'smab 
SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) . 
" 
(19/1,rr t1fllj.,jv"l'lar~· 
First Regular Session 
. ) 
'13 JUl-9 A9:1 0 
SENATE 
S.B. No. -G-G 6 
-k 
__________________________________________________ 
R _________ 
B_V: 0 . I, 
introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to uphold the nobility and dignity of donating human organ 
and tissue by establishing a unified national system of organ sharing encompassing 
a donor and patient registry to eliminate for-profit marketing of organ donation and 
to facilitate the success of organ transplants and survival of patients, 
The prevalence of illicit marketing of human organs and tissues for profit in 
the Philippines, which has become a source of livelihood for some poor families, has 
drawn the attention of the world in the CNN report last November 6, 2007, Out of 
the 45,000 urban poor dwellers of Isla Baseco, it is projected that approximately 
3,000 have donated a kidney for a price ranging from P70,000,00 to P120,000, Despite 
this trade being an immediate answer to their desperate need for money, the 
compensated organ donors may not be fully aware of the long-term health, 
psychosocial and economic implications of their decisions, ' , 
, 
The lucrativeness of the illegal organ trade persists despite the existing 
regulations that prohibit the same, Though Republic Act No, 7170 or the Organ 
Donation Act of 19,91 has been enacted, the law covers only cadaver donors (CAD) 
and the concept of brain death, Department of Health Administrative Order No, 124 
clearly prohibits the sale and purchase of kidney organs by kidney donors with 
penalties laid down for violations, Despite these measures, kidney sale is still 
commonplace in depressed ,communities, 
This biil establishes a system by which valuable human organs and tissues, 
which are desperately needed by waiting patients of end-stage organ failure could 
be readily and lawfully obtained and equitably distributed, 
. 
In view of the foregOing; the passage of this bill is earnestly sought 
~. 
Senator 
, 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 6.££ 
Introduced by Senator Loren Legarda ' 
AN ACT 
iiitrwte 
I~ff.;. "( tlj. ,;ii"nln,¥ ' 
'13 
JIlL -9 119 :10 
TO REGULATE THE DONATION AND TRANSPLANT OF HUMAN 
ORGANS AND TISSUES AND FOR OTHER PURPOSES 
Be it enacted by the Senate', and House, of Representatives of the Philippines in 
Congress Assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Human Organ and 
2 
Tissue Donation and Transplant Act of 2013". 
3 
4 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:, 
5 
a) Promote public access to multiple human organs and tissues; 
6 
b) Address the technical and ethical issues involved in human organ and tissue 
7 
donation and transplantation; 
8 
c) Develop policies ensuring fair access to transplant surgery for individuals 
9 
who without such surgery would be at risk of losing their lives; 
10 
d) Devise a system by which valuable human organs and tissues which are 
11 
' desperately needed by waiting victims of end-stage organ failure could be 
12 
readily and lawfully obtained and equitably distributed; 
13 
e) Motivate the public to become human organ and tissue donors; 
14 
f) Encourage health professionals to identify in a timely manner prospective 
15 
donors of human organs and tissues; 
16 . 
g) Encourage and extend support to the laudable initiative and efforts of the 
17 
voluntary non-governmental health organizations to encourage our citizens 
18 
to become voluntary organ and tissue donors and enable those in need to 
. 
19 
benefit frorn the dramatic achievements and developments in the field of 
20 
human organ and tissue transplantation; 
1 
., 
,t. 


I 
h) Support and direct the development of a rational and fair national health 
2 
policy regarding the appropriate government and private sector roles in 
3 
human organ and tissue donation and transplantation; and 
4 
i) Prohibit and penalize. the for-profit marketing of human organs and tissues. 
