and AIDS service providers and civil society organizations, and in 
collaboration with the Commission on Human Rights, shall ensure the delivery of 
stigma-free HIV and AIDS services by government and private HIV and v\IDS service 
providers. 
d. Testing of Organ Donation - Lawful consent to HIV testing of a donated human body, 
organ, tissue or blood shall be considered as having been given when: 
1. A person volunteers or freely agrees to donate his or her blood, organ, or 
tissue for transfusion, transplantation, or research; 
2, A person has executed a legacy in accordance with Sec, 3 of Republic Act No. 
7170; and 
3. A donation is executed in accordance with Sec. 4 of Republic Act No. 7170. 
e. HIV Anti-Body Testing for Pregnant Women - A health care provider who offers pre-
natal medical care shall make a non-mandatory HIV anti-body testing available for 
pregnant women practicing high risk behavior or are vulnerable to HIV. The DOH 
shall provide the necessary guidelines for health care providers in the conduct of the 
screening procedure. 
f. Redress Mechanism. - The Department of Justice and the Commission on Human 
Rights shall take the lead in developing redress mechanisms for persons living with 
HIV to ensure that their civil, political, economic and social rights are protected. 
g. Acts of Discrimination. - The following discriminatory acts shall be prohibited: 
1. 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; 
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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; 
I 
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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 of travelers solely or partially 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 HIV and AIDS or who 
was known, suspected or perceived to be HIV positive; and 
9. Other similar or analogous discriminatory acts. 
SEC. 11. Immunity for HIV Educators, Licensed Social Workers, and other 
HIV and AIDS Service Providers. - Any person involved in the prOVision of HIV and 
AIDS services including peer educators 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 Section 8 hereof, or in relation to the legitimate exercise of 
protective custody of children, whenever applicable. The Department of Justice (DOJ), 
the DILG and the PNP, in coordination with the PNAC, shall develop-the mechanism for 
the implementation of this provision. 
SEC. 12 Confidentiality. - The State shall guarantee the confidentiality and 
privacy of any individual who has been tested for HIV, has been exposed to HIV, has 
HIV infection or HIV and AIDS-related illnesses, or has been treated fo~ HIV-related 
illnesses. 
I 
a. Confidential HIV and AIDS Information - Unless otherwise provided in Section 12 (c) 
of this Act, it shall be unlawful to disclose, without written consent, information that a 
person: 
1. Had an HIV-related test; 
2. Has HIV infection, HIV-related illnesses, or AIDS; or 
3. Has been exposed to HIV. 
The prohibition shall apply to any person, natural or juridical, whose work or function 
involves the implementation of this Act or the delivery of HIV-related services, 
including those who handle or have access to personal data or information in the 
workplace, and who, pursuant to the receipt of the required written consent from the 
subject of confidential HIV and AIDS information, have subsequently been granted 
access to the same confidential information. 
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It shall be unlawful for any editor, publisher, and reporter or columnist in case of 
2 
printed materials, announcer or producer in case of television and radio broadcasting, 
3 
producer and director of the film in case of the movie industry, to disclose the name, 
4 
picture, or any information that would reasonably identify any person living with HIV 
5 
or AIDS, or any confidential HIV and AIDS information, without the prior written 
6 
consent of their subject. 
7 
h. Release of HIV Testing and HIV-Related Test Result. - The result of any HIV testing 
8 
or HIV-related testing shall be released only to the individual who submitted to the 
9 
test, or the spouse, upon receipt of post-test counseling, if applicable. If the patient is 
10 
a minor, an orphan, or is mentally incapacitated, the result may be released to either 
11 
of the patient's parents, legal guardian, or a duly assigned social worker, whichever is 
12 
applicable. 
13 
c. Exemptions. - Confidential HIV and AIDS information may be released by HIV testing 
14 
facilities without written consent on the following grounds: 
15 
1. When complying with the reportorial requirements of the national active and 
16 
passive surveillance system of the DOH: Provided, That the information 
17 
related to a person's identity shall remain confidential; 
18 
2. When informing other health workers directly involved in the 'treatment or 
19 
care of a person living with HIV: Provided, That such workers shall be required 
20 
to perform the duty of shared medical confidentiality; 
21 
3. When responding to a subpoena duces tecum and subpoena ad testificandum 
22 
issued by a Court with jurisdiction over a legal proceeding where the main 
23 
issue is the HIV status of an individual: Provided, That the confidential medical 
24 
record, after having been verified for accuracy by the head of the office or 
25 
department, shall be properly sealed by its lawful custodian, hand delivered to 
26 
the Court, and personally opened by the judge: Provided, further, That the 
27 
judicial proceedings shall be held in executive session. 
