Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. ________ 
Introduced by Representative Giselle Mary L. Maceda 
EXPLANATORY NOTE  
Organ transplantation has become a universally accepted and essential 
mode of medical treatment, offering hope and life-saving solutions to patients 
suffering from end-stage organ failure. By successfully transplanting healthy 
organs from donors, it is possible to not only prolong the lives of recipients but 
also significantly enhance their quality of life. This life-giving medical 
advancement is a cornerstone of modern healthcare and has contributed to the 
survival of millions worldwide. As such, promoting and regulating organ 
donation is a crucial public health matter. 
In the Philippines, the Organ Donation Act was enacted in 1991, authorizing 
the donation of any or all parts of a human body after death. The law aimed to 
encourage organ donation in the hopes of addressing the growing demand for 
organ transplants. Despite this, a major obstacle remains: the severe shortage of 
deceased organ donors, which continues to limit the effective application of organ 
transplantation in the country. As a result, many patients in need of life-saving 
transplants have resorted to seeking organs from living donors. 
Living organ donation, while saving lives, has become a controversial and 
problematic practice due to the unethical circumstances under which some 
donations are made. Vulnerable individuals in low-income countries, such as the 
Philippines, are often targeted by traffickers and unethical brokers, who exploit 
their financial struggles by encouraging or coercing them into selling their organs. 
Moreover, patients from wealthier countries often travel abroad to purchase 
organs, fueling a global underground market that threatens the health and safety 
July 29, 2025
4:35 pm
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of both the donors and recipients. The practice of organ trafficking not only 
violates human rights but also undermines the integrity of the medical profession. 
It is in this context that the Organ Donation Act needs to be strengthened. A 
new law is imperative to establish a comprehensive national system that will not 
only promote organ donation from both deceased and living donors but also 
safeguard the rights of living donors against exploitation and abuse. The law must 
create a transparent and ethical framework that encourages voluntary organ 
donation, while simultaneously protecting individuals from the dangers of 
trafficking and coercion. 
This proposed Organ Donation Act of 2025 will address the ethical concerns 
surrounding organ donation from living donors, create a framework for safe and 
voluntary donations, and establish strong safeguards against exploitation and 
trafficking. In doing so, it will protect both the lives of patients and the rights of 
living donors, ensuring that the practice of organ donation is carried out in a 
manner that is ethical, responsible, and just. 
In view of the foregoing, the passage of this bill is earnestly sought. 
  REP. GISELLE MARY L. MACEDA 
 4th District, Manila City 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. ________ 
Introduced by Representative Giselle Mary L. Maceda 
AN ACT  
STRENGTHENING THE HUMAN ORGAN AND TISSUE DONATION AND 
TRANSPLANTATION PROGRAM, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:  
SECTION 1. Short Title. - This Act shall be known as the ORGAN DONATION 
ACT OF 2025. 
SECTION 2. Declaration of Policy. –   It is the policy of the State to protect and 
promote the right to health of all Filipinos and instill health consciousness among 
them. Towards this end, the State shall exert all efforts to avert life-threatening 
diseases such as end-stage organ failure by ensuring availability and access to 
organ donation and transplantation for patients with end-stage organ failures to 
prolong and improve the quality of their lives. The State shall also protect living 
donors, especially those from the vulnerable sectors of society, from exploitation, 
abuse, and human trafficking.  
SECTION 3. Coverage. – This Act covers all government and private hospitals, 
health facilities, organ recovery organizations, medical and allied medical 
practitioners or professionals, foundations, and non-governmental organizations 
that are involved in organ and tissue donation and transplantation in the 
Philippines.  
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This Act also covers organ donations for transplantation purposes from deceased 
and living donors.  
 
 
SECTION 4. Definition of Terms. – As used in this Act:  
 
a) Allowable Reimbursement refers to the reasonable costs incurred by the donor 
for organ and tissue donation and transplantation covering the legal 
removal, transportation, implantation, processing, preservation, quality 
control, and storage of a human organ, tissue, or part thereof, as well as the 
expenses for travel, housing, lost wages, medical insurance and periodic 
health monitoring, life insurance, and cost of medicines of the donor to 
attain full recovery;  
 
b) Allocation refers to the assignment of human tissues and organs to a 
transplant candidate, based on a set of rules;  
 
c) Brain Death Criteria refers to the irreversible cessation of all functions of the 
entire brain based on a set of standards, guidelines, or rules that determine 
and diagnose brain death by neurological criteria as determined by the 
Philippine Neurological Association (PNA), or by a competent licensed 
medical specialist-practitioner; 
 
d) Clinical Donor Coordinator (CDC) refers to a healthcare professional 
designated to coordinate with the donor family and hospital to facilitate a 
donation and proper transport of donated organs or tissues;  
 
e) Clinical Transplant Coordinator (CTC) refers to a healthcare professional of a 
transplant center designated to coordinate with its transplant team, patients, 
donors, organ recovery organizations, the Philippine Organ Donation and 
Transplantation Board, and the Philippine Network for Organ Sharing 
(PhilNOS) towards the performance of a transplant operation;  
 
f) Commercial Dealings – refers to:  
 