5 
6 
SEC. 3. Definition of Terms. - As used in this Act, the term: 
7 
a) "Human Organ and Tissue" refers to the kidney, liver, heart, lung, pancreas, 
8 
bone marrow, cornea, eye, bone, skin, nerve, muscle_tissues, and any other 
9 
human organ or tiss~e that may be specified by the Secretary of Health by 
10 
regulation; 
II 
b) "For-profit Marketing': refers to' a transaction whereby a person agrees for 
12 
valuable consideration in whatever f)ature or form, whether given or to be 
13 
given to himself or to another person to the sale or supply of any human 
14 
organ or tissue fr~m'his' body or from the body of another person, whether 
IS 
before or after his death or the death of the other person, as the case maybe; 
16 
c) "Valuable Consideration" does not inch,lde the reasonable payments 
17 
associated with the removal, transportation, implantation, processing, 
18 
preservation, quality control and storage of a human organ or tissue or other 
19 
hospitalization expenses or the expense of travel, hOUSing and last. wage or 
20 
funeral expenses incurred' by the donor of a human organ or tissue in 
21 
connection with the donation of the organ or tissue. It will not also include 
22 
any reasonable incentives to be given by the donee or other government or 
. 23 
non-governmental organizations; 
24 
d) "Transplant Center" refers to a health care facility in which transplants of 
25 
organs and tissues are performed. 
26 
27 
SEC. 4. 'For-Profit Marketing. - The for-profit marketing of human organs 
28 
and tissues is hereby declared unlawful. 
29 
30 
SEC. 5. Human Organ and'Tissue Transplantation Coordinating Network 
31. (Network). - The Secretary of Health shall encourage the establishment and 
32 
maintenance of the Human Organ and Tissue' Transplantation Coordinating 
33 
Network in various strategic geographical areas of the country to be determined by 
34 
the Task Force as hereinafter created. 
, 
35 
2 


1 
SEC. 6. Composition. - The Human Organ and Tissue Transplantation 
2 
Coordinating Network shall be a non-profit entity which is engaged in activity 
3 
solely related to organ and tissue donation and transplantation. it shall hav(;! a Board 
4 
of Directors which include representatives of organ and tissue donation and 
5 
transplantation organizations. 
6 
7 
SEC. 7. Function of the Network. -
The Network shall establish a list of 
8 
individuals in one location who need organs or tissues, and a national system in 
9 
accordance with' established medical criteria, to' match organs or tissues and 
10 
individuals· included in the list. 
11 
In. addition, the Ne~ork shall: 
12 
a) Maintain a twenty-four hour telephone service to facilitate matching organs 
13 
or tissues with individuals included in the list; 
14 
b) Assist local organ and tissue donation and transplantation,organizations in 
15 
the distribution of organs and tissues which cannot be placed within the 
16 
service areas of the organizations; 
17 
c) Adopt .and use standards of quality for the acquisition and transportation of 
, 
: 18 
donated organs and tissues; 
19 
d) Prepare and distribute, on a regionalized basis, samples of blood sera· from 
20 
. individuals who are included on a list and whose immune system makes it 
21 
difficult for them to receive organs or tissues, in order to facilitate matching 
22 
the compatibility of such individuals with organ and tissue donors; 
23 
e) Coordinate the transportation of organs and tissues from donation 
24 
. organizations to transplant including those from other countries. In case, the 
25 
latter shall be facilitated in accordance with Section 14 of Republic Act No. 
26 
7170, otherwise known as the Organ Donation Act of 1991 under the 
27 
provision on International Sharing of Human Organs or Tissues; 
28 
f) Provide information to phYSicians and other health professionals regarding 
29 
organ and tissue donations; and 
30 
g) Collect, analyze and publish data concerning organ and tissue donations and 
. 31 
transplants. 
32 
33 
. SEC. 8. Human Organ and Tissue Transpll1:ntation Coordinating OffiCe. - A 
34 
human organ and tissue transplantation coordinating office may be established in 
35' strategic locations in the country subject to the approval of the Secretary of Health. 
