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THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
S E N A T E  
17C9 
S. B. No. 
/’ 
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Introduced by Senator LUISA “LOY’ P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
Prenatal transmission is the leading cause of pediatric HlV infections, including ADS 
cases, In fact, recent studies suggest that HIV-infected women give birth and many babies 
continue to be born with HrV infection each year, without the knowledge of appropriate 
government agencies like the Department of Health. 
While medical advances have made it possible to nearly eliminate prenatal HIV 
transmission, as research studies have demonstrated that the administration of antiviral 
medication during pregnancy, during 1 abor, and immediately following b irth can significantly 
reduce the transmission of HIV from an infected mother to her baby, the same could not be 
effectively employed if there is failure to detect who among pregnant women are inflicted with 
the disease. 
If only to abate the alarming increase of HIV cases in the country, all pregnant women 
should he counseled and offered voluntary H N  testing. 
Certainly, mandatory testing of 
newborns and universal NIV testing of pregnant woman are the best approaches for identifying, 
treating, and preventing HIV among pregnant women and children. 
The proposed measure seeks to provide for HlV testing of pregnant women and newly 
born infants, considering that appropriate counseling and treatment can significantly reduce the 
number of pediatric HIV infections, including AIDS cases, can improve access to and medical 
care for the woman and children, and can provide opportunities to further reduce transmission 
among adults. 
Hence, immediate passage of the bill is earnestly sought. 
Senator 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILPPINES ) 
First Regular Session 
) 
S E N A T E  
S. B. No. 
f7r’:9 
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMENT AND 
NEWBORN INFANTS FOR INFECTION WITH HUMAN IMMUNODEFICIENCY 
VIRUS AND FOR OTHER PURPOSES 
Be it enacted b y  the Senate and the House o f  Representatives o f t  he Philippines i n  Congress 
Assem bled: 
SECTION 1. Short Title - This Act shall also be known as the “Women and Children’s 
HIV Protection Act of 2004.” 
SECTION 2. Declaration of Policy - It is the declared policy of the State to protect and 
promote the right to health and instill health consciousness among them by sponsoring programs 
that will address current health predicaments such as ADS prevention, with the end in view of 
educating the public, particularly women and children, on various means to protect themselves 
from the disease, and engaging the government to undertake special project aimed at detecting, 
controlling and abating the spread of the virus on the other hand. 
SECTION 3. Testing Requirement - All government funded hospitals under the 
supervision of the Department of Health and those directly administered by local government 
units shall undertake the following: 
1. 
Provide all pregnant women receiving prenatal care with counseling and testing 
regarding HIV disease. 


2. 
Release the results of such testing and promptly d isclose the same to the pregnant 
woman involved. 
3. 
In the c ase o f n ewborn infants, and whose b iological mothers h ave not undergone 
prenatal testing for HIV disease, provide each such infant with comprehensive testing 
for such disease. 
4. 
Release the results of such testing of a newborn infant and promptly disclose the same 
in accordance with the following, as applicable to the infant involved: 
a. 
To the biological mother of the infant (without regard to whether she is the 
legal guardian of the infant; 
To the legal guardian of the infant in appropriate case; and 
To the child's health care provider. 
b. 
C. 
SECTION 4. Liabilities - Any health officer, physician or any other person working for 
any government hnded hospital, who fails to comply with the mandatory requirements set forth 
in the preceding section shall be held administratively and civilly liable, in accordance with 
appropriate provisions of the Civil Code, the Rules of Court and other pertinent laws. 
SECTION 5. Guidelines - The Department of Health shall issue appropriate guidelines, 
within two months after the effectivity of this Act making such testing, counseling, and treatment 
the standard of care among government-funded hospitals. 
SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain 
valid and subsisting. 


SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 8. Effectivi@ Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.