i. 
The sale, barter, or supply of human organ, tissue, or part thereof, 
involving valuable consideration in whatever form;  
ii. 
Acts involving trafficking of a human organ, tissue, or part thereof, 
through whatever means; and  
 
iii. 
The brokering for sale, barter or supply of a human organ, tissue, or 
part thereof, whether for money or any other consideration in 
violation of this Act 
 


 
g) Death refers to the irreversible cessation of circulatory and respiratory 
functions or the irreversible cessation of all functions of the entire brain, 
including the brain stem. A person shall be medically and legally dead if:  
 
i. 
In the opinion of the attending physician, based on the acceptable 
standards of medical practice, there is an absence of natural 
respiratory and cardiac functions and attempts at resuscitation would 
not be successful in restoring these functions. In this case, death shall 
be deemed to have occurred at the time these functions ceased; or  
 
ii. 
In the opinion of the consulting physician, concurred in by the 
attending physician, based on acceptable standards of medical 
practice, there is an irreversible cessation of all brain functions and 
considering the absence of such functions, further attempts at 
resuscitation or continued supportive maintenance would not be 
successful in restoring such natural functions. In this case, death shall 
be deemed to have occurred at the time when these conditions first 
appeared.  
 
The death of a person shall be determined in accordance with the acceptable 
standards of medical practice, which shall be recorded in the patient’s 
medical record.  
 
h) Decedent refers to a deceased individual;  
 
i) Donation After Brain Death (DBD) refers to the process of recovering organs 
after a person has been declared dead based on the complete and 
irreversible loss of all brain activity, including the brain stem, even if the 
heart is still beating with the help of machines;  
 
j) Donation After Circulatory Death (DCD) refers to the process of recovering 
organs for transplantation after a person’s heart has permanently stopped 
bearing, either unexpectedly or after physicians have intentionally and 
ethically stopped life-support treatment due to a medical condition that 
cannot be cured;  
 
k) Donor refers to an individual who voluntarily donates organ, tissue, or part 
thereof, gratuitously to another who accepts it. The term also refers to an 
individual authorized in this Act to donate all or part of the body of a 
decedent;  
 
l) Donor Allocation Scoring System refers to the national scoring system by 
which allocation of organs from deceased donors shall be based;  
 


 
m) Human Organ refers to the kidney, liver, heart, lung, pancreas, and any other 
human organ, tissue, or part thereof, including bone marrow, bone, cornea, 
skin, muscle tissue, and any other transplantable part of a human body;  
 
n) Human Organ and Tissue Bank Storage refers to a facility licensed, accredited, 
or approved by the DOH under the law for storage of human organs, 
tissues, or parts thereof;  
 
o) Immediate Family refers to either the decedent’s legitimate spouse, children, 
parents, grandchildren, grandparents, or siblings, whether whole blood or 
half blood, in the order of priority;  
 
p) Living Donor refers to an individual who is willing to donate an organ, 
tissue, or part of the body while still alive;  
 
q) Organ Transplant Candidate refers to a patient diagnosed to have an end-
stage organ disease who is qualified to undergo an organ transplant 
procedure;  
 
r) Philippine Organ Donor and Recipient Registry System refers to a national 
computerized database of all organ transplant candidates, recipients, organ 
donors, and all transplants performed in the Philippines;  
 
s) Procurement refers to a process that includes donor identification, 
evaluation, obtaining consent for donation, donor maintenance, and 
retrieval of organs and/or tissues;  
 
t) Recipient refers to a patient to whom human organs and/or tissues are 
transplanted;  
 
u) Tissue refers to all constituent parts of the human body formed by cells;  
 
v) Tissue Bank refers to a hospital unit where activities of processing, 
preservation, storage, and distribution of human tissues are undertaken, 
and may also be responsible for procurement of testing tissues;  
 
w) Transplantation refers to the transfer (engraftment) of human cells, tissues, 
or organs from a donor to a recipient with the aim of restoring function/s 
in the body; and  
 
x) Transplant Center refers to a hospital with facilities accredited by the DOH 
to perform organ and/or tissue transplantation.  
 
 


 
 
SECTION 5. Philippine Organ and Tissue Donation and Transplant Program 
(POTDTP). – The Philippine Organ and Tissue Donation and Transplantation 
Program is hereby established to provide the overall direction and system of 
implementation of organ donation and transplantation in the country, through the 
Philippine Organ and Tissue Donation and Transplantation Board under the 
Department of Health (DOH) created under this Act.  
 
 
SECTION 6. Philippine Organ and Tissue Donation and Transplantation Board 
(POTDTB). – There is hereby established a Philippine Organ and Tissue Donation 
and Transplantation Board, hereinafter referred to as the Board, composed of the 
following members:  
 
a) Secretary of Health, as Chairperson; 
 
b) DOH Undersecretary for Policy and Standard Development Team for 
Service Delivery, or equivalent rank and function, as Vice Chairperson;  
 
c) Chairperson of the National Transplant Ethics Committee;  
 
d) President of the Philippine Health Insurance Corporation (PhilHealth); 
 
e) Representative of government transplant facilities appointed by the 
Secretary of Health;  
 
f) Representative of private transplant facilities appointed by the Secretary of 
Health;  
 
g) Representative of the professional societies involved in transplantation, 
including the Philippine Society of Transplant Surgeon, the Philippine 
Society of Nephrology, the Philippine Urology Association, and the 
Transplant Society of the Philippines, designated by the societies on a 
rotational basis for a term of two (2) years;  
 
h) Chairperson of the Professional Regulation Commission (PRC); and  
 
i) Representative of nongovernment organizations involved in health 
advocacy, preferably on human organ donation, to be appointed by the 
Secretary of Health.  
 