36 
Such organization shall: 
3 


I 
a) Be a non-profit entity; 
2 
'h) Have an accounting and other fiscal procedures necessary to assure the 
3 
fiscal stability of the organization; 
4 
c) Have a Board of Directors or Advisory Board, the compositio~ of which 
5 
shall be determined by the Task Force as may be hereinafter be created; 
6 
d) Have a director and such other staff, including the human organ donation 
7 
and tissues coordinators and human organ and tissue transplantation 
8 
specialist necessary to effectively obtain, human organs and tissues from 
9 
donors in its service area. 
10 
II 
SEC. 9. Functions of the Human Organ and Tissue Transplantation 
12 
Coordinating Office. -
A human organ and tissue tral1splantation coordinating 
13 
offi,ce shall: , 
14 
a) Conduct and participate systematic efforts, including professional education, 
15 
to acquire all useable organs and tissues frol!'l potential donors; 
16 
b) Arrange for the acquisition and preservation of donated human organs and 
17 
tissues and provide quality standards for the acquisition of human organs 
18 
and tissues which are consistent with the standards adopted by the Network; 
19 
c) Arrange for the appropriate tissue typing of donated human organs; 
20 
d) Have a system to allocate donated human organs and tissues among 
21 
~transplant centers and patients according to medical criteria; 
22 
e) Participate in the Network authorized to be established under this Act; and 
23 
f) Make arrangements to cooperate with human organ and tissue banks for the 
24 
retrieval, processing, preservation, storage and distribution of human organs 
25 
and tissues as may be appropriate to assure that all useable human organs 
26 
and tissues are obtained from potential donors . 
. 27 
28 
SEC. 10. Registry of Recipientsl Report. - The Secretary of Health shall 
29 
require the network to develop and maintain a scientific registry of the recipients of 
30 
human organ and tissue transplants, The registry shall include such information 
31 
,respecting patients and transplant procedures as he may deem necessary to an on-
32 
going evaluation of the scientific and clinical status of human organ and tissue 
33 
transplantation. 
34 
The Secretary of Health shall regularly report to Congress on the analysis of 
35 
information derived from registry. 
36 
4 


1 
SEC. 11. Advisory Panel or Board. - The Secretary of Health shall form an 
2 
advisory panel or board in the Department of Health which shall assist him in: 
3 
a) Supervising the private sector in the human organ and tissue donation and 
·4 
transplantation activities provided for in this Act; 
5 
b) Conducting. a program of public information to inform the public of the need 
6 
for human organ and tissue donations; 
7 
c) Providing technical assistance to human organ and tissue transplantation to 
8 
coordinating offices established in accordance with this Act; 
9 
d) The preparation of an annual report to be submitted to Congress on the status 
1.0 
of human organ and tissue donation and coordination services, including an 
11 
analysis of the efficiency and effectiveness of the donation and allocation of 
12 . 
human organs and tissues, a description of problems encountered in the 
13 
donation and allocation of human organs and tissues, and clinical and 
14 
scientific' status of human organ and tissue transplantation; 
15 
16 
SEC. 12. Tasle Force. - Within two (2) months from the effectivity cif this Act, 
17 
the Secretary of Health.shall establish a Task Force on Human Organs and Tissue 
18 
Donation and Transplantation (hereinafter referred to as the Task Force). 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
SEC. 13. CompOSition/Appointment and Business. -
a) The Task Force shall be composed of the follOwing: 
(1) Five (5) physicians or scientist who are eminent in various medical and 
, 
scientific specialties related to human organ and tissue transplantation; 
(2) One (1) person who is not a physician or a scientist and who represents 
the field of human organ arid tissue donation; 
(3) Three (3) individuals who have expertise in the fields of law, theology, 
ethics, health care financing and social and behavioral sciences; 
(4) Two (2) individuals who are not physicians or scientists and who are 
members of the general public. 
b) The members of the Task Force shall be appointed by the President; 
c) No individual who is a full-time officer or employee of the Philippine 
. 
c. 