28 
d. Disclosure to Sexual Partners. - Any person who, after having been tested, is found 
29 
to be infected with the HIV virus, is obliged to disclose this health condition to the 
30 
spouse or sexual partner prior to engaging in penetrative sex or any potential 
31 
exposure to HIV. A person living with HIV may opt to seek help from medical 
32 
professionals, health workers, or peer educators to support him in disclosing this 
33 
health condition to one's partner or spouse. 
34 
e. Civil Liability - Any person who has obtained knowledge of confidential HIV and AIDS 
35 
information and has used such information to malign or cause damage, injury, or loss 
36 
to another person may face liability under Articles 19, 20, 21, and 26 of the Civil 
37 
Code. 
38 
SEC. 13. National HIV and AIDS Program. - A six-year National HIV and AIDS 
39 
Program shall be formulated and periodically updated by PNAC. The Program shall 
40 
comprise of the following: a). the country's targets and strategies in addressing the 
41 
epidemic; b) the prevention, treatment, care and support, and other components of the 
42 
country response; 
c) the five-year operationalization of the program and the 
43 
identification of the government agencies that shall implement the program from the 
44 
national to the local levels; and 
d) the budgetary requirements and a corollary 
45 
investment plan that shall identify the sources of funds for its implementation. 
46 
SEC. 14. National HIVand AIDS and STI Prevention and Control Program of 
47 
the Department of Health - The National HIV and AIDS and STI Prevention and 
48 
Control Program (NASPCP) of the Department of Health, which shall be staffed by 
13 


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qualified medical specialist and support personnel with permanent appointments, shall 
2 
coordinate with PNAC for the implementation of the health sector's HIV and AIDS and 
3 
STI response, as identified in the National HIV and AIDS Program. 
4 
SEC. 15. HIVand AIDS Monitoring and Evaluation. - The DOH shall establish 
5 
a comprehensive HIV and AIDS monitoring and evaluation program that shall serve the 
6 
following purposes: 
7 
a. Determine and monitor the magnitude and progression of HIV and AIDS in the 
8 
Philippines to help the national response determine the efficacy and adequacy of HIV 
9 
prevention and treatment programs; 
10 
b. Receive, collate, process, and evaluate all HIV and AIDS-related medical reports 
II 
from all hospitals, clinics, laboratories and testing centers, including HIV-related 
12 
deaths and all relevant data from public and private hospitals, various databanks or 
13 
information systems: Provided, That it shall adopt a coding system that ensures 
14 
anonymity and confidentiality; and 
15 
c. Submit an annual report to the Office of the President, Congress, and members of 
16 
the PNAC the findings of its monitoring and evaluation activities in compliance with 
17 
this mandate. 
18 
SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. -
19 
Misinformation on HIV and AIDS through false and misleading advertiSing and claims, 
20 
or the promotional marketing of drugs, devices, agents or procedures without prior 
21 
approval from the PNAC, and the Food and Drug Authority (FDA) and the requisite 
22 
medical and scientific basis, including markings and indications in drugs and devices or 
23 
agents, purporting to be a cure or a fail-safe prophylactic for HIV infection, shall be 
24 
prohibited. 
25 
SEC. 
17. Prohibition on the Use of Condoms, 
Other Safer Sex 
26 
Paraphernalia, and Sterile Injecting Equipment as Basis for Raids and Similar 
27 
Police Operations - It shall be unlawful to use the presence of used or unused 
28 
condoms, other safer sex paraphernalia and sterile injecting equipment to conduct raids 
29 
or similar police operations in sites and venues of HIV prevention interventions. 
30 
The DILG and DOH, in coordination with the DDB, shall establish a natiOnal policy to 
31 
guarantee the implementation of this provision. 
32 
SEC. 18. Penalties. - The following penalties and sanctions shall be imposed for 
33 
the offenses enumerated in this Act: 
34 
a. Any person found guilty of violating Section 9 (b); Section 10 (b); Section 10 (g); and 
35 
Section 12 (a, b ,c and e) of this Act shall suffer the penalty of imprisonment for six 
36 
(6) months to five (5) years and/or a fine of not less than Fifty Thousand Pesos (P50, 
37 
000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), without 
38 
prejudice to the imposition of administrative sanctions such as fines and suspension 
39 
or revocation of the entity's business permit, license or accreditation or the 
40 
individual's license to practice his or her profession. 
41 
b. Any person who commits any act of discrimination as stipulated in Section 10 (g) of 
42 
this Act may face liability under Articles 19, 20, and 21 of the Civil Code. 
43 
c. Any person found guilty of violating Section 11 of this Act shall suffer the penalty of 
44 
imprisonment for six (6) months to five (5) years and a fine of not less than One 
45 
Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand 
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Pesos (P500,OOO.OO): Provided, That if the violator is a law enforcer or a public 
2 
official, administrative sanctions may be imposed in addition to the above penalties. 