For the effective implementation of this provision, the Secretary of Health may 
designate any existing unit, office, center, or bureau under the DOH to serve as the 
Secretariat of the Board, and for any other functions related to organ donation and 
transplantation.  


 
 
All the appointees shall serve for a term of two (2) years, and may be reappointed 
once. 
 
SECTION 7. Functions. –  The Board shall exercise the following functions:  
 
a) Formulate and enforce policies on organ donation and transplantation 
within the framework of Philippine laws;  
 
b) Review and approve programs in support of a rational, ethical, accessible, 
and equitable organ donation and transplantation program in the country;  
 
c) Accredit transplant facilities;  
 
d) Monitor compliance by transplant centers and organ recovery organizations 
with the policies prescribed by the Board; and  
 
e) Perform other functions as necessary and may be ordered by the President 
of the Philippines, or act on matters that are germane or related to its above-
mentioned primary functions.  
 
 
SECTION 8. Philippine Network for Organ Sharing. – There is hereby established a 
Philippine Network for Organ Sharing (PhilNOS) under the Board to perform the 
following functions:  
 
a) Oversee and facilitate donation and transplantation of organs and tissues 
involving deceased and living donors in the country;  
 
b) Act as the central coordinating body to ensure that all organs and tissues 
from deceased and living donors are allocated according to established 
criteria;  
 
c) Promote organ and tissue donation from a deceased or living donor through 
the following means:  
 
i. 
Public information and education drive;  
ii. 
Information and education for health and allied professionals;  
iii. 
Training of organ donation and transplant coordinators; and  
iv. 
Campaign to recruit volunteers to sign organ donor cards 
 
d) Implement the policies on organ allocation from a deceased or living donor;  
 


 
e) Maintain a national waiting list or registry of patients seeking 
transplantation with organs from deceased and living donors;  
 
f) Organize, fund, and regulate a national network of government hospital-
based organ recovery organizations;  
 
g) Assist in the development and accreditation of nongovernment organ 
recovery organizations;  
 
h) Develop and update specific donor allocation scoring systems for the 
different organs for transplantation and use the same for the selection of 
deserving recipients from the waiting list of organ transplant candidates;  
 
i) Provide relevant data in aid of legislation and the formulation of health 
policies regarding deceased organ donation;  
 
j) Formulate and issue guidelines on the accreditation of Organ Recovery 
Organizations (OROs), as provided in this Act, to ensure that the process 
followed is ethical; 
 
k) Perform such other functions as may be ordered by the Board.  
 
 
SECTION 9. Secretariat. – The PhilNOS shall be supported by a secretariat 
consisting of personnel with the necessary technical expertise and capability who 
will be designated by the Secretary of Health from the existing relevant bureau or 
unit of the DOH. The Secretariat shall be headed by a Program Manager under the 
direct supervision of the Chairperson of the Board.  
 
 
SECTION 10. Transplant Centers. – The Board, through its licensing and 
accreditation arm and the Bureau of Health Facilities and Services, shall establish 
accreditation criteria for DOH-licensed hospitals that should be allowed to 
perform transplant operations. The Board and the Bureau of Health Facilities and 
Services may limit a transplant center to the performance of transplants to specific 
organs or tissues. These licensed hospitals shall be accredited as Transplant 
Centers. 
 
 
SECTION 11. Transplantation Section and Functions. – Each transplant center facility 
shall establish a Transplantation Section which must be staffed by at least: a) one 
(1) qualified transplant surgeon; b) a transplant support team that includes a 
clinical transplant coordinator; c) medical specialists; and d) nurses knowledgeable 
in transplantation procedures.  
 


 
The Transplant Section shall have the following functions, over and above those 
determined by the transplant center:  
 
a) Record all transplants performed in the center containing information 
required by the Board and submit a monthly report to the Board;  
 
b) Monitor and provide medical follow-up care of transplant patients and 
living donors; and  
 
c) Document donor outcomes, graft and patient survival and morbidities 
associated with transplant procedures. A summary of these documents shall 
be submitted to the Board annually.  
 
 
SECTION 12. Organ Recovery Organizations. – For the PhilNOS to effectively carry 
out its functions, organ special service units, to be called organ recovery 
organizations (OROs), shall be allowed. An ORO is a nonprofit organization, 
which may be independent or hospital-based and accredited by the DOH to obtain 
organs for transplantation. An ORO shall be responsible for identifying, 
evaluation, and obtaining organ donations from deceased donors from hospitals, 
including the preservation and transportation of such organs. Provided, That an 
ORO shall have licensed and board-certified surgical and medical experts for this 
purpose.  
 
The Secretary of Health shall formulate the guidelines to ensure that an ORO is 
designated for each region and major hospitals in the country, as well as in areas 
where there is an uptrend in transplant activity.  
 