Governm~nt may be appointed to the Task Force. A vacancy in the Task 
Force shall be filled in the manner of an originai appointment, as provided for 
. in this Act; 
d) The members shall be appointed for the life of the Task Force; 
. 
, 
e) The Task Force shall elect its Chairman from among its members; 
5 


, 
1 
f) One -half plus one. of the members. of the Task Force shall constitute a 
2 
quorum to do business, but may hold hearings; 
3 
g) The Task Force sha11 hold its first meeting on the date specified by the 
4 
Secretary of Health which shall not be later than thirty (30) days from the 
5 
establishment of the Task Force. Thereafter, the Task Force shall meet at the 
6 
call of the Chairman or a majority of its members, not less than twelve (12) 
7 
times during theJifetime of the Task Force. 
8 
h) The Secretary of Health shall provide the Task Force with administrative and· 
9 
sUlfport services as the Task Force may require to carry out effectively its 
10 
duties. 
11 
12 
SEC. 14. Honorarium. - The members of the Task Force shall receive 
13 
honorarium in such a~ount as the President of the Philippines shall determine for 
14 
each meeting actually attended by each member of the Task Force, but in no case 
15 
shall the honorarium exceed the sum of Twenty-Four Thousand Pesos (P24,000.00) 
16 
for each member for the whole life of the Task Force. 
17 
18 . 
SEC. 15. Functions. - The Task Force shall perform the following functions: 
, 
19 
. a) Conduct comprehensive examinations of the medical, legal, ethical, economic 
20 
and social' issues presented by human organ and tissue donation and 
21 
transplantation; 
22 
b) Make an assessment of immunosuppressive medications used to prevent 
23 
organ and tissue rejection in transplant patients, including: 
24 
1. An analysis of the safety, effectiveness, and cost (including cost savings 
25 
from improved success rates of transplantation) of different modalities of 
26 
treatment. 
27 
2. 
An ideri.tification of problems that patients encounter· in obtaining 
28 
immunosuppressive medications; 
29 
3. 
An analysis of t):te extent of insurance reimbursement for long-therapy for 
30 
organ and tissue transplant patients by private insurers and the public 
31 
sector; 
32 
4. An analysis of the comparative advantages of grants, coverage under 
33 
existing programs or other means to assure that individuals who need 
34 
such medications can obtain them. 
6 


1 
c) Make an assessment of public and private efforts to obtain human organs 
2 
and tissues for transplantation and identification of factors that diminish 
3 
the number of human·organs and.tissues available for transplantation; 
4 
d) Make an assessment of problems in coordinating the donation of viable 
5 
human organs and tissues, including skin and borie for transplantation; 
6 
e) Make recommendations for the education and training of health 
7 
professionals, including physicians, nurses and hospital and emergency 
8 
care personnel, with respect to human organ and tissue donation and 
9 
transplanfation; 
10 
f) . Make recommendations for the education of the general public, health 
11 
workers, the clergy, law enforcement officers, members of the local fire 
.12 
. departments and other agencies and individuals that may be instrumental 
13 
in affecting human and tissue donation; 
14 
g) Make recommendations for assuring equitable access by patients to organ 
15 
and tissue transplantation and for assuring equitable allocation of donated 
16 
. human organs and tissues among transplant centers and among patients 
17 
medically qualified for an organ and tissue transplant; 
18 
'h) Identify the barriers to the donation of human organs and tissues to 
. 19 
patients (with special emphasis upon pediatric patients), including an 
20 
assessment of: 
21 
22 
23 
24 
25 
26 
27 
28 
1. 
Barriers to the improved identification of human organ an¢. tissue 
donors and their families and organ and tissue recipients; 
2. 
The number of potential human organ and tissue donors and their 
geo~aphical distribution; 
3. Current health care services provided for patients who need human 
organ and tissue transplantation and human organ and tissue donation 
procedures, systems and programs which affect such patients; 
4. 