3 
d. Any person found guilty of violating Section 16 of this Act shall suffer the penalty of 
4 
imprisonment for two (2) months to two (2) years, without prejudice to the imposition 
5 
of administrative sanctions such as fines and suspension or revocation of 
6 
professional or business license. 
7 
e. Any person or any law enforcer found guilty of violating Section 17 of this Act shall 
8 
suffer the penalty of imprisonment for one (1) year to five (5) years and a fine of not 
9 
less than One Hundred Thousand Pesos (P100,OOO.OO) but not more than Five 
10 
Hundred Thousand Pesos (P500,OOO.OO). Law enforcers found guilty of violating this 
II 
section shall be removed from public service. 
12 
f. Any person who knowingly or negligently causes another to get infected with HIV in 
13 
the course of the practice of one's profession through unsafe and unsanitary practice 
14 
or procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve 
15 
(12) years, without prejudice to the imposition of administrative sanctions such as 
16 
fines and suspension or revocation of the license to practice one's profession. The 
17 
permit or license of any business entity and the accreditation of HIV testing centers 
18 
may be cancelled or withdrawn if said establishments fail to maintain such safe 
19 
practices and procedures as may be required by the guidelines formulated in 
20 
compliance with Section 8 (g) (2) of this Act. 
21 
The penalties collected pursuant to this Section shall be deposited in the National 
22 
Treasury as income of the general fund. 
23 
SEC. 19. Duty of Employers, Heads of Government Offices, Heads of Public and 
24 
Private Schools or Training Institutions, and Local Chief Executives. It shall be the duty 
25 
of private employers, heads of the government offices, heads of private and public 
26 
schools or training institutions, and local chief executives over all private establishments 
27 
within their territorial jurisdiction, to prevent or deter acts of discrimination against 
28 
persons living with HIV, and to provide for procedures for the resolution, settlement, or 
29 
prosecution of acts of discrimination. Towards this end, the employer, head of office or 
30 
local chief executive shall: 
31 
a. Promulgate rules and regulations prescribing the procedure for the investigation of 
32 
discrimination cases and the administrative sanctions thereof; 
33 
b. Create a permanent committee on the investigation of discrimination cases. The 
34 
committee shall conduct meetings to increase the knowledge and understanding of 
35 
HIV and AIDS, and to prevent incidents of discrimination. It shall also conduct the 
. 36 
administrative investigation of alleged cases of discrimination. 
37 
SEC.20. Congressional Oversight Committee. - To ensure the effective 
38 
implementation of this Act, a Congressional Oversight Committee shall be established, 
39 
hereinafter referred to as the HIV and AIDS OverSight Committee, that shall be 
40 
composed of three members (3) from the Senate, who shall include -the Chairperson of 
41 
the Senate Committee on Health and Demography, and three (3) members from the 
42 
House of Representatives, who shall include the Chairperson of the House Committee 
43 
on Health. The HIV and AIDS Oversight Committee shall be jointly chaired by the 
44 
Chairpersons of the Senate Committee on Health and Demography and the House 
45 
Committee on Health. 
46 
The oversight committee shall exist for a period not exceeding three (3) years from the 
47 
effectivity of this Act, after which the oversight functions shall be undertaken by the 
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Committee on Health and Demography of the Senate of the Philippines and the 
Committee on Health of the House of Representatives. 
SEC. 21. Appropriations. - The initial amount necessary to implement the 
provisions of this Act shall be charged against the current year's appropriation of the 
Philippine National AIDS Council under the Department of Health. Thereafter, such 
sums as maybe necessary for the continued implementation of this Act shall be 
included in the Annual General Appropriations Act. 
SEC.22. Implementing Rules and Regulations. - The Philippine National AIDS 
Council shall promulgate the necessary implementing rules and regulations within sixty 
(60) days from the effectivity of this Act. 
SEC. 23. Transitory Provision -The personnel designated by the Department of 
Health as the Secretariat of PNAC under Section 47 of RA 8504 shall be absorbed as 
permanent personnel to fulfill the Secretariat functions stipulated in this Act. 
SEC. 24. Separability Clause. - Any portion or provision of this Act that may be 
declared unconstitutional or invalid shall not have the effect of nullifying the other 
portions and provisions hereof as long as such remaining portion or provision can still 
subsist and be given effect in their entirety. 
SEC. 25. Repealing Clause. - Republic Act No. 8504, otherwise known as the 
"Philippine AIDS. Prevention and Control Act of 1998" and all decrees, executive orders, 
proclamations and administrative regulations or parts thereof inconsistent herewith are 
hereby repealed, amended or modified accordingly. 
. 
SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in any national paper of general circulation. 
24 
Approved, 
16