 
SECTION 13. National Transplant Ethics Committee. – A National Transplant Ethics 
Committee under the DOH shall be established to perform the following functions;  
 
a) Formulate national ethical standards or guidelines on organ donation and 
transplantation for approval by the POTDTB;  
 
b) Assist the Board in the resolution of ethical issues;  
 
c) Assist in the monitoring of transplant facilities to ensure compliance with 
ethical standards or guidelines; and  
 
d) Perform such other functions as may be ordered by the Board on organ 
donation and transplant ethical-related issues.  
 
 


 
SECTION 14. Hospital Ethics Committee. – All hospitals and medical institutions 
shall create an Ethics Committee to improve healthcare delivery and outcomes by 
helping to identify, analyze, and resolve ethical dilemmas as they emerge through 
consultation, education, and policy development germane to organ donation and 
transplant matters.  
 
The Hospital Ethics Committee shall:  
 
a) Make recommendations to the National Transplant Ethics Committee in the 
formulation of ethical principles and policies on human organs, tissues, or 
parts thereof, to prevent and avoid participation of the hospital, whether 
directly or indirectly, in commercial dealings in human organs, tissues, or 
parts thereof;  
 
b) Monitor and resolve ethical issues involving organ donation and 
transplantation;  
 
c) Submit monthly reports of all its meetings and proceedings to the National 
Transplant Ethics Committee; and  
 
d) Perform such other functions as may be ordered by the National Transplant 
Ethics Committee.  
 
All hospitals, medical institutions, and organ or tissue bank storage facility shall 
record all transactions and vital information or documents on organ donations, 
which shall be made available and transparent to the public, as deemed practicable 
and necessary.  
 
 
SECTION 15. Organ Donation from Deceased Donors. – The recovery of organs from 
deceased donors shall be prioritized over organs from living donors. Organ 
donation from deceased donors may be carried out through either Donation after 
Brain Death (DBD) or Donation after Circulatory Death (DCD), in accordance with 
established medical, ethical, and legal standards.  
 
 
SECTION 16. Living Donors. – The Board shall establish policies and guidelines to 
prevent organ trafficking and to ensure the safety of living donors, and their 
eventual recipients, in accordance with the provisions of this Act.  
 
 
SECTION 17. Determination and Declaration of Death. – For purposes of this Act, an 
organ donor shall be determined and declared dead if:  
 


 
a) In the opinion of the consulting physician, in concurrence with the attending 
physician, and on the basis of acceptable standards of medical practice, there 
is an irreversible cessation of all brain functions, and considering the 
absence of such functions, further attempts at resuscitation or continued 
supportive maintenance would not be successful in restoring such natural 
functions. In this case, death shall be deemed to have occurred at the time 
when these conditions first appeared; or 
 
b) In the opinion of the attending physician, based on the acceptable standards 
of medical practice, there is an absence of natural respiratory and cardiac 
functions and attempts at resuscitation would not be successful in restoring 
those functions. In this case, death shall be deemed to have occurred at the 
time the functions ceased.  
 
Provided, that the death of a person shall be determined in accordance with the 
Brain Death Criteria provided by the PNA, or by a competent certified medical 
practitioner, which brain death shall be declared by two (2) different physicians 
who are both not part of the transplant team. The attending physicians shall 
determine and establish brain death based on existing guidelines. The death shall 
be recorded in the patient’s medical record. Provided, further, that in cases of 
circulatory death, the determination of death shall be made in accordance with the 
World Health Organization (WHO) Clinical Criteria for the Determination of 
Death.  
 
 
SECTION 18. Persons Who May Execute Organ Donation Legacy. – A person who is 
at least eighteen (18) years of age and of sound mind may give, by way of legacy, 
all or any organ, tissue, or part thereof.  
 
 
SECTION 19. Peron Who May Execute a Donation for Deceased Donor. – In the absence 
of actual notice of contrary intentions by the decedent or actual notice of 
opposition by a member of the immediate family of the deceased donor, any of the 
following persons in the order of priority provided herein may donate all or any 
part of the decedent’s body:  
 
i. 
Spouse;  
ii. 
Son or daughter of legal age;  
iii. 
Either parent;  
iv. 
Grandchild;  
v. 
Grandparent;  
vi. 
Brother or sister of legal age; and  
vii. 
Legal guardian over the person of the decedent at the time of death.  
 


 
The persons authorized in this section may make the donation before or 
immediately after death. Any donation by a person authorized under this section 
shall be sufficient.  
 
 
SECTION 20. Persons Who May Become Recipients, Legatees or Donees. – The 
following persons may become recipients, legatees, or donees of human organs, 
tissues, or parts thereof for any of the purposes stated hereunder:  
 
a) Any specified individual qualified for transplantation;  
 
b) Any hospital, physician or surgeon – for medical or dental education, 
research, advancement of medical or dental science, therapy or 
transplantation;  
 
c) Any accredited medical or dental school, college or university – for 
education, research, and advancement of medical or dental science, or 
therapy; and  
d) Any organ or tissue bank storage facility – for medical or dental education, 
research, therapy or transplantation.  
 