Cultural factors affecting the family with respect to the donation of 
. 29 
human organs and tissues; and 
30 
5. Ethical and economic issues relating to human organ and tissue 
31 
needed by chronically-ill p~tients. 
32 
i) Make recommendations' for the conduct and coordination of continuing 
33 
research concerning all aspects of the transplantation of human organs 
34. 
and tissues; 
35 
j) Make an analysis of the factors involved in insurance reimbursement for 
36 
transplant procedures by private insurers and the' public sector; and 
7 


1 
k) Make an analysis of the manner in which human organ and tissue 
2 
transplantation technology is diffused' among and adopted by qualified 
3 
medical centers, including a specification of the number and geographical 
4 
distribution of qualified medical centers, of whether using such 
5 
technology is sufficient and of whether the public has sufficient access to 
6 
medical procedures using such technology. 
7 
8 
SEC. 16. Designation of Hospitals and Medical Centers. - The Secretary of 
9 
Health may, upon the recommendation of the Task Force, designate hospitals and 
10 
medical centers equipped with the appropriate state-of-the-art facilities as training 
II 
centers for human organ donation and transplantation. 
12 
13 
SEC. 17. Reports. - The Task Force, not later than three (3} months after its 
14 
establishment, shall transmit a'report to the Secretary of Health and to Congress of 
15 
its assessment of immune-suppressive medications to prevent organ and tissue 
16 
rejection. 
17 
Not later than six (6) months after it is established, the Task Force shall 
18 
transmit. a final report to the Secretary 'of Health and the Congress, which shall 
19 
include-
20' 
a) A description of any findings and conclusions of the Task Force made 
21 
pursuant to any study conducted under this Act; 
22 
b) Such recommendations as the Task FOrce considers appropriate. 
23 
24 
SEC. 18. Penalty. - Any person who shall buy or sell human organs or tissues 
25 
for profit-marketing shall, upon conviction suffer the penalty of imprisonment for 
26 
not less than two (2) years nor more than five (5) years and to pay a fine of not less 
27 
than Ten Thousand Pesos (P10,OOO.OO), nor more than Fifty Thousand Pesos 
28 
(P50,OOO.OO), at the discretion of the court: Provided, That if the offender is a public 
29 
officer or belongs to the medical profession, he shall, in addition, suffer the penalty 
30 
of perpetual absolute disqualification from holding a public office or forfeiture of his 
31 
license to practice medicine, respectively. Provided further, that if the offender is an 
32 
alien, he shall be deported after service of sentence without further proceedings. 
33 
34 
SEC. 19. Appropriation. - The sum of Three Million Pesos (P3,OOO;OOO.OO) not 
35 
otherwise appropriated from the funds of the National Treasury is hereby 
8 
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1 
appropriated to implement the provisions of this Act. Thereafter, the same shall be 
, 
' 
2 
included in the General Appropriations Act. 
3 
4 
SEC. 20. Rules a1}-d Regulations. - The Secret~ry of Health, after consultation 
5 
with health professionals, both government and private, and non-governmental 
6 
health organizations shall promulgate such rules and regUlations' as may be 
7 
necessary for the proper implementation of this Act. 
8 
9 
SEC. 21. Repealing Clause. - All laws, decrees, ordinances, rules and 
10 
regulations, executive or administrative orders, and other preSidential issuances 
11 
inconsistent .with the proVisions of this Act are hereby repealed, amended or 
12 
modified accordingly. 
13 
14 
SEC. 22. Separability Clause. - If any provision of this Act should be declared 
15 
invalid or unconstitutional, other provisions hereof not aHected thereby shall remain 
1 
16 
in fulHorce and effect. 
17 
18 
19 
20 
21 
SEC. 23: Effectivity. - This Act shall take effect fifteen (15) days after· its 
\ 
publication in at least two (2) newspapers of general circulation. 
Approved. 
9