 
SECTION 21. Duty of Hospitals. –  A hospital authorized to receive organ donations 
or to conduct transplantation shall train qualified personnel and staff to handle the 
delicate task of introducing the organ donation program in a humane manner to 
the immediate family of the decedent authorized to execute a donation under this 
Act.  
 
 
SECTION 22. Manner of Executing a Donation Legacy. – The donor may execute the 
intended organ donation legacy in the following manner:  
 
a) A legacy or donation of all or any organ, tissue, or any part of the human 
body may be made through a written and duly signed will. The legacy 
becomes effective upon the death of the testator. If the will is declared 
invalid for testamentary purposes, the legacy, to the extent that it was 
executed in good faith, is nevertheless valid and effective.  
 
b) A legacy or donation of all or any organ, tissue, or part of the human body 
may also be made in any document other than a will. The legacy becomes 
effective upon the death of the testator or donor and shall be respected and 
binding. The document may be a card or any paper signed by the testator 
or donor in the presence of two (2) witnesses, who must either be relatives 
within the fourth degree of consanguinity of the testator or donor, or legal 


 
guardians or both, and who must have signed the document in the presence 
of the testator or donor.  
 
c) The legacy may be made to either a specified legatee or an unspecified 
legatee. If the legacy is made to a specified legatee who is not available at 
the time and place of the testator’s death, the attending physician or surgeon 
may accept the legacy as legatee. If the legacy does not specify a legatee, the 
legacy may be accepted by the attending physician or surgeon as legatee 
upon or following the testator’s death. Provided, that the physician who 
becomes a legatee under this subsection shall not participate in the 
procedures for removing or transplanting the human organ, tissue, or part 
thereof of the decedent.  
d) The testator may designate in the will, card, or other document the surgeon 
or physician who will carry out the appropriate procedures for removing or 
transplanting the human organ, tissue, or part thereof of the decedent.  
 
In the absence of a designation, or if the surgeon or physician designated is not 
available, the legatee or other persons authorized to accept the legacy may 
authorize any surgeon or physician for the purpose.  
 
 
SECTION 23. Organ Donor Cards. – A donor may also indicate the willingness to 
donate an organ, tissue, or part thereof either through a donor card or a 
government-issued identification (ID) cards and licenses, including the following:  
 
a) Land Transportation Office (LTO) – issued driver’s license;  
b) PhilHealth membership ID;  
c) Government Service Insurance System (GSIS) membership ID; 
d) Social Security System (SSS) membership ID;  
e) Professional Regulation Commission (PRC) license card;  
f) Bureau of Internal Revenue (BIR) tax identification number ID; or  
g) Department of Foreign Affairs (DFA) – issued Philippine passport.  
 
For this purpose, the LTO, PhilHealth, GSIS, SSS, PRC, BIR, and the DFA shall, in 
coordination with the DOH-PhilNOS, devise their respective application forms 
wherein the consent of the applicant to be an organ or tissue donor in case of death 
will be indicated. The application must also be signed by at least two (2) witnesses 
who must be relatives within the fourth degree of consanguinity of the donor. The 
response of the donor shall be prominently indicated in these cards, and these 
government agencies shall furnish the PhilNOS of the applicant’s positive 
response, which shall be recorded in the PhilNOS registry of potential organ 
donors.  
 
 


 
SECTION 24. Procedure in the Absence of a Donation. – In the absence of any of the 
persons authorized to execute a donation under this Act, and in the absence of any 
document of explicit organ donation, the physician in charge of the patient, the 
head of the hospital, or a designated officer of the hospital who has custody of the 
body of the decedent who died in an accident or any traumatic incident or other 
medico-legal cases, may authorize in a public document the transplantation of an 
organ to the body of a living person: Provided, that said physician, head of the 
hospital, or a designated officer of the hospital for this purposes, exerted 
reasonable efforts, within forty-eight (48) hours, to locate the nearest relative 
specified in this Act, or the guardian of the decedent at the time of death.  
 
The physician, head of the hospital, or a designated officer of the hospital, or the 
medico-legal officer of any government agency which has custody of the body may 
authorize the removal of the cornea or corneas of the decedent within twelve (12) 
hours after death and upon the request of the qualified legatees or donees for the 
sole purpose of transplantation: Provided, that the removal of the cornea or corneas 
will not alter the post-mortem facial appearance of the decedent by placing 
aesthetic eye caps after the cornea or corneas have been removed.  
 
In all donations, the decedent from whose body an organ will be removed for 
transplantation to a living person shall be diagnosed separately and certified by 
two (2) qualified physicians, neither of whom is:  
 
a) A member of the team of medical practitioners who will effect the removal 
of the organ/s from the body; nor  
 
b) The physician attending to the recipient of the organ to be removed; nor  
 
c) The head of the hospital or the designated officer authorizing the removal 
of the organ.  
 
 
SECTION 25. Persons Authorized to Remove and Transplant Organs, Tissues and 
Corneas. – Only authorized medical practitioners and certified transplant surgeons 
in an accredited hospital or transplant center shall remove or transplant any organ 
or tissue authorized to be removed or transplanted. The removal of corneal tissues 
shall be performed only by the ophthalmic surgeons and ophthalmic technicians 
trained in the methodology of such procedure and duly certified by the accredited 
National Association of Ophthalmologists and Specialty Board.  
 
 
SECTION 26. Transport of Donated Organ. – Given the urgency to immediately 
transport the donated organ to be utilized in a transplant operation, all local 
transport facilities, most importantly airlines, shall allocate a space in the 


 
passenger cabin to accommodate the transport of such organ on the first available 
opportunity, free of charge. If the package requires an accompanying transplant 
coordinator, such accompanying person may be charged the regular or discounted 
rate at the discretion of the carrier. In availing of this privilege, the following 
requirements shall be observed by the transplant coordinator:  
 
a) The sender must be a DOH or PhilNOS-accredited ORO represented by any 
of its clinical transplant coordinators who must carry the official PhilNOS-
issued identification card;  
 
b) The receiving party must also be a clinical transplant coordinator who must 
also carry an official PhilNOS-issued identification card; and  
 
c) The packaging must comply with required medical standards and contain 
a seal also issued by the PhilNOS. The required packaging standards shall 
be provided by the PhilNOS to all local airlines.  
 
SECTION 27. Allowable Reimbursements for Organ from Deceased Donor. – The 
human organ, tissue, or part thereof, shall be donated free or without any financial 
consideration. Reimbursements for reasonable expenses incurred during the 
recovery, organ preservation, transport, and the ORO’s administrative and other 
operational costs may be collected from the legatee or donee. This amount shall be 
determined by the PhilNOS and shall be subject to annual review, considering 
inflationary and other economic factors.  
 
 
SECTION 28. Assistance and Protection to Donors. – A donor of a human organ, 
tissue, or part thereof, and the immediate family shall be entitled to the following 
assistance, protection, and recognition:  
 
a) Inclusion in the priority list of the PhilNOS, if the donor should need an 
organ in the future. The immediate family of a living or deceased donor 
shall also be given priority if any member of the immediate family, as 
defined in this Act, also needs an organ in the future;  
 
b) Allowable reimbursement for reasonable expenses from the donee or 
recipient, or if eligible, from the PhilHealth, for the costs directly related or 
associated with the legal removal, transportation, implantation, processing, 
preservation, quality control, and storage of a human organ, tissue, or parts 
thereof, including expenses for travel, housing, and lost wages incurred by 
the donor in connection with the donation of the organ, tissue, or part 
thereof, medical insurance and periodic health monitoring, life insurance, 
and cost of medicines of the donor to attain full recovery;  
 


 
c) Additional support voluntarily provided by a donee, or a nonprofit 
organization or government agencies, which include the Technical 
Education and Skills Development Authority (TESDA), the Commission on 
Higher Education (CHED), Department of Social Welfare and Development 
(DSWD), Department of Labor, Department of Science and Technology 
(DOST), and other agencies for educational or livelihood assistance coursed 
through the DOH-PhilNOS;  
 
d) Memorialization through a “Dugtong Buhay” award to be given by the 
Secretary of Health;  
 
e) Paid leave for fifteen (15) days during the full recovery if the donor is 
employed, either in the government or private sector;  
 
f) Priority in employment in the government: Provided, that a physician 
certifies that the living donor is fit for either strenuous or non-strenuous 
work, or both: Provided, further, that this shall not apply to positions in the 
uniformed police and military personnel;  
 
g) Disability pay from the SSS or GSIS is case of post-operation disability;  
 
h) Ten percent (10%) discount from pharmaceutical companies and their 
distributors on transplant and post-transplant related medicines prescribed 
for the donor’s medication: Provided, that this will be certified by the 
attending physicians; and  
 
i) Token of gratitude to the donor in the form of cash determined by the 
PhilNOS and shall be subject to annual review considering inflation and 
other economic factors.  
 
The Secretary of Health, in coordination with the concerned agencies, including 
the Civil Service Commission (CSC) and the Department of Labor and 
Employment (DOLE), shall formulate the necessary guidelines for the effective 
implementation of this section.  
 
 
SECTION 29. PhilHealth Assistance. – The PhilHealth shall:  
 
a) Develop a benefit package to reimburse the host ORO for the acquisition 
cost of the organ, tissue, or part thereof; and  
 
b) Increase its present benefit package for indigent-donee who cannot afford 
the entire cost before, during, and after organ transplantation, including 
related expenses such as anti-rejection drugs or immunosuppressants. For 


 
this purpose, PhilHealth shall formulate a socialized medical and financial 
assistance scheme in relation to the annual family income to enable the 
indigent recipient to pay for the transplant and ensure survival.  
 
 
SECTION 30. Housing Support for Transplant Candidates. – In recognition of the 
need for accessible pre- and post-transplant care, all local government units 
(LGUs) situated within the jurisdiction of or in proximity to recognized transplant 
centers shall develop and implement programs aimed at providing affordable and 
safe temporary housing accommodations for organ transplant candidates and 
their immediate family. These programs shall prioritize transplant candidates who 
reside more than six (6) hours away from the transplant center with the objective 
of reducing the burden of long-distance travel and associated costs of lodging 
during critical periods of medical care.  
 
 
SECTION 31. Information and Education Drive. – To ensure public awareness of the 
maximum benefits under this Act, the DOH, in cooperation with institutions such 
as the National Kidney and Transplant Institute (NKTI), Philippine Heart Center, 
Lung Center of the Philippines, professional health associations, other civic and 
nongovernment health organizations, and other health-related agencies involved 
in the donation and transplantation of human organs, as well as the Department 
of Education, TESDA, and the CHED shall undertake a public information and 
education program for this purpose.  
 
The Secretary of Health shall ensure that all health professionals, both in 
government and private sectors, as well as media organizations from print, radio 
and television including the online information technology platform are 
encouraged to undertake massive public information campaign to emphasize the 
importance of human organ donation.  
 
The importance of human organ donation shall be emphasized in the Health and 
Science subjects in the curricula of both the elementary and secondary levels. The 
Secretary of Health shall coordinate with the Secretary of Education and the 
Chairperson of the CHED for the effective implementation of this provision. The 
Information and Advocacy Committee under the PhilNOS shall be in charge of the 
training program of the faculty members of the schools handling courses on 
human organ and tissue donation.  
 
The Secretary of Health through coordination efforts with all relevant stakeholders 
shall also endeavor to disseminate information on human organ and tissue 
donation through other means, including the internet, social media, and mail.  
 
 


 
SECTION 32. National Organ Donation Awareness Month. – The month of April of 
every year shall be declared as the “National Organ Donation Awareness Month.” 
The DOH, with PhilNOS, in coordination with various government and private 
agencies and organizations, including professional societies, OROs or associations 
related to human organ donation and transplantation, shall spearhead programs 
and activities that highlight the importance of organ donation in saving lives.  
 
 
SECTION 33. Protection Against Discriminatory Acts. – Living organ donor and an 
organ donee shall be protected from the following discriminatory acts:  
 
a) It shall be unlawful to discriminate against a living organ donor or an organ 
donee in any form from pre-employment to post-employment, including 
hiring, promotion, or assignment because of the person being an organ 
donor or an organ donee, and despite a certification from a physician that 
the living donor or an organ donee is fit for work: Provided, that this 
provision shall not apply to uniformed police and military personnel for 
purposes of their pre-employment and hiring procedure and requirements.  
 
b) It shall be unlawful for private health insurance companies under a health 
maintenance organization (HMO) and life insurance companies to deny or 
deprive a person of health or life insurance coverage based on being an 
organ donor or donee. Neither shall the insurance premiums of an insured 
donor or donee be increased, nor the insurance benefits of an insured donor 
or donee be decreased. The Insurance Commission shall implement the 
provision covering life insurance and shall develop the necessary policies to 
ensure compliance.  
c) It shall be unlawful for a carrier to refuse to transport or ship an organ, 
tissue, or part thereof, whether accompanied or not. Such refusal shall be 
penalized with a fine in the amount of Fifty thousand pesos (P50,000.00).  
 
Any person who commits the discriminatory act mentioned in subsection (a) of 
this section shall suffer the penalty of imprisonment for six (6) months to four (4) 
years and a fine nor exceeding Ten thousand pesos (P10,000.00), including the 
cancellation or revocation of license or permit as may be applicable.  
 
Any person who acts in good faith in accordance with the provisions of this Act 
shall not be liable for damages in any civil action or subject to criminal prosecution.  
 
 
SECTION 34. Prohibited Acts. – It shall be unlawful for any person, natural or 
juridical, to commit any of the following acts:  
 


 
a) Advertise in any manner, whether formally or informally through print, 
broadcast media, and other means of electronic media, an offer to sell, 
barter, deal in, or supply human organs, tissues, or parts thereof or an offer 
to acquire, buy or to receive human organs, tissues, or parts thereof for 
consideration in whatever form;  
 
b) Advertise, publish, print, broadcast or distribute, or cause the 
advertisement, publication, printing, broadcasting, or distribution by any 
means, including the use of information technology and the internet, or any 
brochure, flyer, or any propaganda material that promotes commercial 
dealings in human organs, tissues, or parts thereof;  
 
c) Recruit, transport, transfer, harbor, provide, or receipt of persons by any 
means, for the sale, barter, or supply of human organs, tissues, or parts 
thereof which involves consideration in whatever form;  
 
d) Offer consideration whether in the form of money, or any other kind or 
service to acquire, buy, offering, selling, or trading human organs, tissues, 
or parts thereof;  
 
e) Offer to supply human organs, tissues, or parts therefor for consideration or 
initiate or negotiate any arrangement for the supply thereof or for an offer 
to supply human organs, tissues, or parts thereof;  
 
f) Act as a facilitator, middleman, broker, or similar role in the sale, barter, or 
supply of human organs, tissues, or parts thereof for consideration in 
whatever form;  
 
g) Engage in the trade, sale, barter, or supply of human organs, tissues, or parts 
thereof for consideration in whatever form; 
 
h) Knowingly store or handle human organs, tissues, or parts thereof that have 
been acquired, transferred, or sole for consideration in whatever form;  
 
i) Knowingly deliver, transport, transfer, or distribute human organs, tissues, 
or parts thereof that have been acquired, transferred, or sold for 
consideration in whatever form;  
 
j) Remove or transplant human organs, tissues, or parts thereof even after 
he/she has been informed or has knowledge that the same has been 
acquired, transferred, or sold for consideration in whatever form;  
 
k) Consent to the transplantation of human organs, tissues, or parts thereof 
and be transplanted with the same with the knowledge that the human 


 
organs, tissues, or parts thereof have been acquired, transferred, or sold for 
consideration in whatever form;  
 
l) Recruit or invite persons to supply human organs, tissues, or parts thereof 
for consideration in whatever form; and  
 
m)  Make or receive payment for the supply of or for an offer to supply human 
organs, tissues, or parts thereof, other than those allowed under this Act.  
 
 
SECTION 35. Penalties. – The following penalties and sanctions are imposed for 
the offenses enumerated in Section 33 of this Act:  
 
a) Any person found guilty of committing any of the acts enumerated in 
Section 33 of this Act shall suffer the penalty of imprisonment of twenty (20) 
years and a fine of not less than Five hundred thousand pesos (P500,000.00) 
but not more than Two million pesos (P2,000,000.00); 
 
b) If the offender is a corporation, partnership, association, club, establishment 
or any juridical person, the penalty shall be imposed upon the owner, 
president, partner, manager, or any responsible officer who participated in 
the commission of the crime or who shall have knowingly permitted or 
failed to prevent its commission;  
 
c) The registration with the Securities and Exchange Commission (SEC) and 
license to operate of an erring corporation, partnership, association, or 
group shall be cancelled and revoked permanently. The owner, president, 
partner, or manager thereof shall not be allowed to operate similar 
establishments under a different name;  
 
d) If the offender is a hospital, clinic, or other similar licensed medical 
institution, the penalty shall be imposed upon its owner, president, director, 
members of the board, officials, doctors, and medical staff with knowledge 
of the illegal acts and participated in the illegal acts;  
 
e) If the offender is a hospital, clinic or medical institution under the DOH and 
other regulatory institutions, its license shall be cancelled and revoked, and 
the license to practice of medical professionals working in such hospital, 
clinic, medical or regulatory institution found guilty of the illegal acts shall 
be cancelled and revoked;  
 
f) If the offender is a foreigner, the foreigner shall be immediately deported 
after serving the sentence and be barred from permanently entering the 
country; and  


 
 
g) If the offender is an official or employee of a government agency, such 
official or employee shall be held administratively liable, without prejudice 
to criminal liability under this Act. The government official or employee 
shall, upon conviction, be dismissed from the service and be barred from 
permanently from holding public office. The retirement and other benefits 
of erring government officials or employees shall likewise be forfeited.  
 
 
SECTION 36. Hospital Reporting and Accountability. – To ensure active support and 
compliance with the Philippine Organ Donation and Transplantation Program, all 
hospitals, whether public or private, are hereby mandated to submit an annual 
report to the Department of Health (DOH) containing the following information:  
 
a) Potential Organ Donors Identified; The total number of patients identified 
as potential organ donors within the reporting period;  
 
b) Referrals to Organ Recovery Organizations; The number of referrals made 
by the hospital to accredited organ recovery organizations (OROs) in 
accordance with the established standards;  
 
c) Actual Donations Completed; The number of actual organ donations made 
by patients within the reporting period; and  
 
d) Other Relevant Data; Any additional information relevant to organ 
donation and transplantation efforts, as determined by the Department of 
Health, including but not limited to, any challenges encountered in the 
process. 
 
The report shall be submitted to the DOH no later than January 31 of each year for 
the preceding calendar year. The Department of Health shall use these reports to 
assess the overall effectiveness of the program, identify areas for improvement, 
and enhance public education and outreach efforts aimed at increasing organ 
donation rates across the country.  
 
 
SECTION 37. Joint Congressional Oversight Committee. – There shall be a Joint 
Congressional Oversight Committee on the implementation of this Act, which 
shall be jointly chaired by the Chairpersons of the Committee on Health of the 
House of Representatives and the Senate Committee on Health and Demography, 
and composed od the Chairpersons of the following Committees from both 
Houses: Trade and Industry, Civil Service and Professional Regulations, Justice, 
and two (2) Members from each House representing the minority who shall be 


 
appointed by the Senate President and the Speaker of the House of 
Representatives, respectively. 
 
 
SECTION 38. Appropriations. – The amount necessary for the implementation of 
this Act shall be included in the General Appropriations Act (GAA). 
 
 
SECTION 39. Implementing Rules and Regulations. – Within sixty (60) days from the 
effectivity of this Act, the DOH and DOH-PhilNOS, in coordination with the 
concerned departments and agencies of government, including private and 
nongovernment health professionals’ organizations and relevant stakeholders 
shall promulgate the rules and regulations to effectively implement this Act.  
 
 
SECTION 40. Separability Clause. – If any portion or provision of this Act is declared 
unconstitutional or invalid, the remainder of this Act or any provision not affected 
thereby shall remain in force and effect.  
 
 
SECTION 41. Repealing Clause. – Republic Act No. 7170, as amended, otherwise 
known as the “Organ Donation Act of 1991” and all orders or directives issued 
pursuant to said Act are hereby repealed. All other laws, decrees, orders, rules and 
regulations or other issuances or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or amended accordingly.  
 
 
SECTION 42. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.  
 
 
Approved,